GLOBAL FOG & EFFECTS LLC. DBA LIGHTWERK LABS - TERMS AND CONDITIONS OF SALE AND SERVICE AND INSTALLATION
 

Last Updated: [AUG 2019]
 

These Terms and Conditions ("Agreement") apply to the purchase of all equipment, electronic components, software systems, computer hardware, lighting fixtures, and related products (“Equipment”) from Global Fog & Effects LLC. DBA Lightwerk Labs, (“Seller”), an Arizona-based company. By purchasing Equipment from Seller, the buyer ("Customer") agrees to the following terms:

0. Our Professional Commitment

Lightwerk Labs is dedicated to delivering what we, as experienced professionals, believe to be the most appropriate equipment and lighting fixtures for each unique installation. Every recommendation is made with professional consideration of multiple project-specific factors, including:

• Intended use and performance goals

• Environmental and site conditions

• Aesthetic and architectural requirements

• Budgetary and logistical limitations

• Manufacturer reliability and industry reputation

While we aim to recommend and apply the best possible solution for each project, final selection and use of any product remain the sole responsibility of the Customer. Recommendations do not constitute a guarantee of performance.

1. 30-Day Return Policy for Electrical Equipment and Software Systems

• Customer may return any electrical equipment or software systems within thirty (30) calendar days of the purchase date or installation date, whichever is earlier.

• Returned items must be in original condition, with all accessories, manuals, and packaging intact.

• Return shipping is the responsibility of the Customer unless otherwise agreed in writing.

• Refunds or replacements are issued at the sole discretion of Seller upon inspection of the returned items.

2. Void of Support Due to Unauthorized Modifications

• All technical support or warranty assistance provided by Seller is void if the Customer or a third party:

  • Alters or modifies the software or operating system;

  • Opens, dismantles, or modifies the physical components of any computer, hardware system, or internal fixture.

• In such cases, Seller shall be under no obligation to provide further support, and assumes no liability for any resulting damage or operational issues.

3. Condition of Goods – New and Reconditioned Equipment

• Customer understands that computer hardware and software sold may be reconditioned, unless specifically stated as new.

• All reconditioned products are serviced by independent, certified professionals, and are not reconditioned by or affiliated with Lightwerk Labs.

• Seller makes no representations regarding the previous use or lifecycle of reconditioned goods.

4. Manufacturer Warranties

• All electronic components, lighting fixtures, and related Equipment are subject only to the original manufacturer’s warranty, if one is provided.

• Lightwerk Labs does not offer any express, implied, or extended warranties on any product.

• Seller may assist the Customer in working with the manufacturer in the event of failure, but assumes no liability for warranty fulfillment, resolution delays, or losses resulting from product failure.

5. Limitation of Liability & Indemnification

• Customer agrees to assume full responsibility and liability for the use, installation, and application of any Equipment purchased.

• Seller, including its owners, employees, subcontractors, and agents, shall not be liable for any direct, indirect, incidental, consequential, or punitive damages, including but not limited to:

  • Personal injury

  • Property damage

  • Loss of data or business

  • Downtime or lost profits

• Customer agrees to indemnify, defend, and hold harmless Seller and its affiliates against all claims, damages, costs, or losses arising from Customer’s use or misuse of the Equipment.

6. No Legal Warranty or Representation

• Seller makes no legal representation or warranty regarding the fitness, compliance, or suitability of any product for a specific use, system, industry, or regulation.

• Customer assumes full responsibility for ensuring compliance with local codes, regulations, and performance requirements.

7. Governing Law and Jurisdiction

• This Agreement shall be governed by and enforced in accordance with the laws of the State of Arizona.

• Any disputes shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and both parties agree to submit to the jurisdiction of those courts.

8. Entire Agreement

• These Terms and Conditions constitute the entire agreement between Customer and Seller.

• No oral statements, external documents, or prior agreements shall be binding unless expressly included in this document.

• Modifications must be made in writing and signed by both parties.

9. Payment Terms and Nonpayment Protection

• Unless otherwise stated, all invoices are due upon receipt, or per the terms specified (e.g., Net 15, Net 30).

• Nonpayment, delayed payment, or partial payment is considered a breach of contract and may result in the following actions taken by Lightwerk Labs if they so chooses to enforce within the constraints of the laws of the state of Arizona:

  • Suspension of ongoing work or support

  • Hold on future orders or shipments

  • Late fees of 1.5% per month (18% annually) or the maximum allowed under Arizona law

• Customer is responsible for all collection costs, including reasonable attorney's fees, court costs, and third-party collection fees.

• Title and ownership of all Equipment remain with Seller until full payment is received.

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Custom Fabrication Warranty, Installation, and Liability Disclaimer

All custom fabrications provided by [Your Company Name] are backed by a one (1) year limited warranty covering quality craftsmanship, in accordance with applicable Arizona state law. This warranty covers defects in materials and workmanship under normal use and conditions for a period of one year from the date of delivery.

Please note:

• Lighting, fixtures, controls, and other electronic components are not covered under this craftsmanship warranty. These items are warrantied solely by the original manufacturer, and all claims must be made directly with the manufacturer in accordance with their warranty terms.

• At our sole discretion, we will repair or replace any defective custom-fabricated item to a "like new" condition, provided the defect falls within the scope of this warranty.

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Installation Requirements

If installation services are requested or offered, [Your Company Name] reserves the right to require a site assessment by a licensed professional engineer, certified tradesperson, or other qualified third party. Based on their findings and recommendations:

• We may or may not agree to perform the installation.

• Any installation we do perform will follow only after such professional assessment, and must be in accordance with the recommendations provided.

• We reserve the right to refuse installation if the conditions are deemed unsafe, non-compliant, or outside our scope of responsibility.

 

Limitation of Liability

[Your Company Name] shall be held harmless from any and all claims, liabilities, damages, or injuries resulting from the placement, installation errors, failure to follow recommendations, or misuse of our products. It is the responsibility of the purchaser or their designated installer to ensure that all installations are performed correctly, safely, and in accordance with applicable building codes and standards.

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By placing an order, accepting delivery, or by any verbal or written communication that reasonably indicates acceptance, the Customer acknowledges and agrees to be bound by these Terms and Conditions in full.