Ordering Products from Almani Lighting L.L.C. constitutes acceptance of the terms set forth herein, as such terms may have been updated through the date of such order. Any different, or additional terms in any purchase order, blanket instructions or other writing from purchaser shall be deemed a material alteration hereof and are hereby expressly objected to and rejected and shall be of no force or effect.
Commencement of performance or shipment shall not be construed as acceptance of any of purchaser's terms and conditions which are different from or in addition to those contained in the Agreement. Course of performance or usage of trade shall not be applied to modify these Terms and Conditions.
Order and Confirmation
All orders must be placed in writing and delivered directly to Almani Lighting L.L.C. from the entity that will be liable for the payment of the order. Verbal orders or orders through a third party will not be accepted.
No order is final as to Almani Lighting L.L.C. until accepted by Almani Lighting L.L.C. by written acknowledgement. All orders that are accepted by Almani Lighting L.L.C. are subject to these Terms and Conditions. After acceptance, requests to change orders must be submitted in writing to Almani Lighting L.L.C. and are subject to 25% cancellation fees of total order value.
Acceptance of any order is subject to availability of product and the ability of Almani Lighting L.L.C. to deliver.
Additions to orders are allowed provided the original order has not yet been released to manufacturing.
If the order confirmation differs from the order, Almani Lighting L.L.C. shall only be bound if it has agreed to such deviation in writing. Acceptance of goods or services or payment does not constitute such agreement.
Stock Product - Buyer may cancel orders with written Stock Product notice to Almani Lighting L.L.C. subject to the following conditions and with Almani Lighting L.L.C. written consent. If an order for stocked product is stopped after picking prior to shipment buyer shall pay any costs associated with this order.
Non-Stock Product - Cancellation of non-stock product may be made only if no work has been performed and no material purchased. If work has been performed any costs incurred will be charged to the customer, which may include a cancellation charge up to the price of the product.
Almani Lighting L.L.C. will use reasonable efforts to meet shipment or delivery dates specified by Almani Lighting L.L.C., but such dates are estimates only.
Almani Lighting L.L.C. will not be liable for any delay or non-delivery in shipping for any reason but not limited to delay or non-delivery caused directly or indirectly by Acts of God, fire, flood, strike or lockout or other labor dispute, accident, civil commotion, riot, war, governmental regulation or order, whether or not it later proves to be invalid, or from any other cause or beyond Almani Lighting L.L.C. control.
All prices represent those in effect at the time of quotation and are subject to change without notice.
All quotations on special products or modifications to catalog items are binding only if confirmed in writing by Almani Lighting L.L.C. for the period shown on the quotation.
Pricing will be firm and assured for a period of thirty days from date of quotation from Almani Lighting L.L.C.
Any increase or reduction in the price as a result of changes affecting the execution of the works must be notified to Almani Lighting L.L.C. immediately and is subject to Almani Lighting L.L.C. written approval prior to the shipment of the goods or the provision of the service.
Sales Materials & Specifications
Any catalog, specification or price sheet or other similar documentation prepared by Almani Lighting L.L.C. is strictly for the convenience of the user and shall not be deemed as an offer to sell.
Almani Lighting L.L.C. believes such documentation is complete and accurate at time of printing, but does not warrant that such documentation is error free.
Products will be shipped in accordance with the standard styles and sizes as described in Almani Lighting L.L.C. catalogs or, for special or made-to-order Products, in accordance with Almani Lighting L.L.C. drawings and specifications sheets.
In the event of a conflict between a customer’s written order and a Almani Lighting L.L.C. drawing or specification sheet marked “approved” or the like, the Almani Lighting L.L.C. drawing or specification sheet shall prevail. Almani Lighting L.L.C. reserves the right to change details of design, materials and finish at any time without written notice.
Terms of Payment
The terms of payment are subject to review of purchaser's credit by Almani Lighting L.L.C. Almani Lighting L.L.C. shall have the right, at any time and from time to time, to require cash payments in advance or a letter of credit or other assurance of payment satisfactory to Almani Lighting L.L.C. as a condition to acceptance of any order or shipment of any Product.
Unless otherwise agreed to by Almani Lighting L.L.C., payment shall be by check to be drawn on purchaser's corporate account, by wire transfer to Almani Lighting L.L.C. account at a commercial bank designated by Almani Lighting L.L.C., or by Almani Lighting L.L.C. draw upon a letter of credit satisfactory in form and substance to Almani Lighting L.L.C.
Unless otherwise agreed separately, the payment term is 50% advance upon order confirmation and 50% balance before delivery.
Almani Lighting L.L.C. shall not be bound to make any payment or otherwise fulfill the obligations under the accepted order, as applicable, in the event of a conflict with national or international foreign trade law regulations, embargos or other sanctions.
Taxes and Governmental Charges
Prices do not include any taxes or other governmental fees, charges or assessments, including, without limitation, value-added, sales, use or privileges taxes, required governmental withholdings or excise or similar taxes levied by any government, now or hereafter enacted.
In Almani Lighting L.L.C. discretion, any such taxes, charges or withholdings may be added to the price for any Products or may be billed separately. purchaser will pay all such taxes and charges, on or before their due dates.
In the event Almani Lighting L.L.C. is required at any time to pay any such tax or charge, purchaser will reimburse Manufacturer promptly on demand.
Packaging & Handling
Products will be packaged as Almani Lighting L.L.C. deems appropriate for protection of goods against damage due to normal handling.
Unless specifically agreed to in writing, Almani Lighting L.L.C. will not be responsible for the payment of any penalties or special handling charges relating to Almani Lighting L.L.C. failure to comply with a customer’s special requirement for order processing, handling, packaging, shipping or invoicing.
Shipment, Delivery & Title
Almani Lighting L.L.C. will select the carrier and routing and ship Products freight prepaid and added to the price of the Products. Almani Lighting L.L.C. may, in its discretion, choose to make partial shipments and shall bill each shipment as it is made, but on terms applicable to the complete order.
Meeting the delivery date requires that the goods were received at the reception point by the agreed delivery date.
Delivery dates of all shipments are estimated and are not guaranteed. The shipment date mentioned on Almani Lighting L.L.C. quote or order acknowledgement, if any, is Almani Lighting L.L.C. approximation of a shipment date, and is not a fixed or guaranteed shipment date.
Almani Lighting L.L.C. assumes no liability in connection with any delay in delivery.
Deliveries exceeding the contracted quantity or advance deliveries require Almani Lighting L.L.C. prior approval. Any additional costs incurred shall be borne by the contractor.
Any claims for shortages, losses, damages or other discrepancies sustained in transit shall be made by purchaser with the carrier and must be documented on delivery note. Otherwise, the delivery was accepted by the purchaser and no further claims will be accepted. Upon request, Almani Lighting L.L.C. will provide evidence of delivery of Products to the carrier, but reserves the right to charge a reasonable fee for all proof of delivery requests.
Warranty does not apply to damage or failure to perform arising as a result of any Acts of God and/or other Force Majeure events or from any abuse,
misuse, abnormal use or use in violation of any applicable standard,
code or instructions for use including without limitation those contained in the latest safety,
industry and/ or electrical standards for the relevant region(s).
In the event and to the extent not defined in the Terms and Conditions,
Force Majeure means and includes any circumstances or occurrences beyond the reasonable control of Almani Lighting - whether
or not foreseeable at the time of the agreement - as a result of which Almani Lighting cannot reasonably
be required to execute its obligations including force majeure or non-performance by suppliers or subcontractors
of Almani Lighting. Warranty shall be void in the event any repairs or alterations, not duly authorized by
Almani Lighting in writing, are made to the Product by any person.
The manufacturing date of the product has to be clearly readable on the product label.
Almani Lighting reserves the right to make the final decision on the validity of any warrantee claim.
If requested by Almani Lighting, the non-conforming or defective Products shall become Almani’ property as soon
as they have been replaced.
The warranty period for material defects and workmanship is 5 years from original purchase from
Almani Lighting L.L.C./GmbH or an authorized reseller. The warranty period is based on a burning behaviour of
max. 4,200 hrs/year and standard working conditions. Lifetime specifications, e.g. 50.000 hours,
are averaged estimates only and no conclusion for the overall item lifetime can be guaranteed unless
all influential factors like e.g. environmental temperature are taken into account as well. For outdoor luminaires,
the warranty is valid with a maximum ambient temperature of +35°C. The warranty period is no longer valid
when/if the driver settings of the product have been changed by non-Almani Lighting authorized staff/partners
and/or making use of non-Almani Lighting authorized tools. The warranty is only applicable when the
product is properly handled, installed and maintained according to our instructions written in the mounting
instructions of the product, and taking into account the specific tolerances on flux and system power,
as mentioned in the product documentation available on our websites. With regards to the output of the
light source (defined, agreed and programmed by the time of purchase), a claim is only approved valid when
the useful life of the luminaire population is below LxxB10 during the warranty period of the luminaire,
where ‘xx’ shall be the value stated in the most recent version of the product datasheet at the time of purchase,
or as advised separately in writing directly by Almani Lighting GmbH.
For luminaires installed within 5km from the sea side,
corrosion of luminaires (painted areas) is included in the warranty only if luminaires are treated with
MSP (Marine Salt Painting). For any warranty claim, adequate records of operating history are kept and
available for inspection by Almani Lighting. An Almani Lighting representative will have access to the defective Products.
If the Products or other parts become suspect, the representative shall have the right to invite other manufacturers’
representatives to evaluate the lighting systems. Labour costs for (de)-installation of the
Products are not covered under any Almani Lighting warranty.
The warranty will be void in the event the product is:
Operated on generator
Subjected to neglect, accidental breakage or misuse, including but not limited to, failing to operate Product in accordance with Almani Lighting L.L.C. specifications.
Almani Lighting L.L.C. reserves the right to examine all failed products and in its sole discretion to determine whether any Products are covered under the terms of this Limited Warranty.
Defects which result in a refusal of acceptance as well as all defects determined upon transfer of risks or during the warranty period have to be remedied by the contractor at its own costs or contractor has to provide a replacement delivery without defects, at Almani Lighting L.L.C. choice.
If the contractor does not remedy the defects or does not provide replacement delivery during an adequate period of time determined by Almani Lighting L.L.C., Almani Lighting L.L.C. is entitled to:
Partially or fully withdraw from the contract.
Request a price deduction.
Remedy the defect or effect replacement delivery itself, or have it remedied, and/or
Claim damages for a breach of contractual obligations.
Almani Lighting L.L.C. will replace or repair defective products within 30 working days upon our approved inspection of the returned products.
Almani Lighting L.L.C. will not be responsible for any costs or expenses caused by following conditions:
Product that has been modified by the user.
Product was not installed or maintained according to manual or specification accompanied.
Product was subject to unusual physical or electrical stress, misuse, or negligence.
Other damages caused after receipt of product by customer.
To obtain approval of product return to Almani Lighting L.L.C., the customer needs to follow Almani Lighting L.L.C. return procedures:
Detailed information has to be emailed to Almani Lighting L.L.C. It should include the “customer name and address”, “Invoice number”, “Defective products quantity and items”, “Test report of defective products or proof photos”.
Returned product will be inspected upon arrival at Almani Lighting L.L.C.
Almani Lighting L.L.C. requests 5 pieces of defective products for a detailed analysis.
Almani Lighting L.L.C. does not pay compensation for the defected products. Almani Lighting L.L.C. will only replace the defected products.
Returned products will be inspected upon arrival at Almani Lighting L.L.C. Once a product is determined to be defective, Almani Lighting L.L.C. will replace or repair the product within 30 working days.
Any return without authorization of Almani Lighting L.L.C. will not be accepted.
Merchandise is not returnable without the written authorization from Almani Lighting L.L.C. Almani Lighting L.L.C. is not obligated to consider requests to accept returned merchandise except for Almani Lighting L.L.C. shipped in error by Almani Lighting L.L.C.
If the return of goods is made necessary through any fault of Almani Lighting L.L.C. and permission is granted for its return, Almani Lighting L.L.C. will give full credit including all transportation charges if returned per transportation routing instructions of Almani Lighting L.L.C.
Bankruptcy If purchaser becomes insolvent, is unable to pay its debts when due, files for bankruptcy, is the subject of involuntary bankruptcy, has a receiver appointed, or has its assets assigned, Almani Lighting L.L.C. may cancel any unfulfilled obligations, or suspend performance; however, purchaser’s financial obligations to Almani Lighting L.L.C. shall remain in effect.
Severability If any provision of these Terms and Conditions are deemed to be illegal, unenforceable, or invalid, in whole or in part, the validity and enforceability of the remaining provisions shall not be affected or impaired, and shall continue in full force and effect.
Performance The failure of purchaser or of Almani Lighting L.L.C. at any time to require the performance of any obligation will not affect the right to require such performance at any time thereafter. Course of dealing, course of performance, course of conduct, prior dealings, usage of trade, community standards, industry standards, and customary standards and customary practice or interpretation in matters involving the sale, delivery, installation, use, or service of similar or dissimilar products or services shall not serve as references in interpreting these Terms and Conditions.
Buyer agrees that any and all confidential information furnished by Almani Lighting L.L.C. in connection with the sale of items will remain confidential. The Buyer agrees not to disclose any such information to any other person, or use such information for any purposes other than performance hereunder.