TERMS & CONDITIONS
PRO LIGHT CLUB TERMS AND CONDITIONS
Note: By placing an order with Pro Light Club you agree to our Policies, Terms, & Conditions.
The following terms and conditions constitute a binding agreement between you and LLW Enterprise, LLC and are referred to herein as either ‘terms and conditions’ or ‘this agreement’ for purposes of this agreement LLW shall be referred to as seller. Please read the terms and conditions of this agreement carefully before accepting below. Buyer’s purchase of the products is expressly conditioned on acceptance of the following terms and conditions. Buyer accepts the following terms and conditions by making a purchase from, or placing an order with, seller for products or shopping on any seller website. The following terms and conditions shall apply to all purchases and orders, whether made via email, verbal (by telephone) or by written orders sent by buyer to seller, notwithstanding any conflict with the terms and conditions of any order or other instrument provided by buyer to seller; such terms and conditions of buyer are hereby rejected by seller and shall not be incorporated into this agreement. The following terms and conditions are subject to change without prior notice, except that the terms and conditions posted hereon at the time buyer makes a purchase or places an order will govern unless otherwise agreed in writing by seller and buyer.
Installation of Products
Buyer expressly acknowledges and agrees that if it is necessary to perform any work on any line voltage for use of Seller's Products, Buyer will have a qualified, licensed electrician perform the line voltage work. Any installation of the Products by someone other than a qualified, licensed electrician shall be performed by Buyer at Buyer's own risk and liability. Seller will not be held responsible for or accept or assume any liability in connection with any line voltage work for use of the Products, the electrical installation or modification of any of its Products, or injuries or damages incurred in connection with the foregoing. The installation of the Products must be in compliance with all local, state, and federal laws, rules, codes, and regulations. Buyer shall be solely responsible for compliance with such laws. Any improper installation and/or modification of the Products can cause serious harm possibly resulting in death or personal injury. Buyer should consult with a qualified, licensed electrician who adheres to and accepts all responsibility for electrical installations in compliance with all applicable local, state, and federal laws, rules, codes, and regulations. SELLER SHALL NOT BE RESPONSIBLE FOR ANY INJURY OR DEATH ARISING FROM THE USE OR INSTALLATION OF SELLERS PRODUCTS. The information on Seller's website regarding installation of the Products is for demonstration/education purposes only and is not intended for use by anyone other than a qualified, licensed electrician. Without limiting the foregoing, Seller does not represent or warrant that the information available through this website is accurate, complete, reliable, useful, timely or current. Seller disclaims any liability as to the accuracy or completeness of such information. Seller assumes no risk or responsibility for Buyer's use of any of the content provided on this website. Under no circumstances shall Seller be liable for any direct or indirect losses or damages arising out of or in connection with the use of the information on this website.
Warranty
Fixtures
All Aluminum and Composite fixtures are warranted to be free from defects in workmanship and materials, as manufactured for a period of two (2) years. Aluminum products are not meant for use in caustic environments (Coastal or Inter-Coastal). Installation or use of aluminum products in caustic environments will void the warranty.
All Brass fixtures have a five(5) years warranty. Brass products are designed to age and tarnish over time. Changes in the brass finish are natural and occur at varying rates depending on the climate, environment and the natural elements. Pro Light Club does not warrant that the product will not change in finish, and we cannot warrant that all the product will tarnish, patina, or age evenly or in the same manner as other products of the same material – we simply do not have any control over mother nature and the elements.
LED’s
LED Lamps carry various warranties. Each category of lamps has the warranty period listed on the specification sheet in number of years. Rated hours are provided as a guide and not as an offer of warranty. Fluctuation in the electrical grid, Miss-use or acts of Good such as lightning strikes are not covered by our warranty.
LED Lamp warranty overview (subject to change):
- Lamps whose part number begins with “PLV” or “PLVS” have a 2 year warranty.
- Lamps whose part number begins with “PLXC” have a 5 year warranty.
- Integrated LED fixtures have a 10 year warranty.
Limitations and Conditions
- Warranty does not apply to any Products that have been subjected to misuse, mishandling, misapplication, neglect (including but not limited to improper maintenance), accident, vandalism, improper installation, improper packaging of Products returned to Seller, modification (including but not limited to use of unauthorized parts or attachments), or adjustment or repair by someone other than Seller.
- Warranty does not cover damage due to power surges, power spikes, or the application of voltages outside the acceptable range of voltages as defined in product specifications. Also not covered, is the application of DC (direct current) power when AC (alternating current) power is required (or vice versa), and the use of non-approved electronic transformers and dimmers.
- Warranty does not cover ‘Acts of God’ such as lightning, floods, hail, tornado, fire, earthquake, hurricanes, and other extreme weather events.
- Warranty does not cover water damage to Products (not specifically sold as Underwater Products) that have been submerged in water, mounted in an incorrect orientation, improperly assembled, or been subject to excessive contact with water spray from irrigation nozzles or drainage flows.
- Transformers must be installed according to provided instructions – evidence of improper mounting or wiring voids the warranty. Transformer housings, when mounted on oceanfront properties must be protected from direct contact with salt spray.
- It is normal for natural brass and copper finishes to patina, oxidize, and change colors. It is also normal of other types of finishes such as powder coatings to discolor or blister when exposed to sunlight, irrigation systems, reclaimed water, sea water, acid rain, and other sources of aggressive agents. These coatings may also be affected by physical factors resulting in damage to the coatings. These changes are not covered by warranty. Warranty does not cover normal patina or discoloration of finishes on fixtures, including residue build ups from outside contaminents, as this is normal for natural metals and part of the authentic beauty of solid brass and copper in outdoor environments. Our solid brass and copper fixtures can be cleaned with metal cleaner for those customers who have hard water stains or do not like natural patina.
- These warranties extend only to the Product ownership by the original purchaser and are void when the original purchaser ceases to own the Product. These warranties are not transferable whether to heirs, subsequent owners, or otherwise.
- These warranties do not cover labor or other costs or expenses to remove or install any defective, repaired, or replaced Product.
- If a Product is covered under any of the foregoing warranties, such Product will be replaced or repaired, or, at the Seller's sole option, the purchase price will be refunded.
- The foregoing warranties are exclusive and in lieu of all other warranties. Seller makes no representations or warranties except as expressly set forth herein. Seller expressly disclaims all other representations and warranties, express or implied, including, but not limited to, any supplier or distributor of Seller that modifies or amends this limited warranty.
FOB
The goods are only shipped to you, we are only responsible for the goods until they leave our warehouse and your shipper picks them up. Any problems with delivery should be directed to your shipper. If we have a tracking number we will furnish it to you to assist you in communicating with your shipper.
Limitation of Liability
The foregoing limited warranty provides the buyer's sole and exclusive remedy relating to seller's products. Under no circumstances and notwithstanding the failure of essential purpose of any remedy set forth herein, seller shall not be liable for (A) any special, indirect, incidental, punitive or consequential damages, including, but not limited to, loss of profits, business revenues or savings, promotional and/or manufacturing expenses, overhead, injury to reputation and/or loss of customers, even if seller has been advised of the possibility of such damages or such damages are otherwise foreseeable, and regardless of whether a claim for any such liability is premised upon breach of contract, warranty, negligence, strict liability or other theory of liability; (B) any claims, demands, or actions against buyer by any third party; (C) any loss or claims, including claims for personal injuries or death, arising from the use or installation of seller's products; (D) any loss or claims arising out of or in connection with buyer's implementation of any advice, recommendations or instructions by seller based on, resulting from, arising out of or otherwise related to the products.
Returns
Products may be returned only with the prior written consent and authorization of Seller, which may be withheld by Seller for any reason. Buyer must call Seller's Customer Service Department to obtain a return authorization number. All returned Products MUST receive a return authorization number from Seller prior to return shipment. Returns of product must be received by Seller within 30 days of the product shipment date in order to avoid a restocking charge. Products may be returned only if unmarked, unopened, in the original sealed packages and in all respects, resalable. Seller reserves the right to reject any product returned more than 30 days after the invoice date. Buyer will be responsible for return freight. Buyer shall be responsible for any freight loss or damage during return.
Typographical Errors
In the event that any of Seller's Products are mistakenly listed at an incorrect price, Seller reserves the right to refuse or cancel any orders placed for Products listed at the incorrect price. Seller reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Seller shall issue a credit to your credit card account for the amount charged.
Complete Agreement
This Agreement records the final, complete, and exclusive expression of the understanding between the parties with respect to the matters addressed in it and supersedes any prior or contemporaneous agreement, representation, or understanding, oral or written, by either of them, including any written instruction manuals or other terms and conditions on Seller's website.
Term&Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.prolightclub.com.au without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
www.prolightclub.com.au.au may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.prolightclub.com.au.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of NSW, Australia, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.prolightclub.com.au products) shall be in the state or federal courts located in NSW. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.prolightclub.com.au products) must be commenced within one (1) year after the claim or cause of action arises. www.prolightclub.com.au's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. www.prolightclub.com.au may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.prolightclub.com.au or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
www.prolightclub.com.au does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.prolightclub.com.au is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.prolightclub.com.au reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.voltlighting.com in its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless www.prolightclub.com.au, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an attempt to provide increased value to our visitors, www.prolightclub.com.au may link to sites operated by third parties. However, even if the third party is affiliated with www.prolightclub.com.au, www.prolightclub.com.au has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.prolightclub.com.au. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.prolightclu.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the Australian and other copyright laws, and is the property of www.prolightclub.com.au. The collective work includes works that are licensed to www.prolightclub.com.au Copyright 2019, 2019 www.prolightclub.com.au, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.prolightclub.com.au or purchasing www.prolightclub.com.au products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.prolightclub.com.au or to purchase www.prolightclub.com.au products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.prolightclub.com.au. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of www.prolightclub.com.au used in the site are trademarks or registered trademarks of www.prolightclub.com.au.
Email Opt-In
prolightclub.com.au aka ‘seller’ primary method of communication with the buyer will be done electronically through email. Buyer opts-in to future communication from the seller regarding products purchased, changes in service, news of new products and important information that may affect the buyers future use of existing products and/or services. Email opt-out can be done at anytime via the unsubscribe link found in every automated email delivered by Pro Light Club or by calling customer service at 0410851227 or customersupport@prolightclub.com.au