Acceptance of Orders
No order placed with LEXICON shall be considered accepted until officially acknowledged in writing by LEXICON. The terms and conditions stated in LEXICON’s written order acknowledgement shall constitute the entire sales agreement between LEXICON and the purchaser, and any contrary or additional terms or conditions submitted by the purchaser shall be deemed to be of no effect unless specifically acknowledged in writing by LEXICON at the time of order acceptance. No custom, practice, or course of prior dealings between the parties and no usage of trade shall modify or otherwise affect the terms and conditions of LEXICON’s written order acknowledgement LEXICON reserves the right to select its own customers and to reject any order. All orders and shipments are subject to the approval of LEXICON’s Credit Department.
FREIGHT IS PREPAID AND ALLOWED ON ALL SHIPMENTS OF PRODUCTS FOR ORDERS OVER $500.00 TO ALL POINTS IN THE CONTINENTAL UNITED STATES. Freight charges are the responsibility of the purchaser. LEXICON reserves the right to use its discretion in routing all shipments; however, special instructions will be followed if the purchaser will assume any additional transportation charges. Cartage or accessorial charges and detention or demurrage charges are not allowed.
All goods are shipped F.O.B. shipping point at the purchaser’s risk. LEXICON’s responsibility for safe delivery ceases when the goods have been turned over to the transportation company. All claims for damage or shortage in transit are to be handled by the purchaser. Shipments should be inspected by the purchaser immediately upon receipt for transportation loss or damage and any necessary claim entered promptly with the carrier.
LEXICON shall not be liable for any delay or default in delivering products where occasioned by any cause of any kind or extent beyond the control of LEXICON, including without limitation armed conflict or economic dislocation resulting there from embargoes; shortages of labor, raw materials, fuel, energy, production facilities or transportation; labor difficulties; civil disorders of any kind; action of civil or military authorities (including priorities and allocations); fires; floods; and accidents. No liability shall be sustained by LEXICON by reason of its not filling any order or portion thereof due to any of these or similar occurrences.
No charge will be made for domestic packing. Some products are shipped palletized for the purchaser’s convenience. Where it is impractical for the purchaser to handle heavy pallets, the purchaser should specify “No Pallet” on the order.
The purchaser shall pay when due all sales, use, gross receipts, excise and other taxes (together with interest and penalties if any, thereon) now or hereafter imposed by any governmental agency upon LEXICON, the purchaser, the products or the use thereof.
Proper Product Application
Products should be stored, installed, used and maintained in accordance with applicable LEXICON instructions and specifications. Copies of instructions and specifications can be obtained from: LEXICON Customer Service Department, 50679 Design Lane, Shelby Township, MI 48315. LEXICON is not responsible, under its limited warranty described below or otherwise, for any product modified or altered without prior written authorization from LEXICON.
This limited warranty is given by Lexicon to the original purchaser of the product, which is not transferable to any third party.LEXICON WARRANTS AGAINST DEFECTS IN MATERIAL OR WORKMANSHIP FOR A PERIOD OF FIVE (5) YEARS FROM THE DATE OF PURCHASE.
The limited warranty covers lumen maintenance and color shift as identified below:
FAILURE DUE TO LUMEN MAINTENANCE IS DEFINED AS LUMEN DEPRECIATION OF GREATER THAN 30% WITHIN 50,000 HOURS OF OPERATION. Lumen depreciation will be determined by measuring the lamp’s current lumen output and comparing it to the lamp’s initial lumen output as measured at the time of manufacture.
FAILURE DUE TO COLOR SHIFT IS DEFINED AS ANY LAMP THAT EXCEEDS THE CORRELATED COLOR TEMPERATURE (CCT) TOLERANCES LISTED BELOW:
If any of LEXICON’s products fail to meet the applicable warranty described above LEXICON shall correct the defect by shipping to the purchaser either (at LEXICON’s option) the necessary repaired or replacement parts F.O.B. LEXICON factory with freight allowed to destination within the Continental United States or Canada provided that the purchaser promptly gives LEXICON written notice of any product defect within thirty (30) days after discovery of the defect and, if requested by LEXICON, promptly arranges to make the product available to LEXICON for investigation and correction NO PRODUCTS MAY BE RETURNED UNTIL THE PURCHASER HAS CONTACTED LEXICON AND RECEIVED A RETURN AUTHORIZATION. The warranty set forth in this section is VOID IF the products have not been properly stored, installed, used or maintained or if the purchaser fails to comply with any applicable recommendations of LEXICON. LEXICON shall not be responsible for any failure of its products which is a result of external causes; natural catastrophe; power surges or failure; improper power supply; fault or negligence of the purchaser or user; improper or unauthorized use, installation, handling, storage, alteration or service; or any cause other than a defect in the material or workmanship of the product itself. THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OFALL OTHER WARRANTIES. EXCEPT AS SPECIFICALLY SET FORTH ABOVE, LEXICON MAKES NO REPRESENTATIONS OR WARRANTIES, AND EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, RELATING DIRECTLY OR INDIRECTLY TO ANY PRODUCTS MANUFACTURED OR SOLD BY LEXICON, WHETHER ORAL, WRITTEN, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY MAY BE MODIFIED OR AMENDED ONLY BY A WRITTEN INSTRUMENT SIGNED BY A DULY AUTHORIZED REPRESENTATIVE OF LEXICON. WITHOUT AN EXPRESS, WRITTEN AUTHORIZATION FROM LEXICON, NO DISTRIBUTOR OR SUPPLIER OF LEXICON PRODUCTS HAS THE AUTHORITY TO MODIFY OR AMEND THIS LIMITED WARRANTY.
Limited Warranty To Another Country
Under the LEXICON GLOBAL LIMITED WARRANTY program, products may be purchased in one country/region and transferred to another country/region, where LEXICON or its authorized providers offer warranty service for the same product model number without voiding the warranty. Warranty terms, service availability, and service response times may vary from country to country or region to region. Standard warranty service response time is subject to change due to local availability. When the product has been transferred to another country it will be entitled to the same warranty as if the product had been purchased in the country to which it has been transferred.
LEXICON is not responsible for any tariffs or duties that may be incurred in transferring the products. Transfer of the products may be covered by export controls issued by the United States or other governments.
Limitation of Liability
The foregoing limited warranty provides the purchaser’s sole and exclusive remedy relating to LEXICON’s products. The total liability of LEXICON on any and all claims of any kind, whether in contract, warranty, tort (including negligence), strict liability or otherwise, arising out of or in connection with, or resulting from, LEXICON performance or breach of the foregoing limited warranty or from LEXICON’s sale, delivery resale, repair, or replacement or use of any products or the furnishing of any services, shall in no event exceed the purchase price allocable to the specific product which gives rise to the claim, and any and all such liability shall terminate upon the expiration of the limited warranty specified above. If LEXICON furnishes advice or other assistance which concerns any product, or any system or equipment in which any product may be installed, the furnishing of such advice or assistance shall not subject LEXICON to any liability, whether in contract, warranty, tort (including negligence), or otherwise. IN NO EVENT SHALL LEXICON BE LIABLE FOR ANY INDIRECT SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, INCLUDING WITHOUT LIMITATION LABOR CHARGES, LOSS OF TIME, PROFITS OR REVENUES, LACK OR LOSS OF PRODUCTIVITY, INTEREST CHARGES OR COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, SYSTEMS SERVICES OR PRODUCTS COST OF PURCHASED OR REPLACEMENT POWER, DOWNTIME COSTS, DAMAGE TO OR LOSS OF USE OF PRODUCTS OR ANY RELATED EQUIPMENT, SYSTEM OR FACILITY, OR ANY PROPERTY TO WHICH ANY PRODUCT IS AFFIXED, OR ANY INCONVENIENCE ARISING OUT OF ANY BREACH OF THE FOREGOING LIMITED WARRANTY OR OBLIGATIONS UNDER SUCH LIMITED WARRANTY LEXICON reserves the right to change or improve the design of any of its products without assuming any obligation to modify any product previously manufactured.
Requests to return materials must be made within four (4) weeks from date of shipment. No products will be accepted for return unless in original packages and accompanied by “return authorization number” which can be obtained only from LEXICON’s Customer Service Department.
Shipments must be made F.O.B. LEXICON’s factory as specified on LEXICON’s return authorization form. For products accepted for return, a credit will be issued at the prices prevailing at the time of shipment or at the time of return, whichever is lower, from which will be deducted are freight charges previously allowed, and a minimum service charge of 40% of the invoice price to cover part of the cost of handling, unpacking, repacking and placing the products in salable condition. The actual service charge will be determined from the condition of the units as received at LEXICON’s factory. Such charge is payable by the purchaser on demand. Products specifically modified to customer requirements are non-cancelable after release and are nonreturnable. Products returned for errors in shipments will be accepted at full credit and without service charge. Transportation must be prepaid on all returned merchandise.
If the purchaser, after acceptance of an order by LEXICON, desires to cancel the order, and LEXICON accepts such cancellation in writing, the cancellation charge shall be 10% of the total price of the order, or, if greater, the actual costs incurred by LEXICON with respect to the order as of the time of cancellation. Such charges are payable by the purchaser on demand.
Construction of Agreements
These terms and conditions and all agreements between LEXICON and the purchaser shall be governed by and construed in accordance with the laws of Michigan. The prices and data in this schedule are for the convenience of users and every effort is made to avoid error, but LEXICON cannot be held responsible for any errors or omissions.