D3 LIGHTING INC.
TERMS & CONDITIONS
TERMS
All accounts are COD, unless stated otherwise. We accept e-transfer, cheque, Visa and Mastercard.
Net 30 available upon approved credit check.
PRICING
All prices noted on the price list are final. All pricing is in Canadian dollars.
Pricing is subject to change. Notification of price changes will be made by D3 LIGHTING INC. with a minimum of two weeks’ notice. The customer is responsible to pay all applicable taxes and freight charges.
D3 LIGHTING INC. reserves the right to make adjustments to products offerings for reasons including, but not limited to, changing market conditions, Product discontinuation, Product unavailability, manufacturer price changes, supplier price changes and errors in advertisements. D3 LIGHTING INC. cannot guarantee that it will be able to fulfill all orders. All orders are subject to Product availability.
FREIGHT POLICY
All freight charges will be additional to the material costs of the order. Taxes apply to freight. Shipping can be collect using the customer’s courier account, as long as D3 LIGHTING INC.has all required details to do so. Exceptionally large or heavy orders may be shipped with a special courier, selected by D3 LIGHTING INC., at its sole discretion.
D3 LIGHTING INC. is not responsible for any damages that occur while in transit via a third-party carrier. Customers must report any damage to their order within 48 hours of receiving the order.
BACKORDERS AND SHORT SHIPMENTS
All backorders will remain open until materials until the order is filled unless notified otherwise. Backorders are subject to additional freight costs unless the customer requests to ‘ship complete.’
Customers must report any orders that have a short shipment of materials within 48 hours of receiving the order.
In the event of a backorder or the discontinuation of a Product, D3 LIGHTING INC. will discuss options for substitution or cancellation with the Customer.
RETURN POLICY
All return items – warranty or project overage – are to be approved by D3 LIGHTING INC., at its sole discretion, prior to being sent back. A return good authorization or RGA is to be acquired by phone or email before shipping and upon D3 Lighting Inc.’s receipt of proof of purchase which indicates that Product has been purchased within the calendar year. All return packages need to be clearly marked on all sides with the RGA number.
A restock fee of up to 25% is applicable on returns products with the exception of warranty items. Special order items cannot be returned.
Returns must be greater than $25.00 or be subject to a 25% surcharge.
Customer is responsible for the cost of freight for returned items.
WARRANTY
All warranty returns are subject to material replacement only. Proof of purchase is required for all warranties. D3 LIGHTING INC. will adhere to Dauer Manufacturing’s warranty policy. See below:
Dauer Manufacturing products are warranted against defects in material and workmanship. Brass & Copper Landscape Fixtures designed for drop-in lamps warranty period is lifetime with the exception of gaskets, lenses, sockets, and wire. Aluminum & Composite Fixtures warranty period is 5-years. For Integrated LED Fixtures the warranty is 10-years from date of purchase for all products except Submersible Fixtures (2-Years). Dauer LED lamps are warranted for 5-years from date of purchase. Dauer LED lamps installed in inground fixtures must be installed with proper drainage or the warranty is void. Brass and Copper products are also not warranted against natural oxidation and corrosion which happens with any natural metal over time.
The Dauer Manufacturing Silhouette series of bollards carry a 5-year warranty including the powder coated finish and the lamp. The Artemix series of decorative lamps also carry a 5-year warranty which includes all parts & components.
Dauer Manufacturing Stainless Steel Professional Grade Transformers also carry a lifetime warranty, with the exclusion of circuit breakers, photocell & timer receptacles. Aluminum powder coat and hardwire transformers carry a 5-year warranty with the same component exclusions. Transformer warranty is void if there is any alteration to the product such as cut power cords or removal or alteration of timer or photocell receptacles.
For returns an RMA must be obtained from a customer care representative. Products must be returned at the customers expense at our sole discretion. If the merchandise is indeed deemed to be defective, the factory will replace any defective merchandise. Products are not warranted if they are improperly used according to operating specifications (incorrect voltage, temperature, environment, etc), or against acts of God such as lightning strikes, voltage surges, flooding, or earthquakes, nor does it cover merchandise damaged by vandalism. Any modifications made to any product immediately voids the factory warranty.
Any LED product warranty is valid for lamp or fixture operation only, and does not cover normal degradation in light output performance. Please contact your Dauer Manufacturing representative for any further questions regarding warranty claims, or to obtain operating specifications for any particular products.
The above warranty policy is for products manufactured and sold under the Dauer product label. Any third-party manufacturers products are subject to the manufacturer’s warranty policy. If these products were not purchased through Dauer or FUSA the claim will have to made with the original manufacturer of the product.
DESIGN DISCLAIMER
Landscape lighting design concepts allow for up to two revisions of the original design. The drawing is a concept only – the contractor is to verify quantities, measurements, exact fixture locations, connections, power supply and any other construction details. Landscape lighting designs are subject to a fee based on time required for design, site visits quantities & durations and any other support requirements to the contractor.
NO LIABILITY
D3 LIGHTING INC. will not be responsible for and no liability will result to D3 LIGHTING INC. for any delays in delivery or in performance which result from any circumstance beyond D3 LIGHTING INC.’s reasonable control, including, but not limited to, product unavailability, carrier delays, delays due to fire, severe weather conditions, failure of power, labor problems, acts of war, terrorism, embargo, acts of God or acts or laws of any government or agency.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, WILL SELLER, ITS AFFILIATES OR ITS OR THEIR SUPPLIERS, BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS , EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, IN EACH CASE, 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 CUSTOMER BY ANY THIRD PARTY; (C) ANY LOSS OR CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER’S IMPLEMENTATION OF ANY CONCLUSIONS OR RECOMMENDATIONS BY SELLER OR ITS AFFILIATES BASED ON, RESULTING FROM, ARISING OUT OF OR OTHERWISE RELATED TO THE PRODUCTS OR DESIGN SERVICES; OR (D) ANY UNAVAILABILITY OF THE PRODUCT FOR USE OR ANY LOST OR DAMAGED PRODUCTS. IN THE EVENT OF ANY LIABILITY INCURRED BY SELLER OR ANY OF ITS AFFILIATES, THE ENTIRE LIABILITY OF SELLER AND ITS AFFILIATES FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM.
GOVERNING LAW
These terms and conditions and any sale of products will be governed by the laws of the Province of Ontario, without regard to its conflict of law principles that would require the application of the laws of another jurisdiction. The parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario.
Miscellaneous
These Terms and Conditions will be binding on and inure to the benefit of the parties hereto and their successors and assigns. No provision of these Terms and Conditions will be deemed waived, amended or modified by D3 LIGHTING INC. unless such waiver, amendment or modification is in writing and signed by D3 LIGHTING INC. If any term or condition of these Terms and Conditions are found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or conditions. Notices provided under this Agreement will be given in writing and deemed received upon the earlier of actual receipt or three (3) days after mailing if mailed postage prepaid by regular mail or airmail or one (1) day after such notice is sent by courier or facsimile transmission. Any delay or failure by either party to exercise any right or remedy will not constitute a waiver of that party to thereafter enforce such rights.
HOURS OF OPERATION
Monday to Friday 7am to 5pm
Closed Saturday and Sunday