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The following are the terms and conditions upon which RBW Studio, LLC d/b/a Rich Brilliant Willing, 67 34th Street, #5, Brooklyn, New York 11232 (“RBW”) agrees to sell you, the “Customer” the lighting products (the “Products”). These terms and conditions constitute a legally binding contract between us unless we agree in writing to different terms. Payment of an RBW Quote, Pro Forma, Invoice, or online order constitutes your agreement to these terms and conditions.
RBW agrees to sell the Products to the Customer on the terms and conditions set forth below.
All Products purchased from stock must be paid for in full on the date of shipment from RBW to Customer by check or wire transfer. Customer agrees to pay a finance charge in the amount of 3% of the outstanding balance on any invoice not paid within 30 days. The Customer shall pay 50% of the purchase price as a deposit on any Products, with the balance due upon the Customer being notified that the Products are ready for shipping. Customer shall be responsible for all applicable sales and use taxes. Customer warrants that its use of any resale number it provides to RBW is valid. Customer will provide a valid tax i.d. number to RBW.
RBW will ship Products in accordance with instructions provided by Customer, using shipping companies and freight forwarders deemed reliable by RBW and based on, among other things, the destination, weight, and package dimensions. If Customer notifies RBW that Customer wishes to arrange for shipping and delivery, Customer may specify a preferred carrier and provide Customer’s account information for direct billing by carrier to Customer. In such event, Customer is fully responsible for tracking, damage claims, and insurance, and RBW shall have no liability whatsoever after the Product has been picked up by Customer’s carrier. Customer will pay RBW an additional 1% fee on all orders shipped by Customer itself. If, in the opinion of RBW, Products are suitable for shipping only by RBW-specified shipper (due to product dimensions, fragility, or other reasons), RBW may refuse to permit Customer to arrange for shipping. All fees for failed deliveries due to the fault of the Customer or the Product recipient are non-refundable. Unless otherwise expressly provided, delivery charges do not include charges for inside delivery, unpacking, placement, Residential address, Liftgate service or installation. Although RBW attempts to give reasonable estimates of anticipated delivery dates, actual delivery dates might be subject to circumstances beyond RBW’s control, including delays caused by governmental inspections, shipping, and events in the country of origin of the goods sold.
Custom order Products are being expressly made to meet the Customer’s unique specifications. Accordingly, all special order Products are sold as a final sale and no returns will be accepted. No cancellations or refunds on custom orders within 10 days of purchase order.
RBW warrants that the Products shall be free from defects in workmanship or materials. This warranty excludes drivers, which are covered by their manufacturers’ own warranties, and RBW makes no warranty with respect to, or accepts any responsibility related to, those components. For a period of two years following the date of delivery of each Product, RBW, at its sole cost and expense, shall repair or replace any Product which is defective in workmanship or materials without cost to the Customer, or, at RBW’s discretion, make a price adjustment to such Product. RBW reserves the right to determine the most appropriate manner to fulfill this warranty, in its sole discretion. RBW is not obligated to pay any charge back for labor or other costs incurred in the absence of RBW’s advance written approval. This warranty does not cover any damage caused by accident or misuse occurring after such Product is delivered including, without limitation, improper installation. Except as expressly herein stated, rbw shall not be liable for any damages, including but not limited to incidental, consequential, special or exemplary damages (even if rbw has been advised of the possibility of such damages, and notwithstanding the failure of essential purpose of any limited remedy), or for the breach of any warranty, express or implied, whether of merchantability or fitness for any purpose or otherwise, any implied warranties arising from a course of dealing or course of performance, or for any other obligation or liability on account of the products covered by this agreement. Except as expressly herein stated, rbw does not make, and hereby specifically disclaims, any representations or warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, any implied warranties arising from a course of dealing or course of performance. Customer will not purport to make any warranty on behalf of RBW that is more extensive than the warranty contained in this agreement.
Items marked “Final Sale” or “as is” are not returnable. Any Product warranties do not apply to Products sold “as is.”
If the Customer wishes to return any Products RBW must be notified with 10 days of receiving the item, it must first obtain prior authorization by requesting an RGA number by sending an email to firstname.lastname@example.org. After RBW issues an RGA number, the Customer must return the Products to RBW in their original packaging so as to be received by RBW within 14 calendar days after issuance of the RGA number. If RBW accepts a return, the Customer will receive a credit in the amount paid for the Product (not including delivery fees), less a 25% restocking fee. No returns will be accepted for Products that have been installed, custom orders, or for the “Delta IV”, “Delta VII” or "Palindrome, Cinema, Pilot or Any Statement Collection fixtures" Products. If Customer cancels any purchase of any stock Product prior to shipment, such cancellation shall not be subject to a restocking fee. Custom orders canceled by the Customer before the commencement of the manufacturing process are not subject to a cancellation fee. Custom orders canceled by the Customer after the commencement of the manufacturing process are subject to a cancellation fee in the amount of the deposit given by the Customer. Customer shall notify the Company of any defect in the Product or damage suffered during shipping within 10 days of delivery and shall retain all packaging. Customer shall take photographs of each side of the carton in which the Products were shipped, including the shipping label, and provide such evidence of damages within such 10 day period. If notice is not timely given, RBW reserves the right to reject any return of the Products.
Apparent Damage: Should visual inspection upon the receipt of a shipment show damage, shipment should NOT be accepted. Damage must be noted on the delivery receipt and signed by both you and the driver. Failure to do so will result in both RBW and the carrier refusing to honor your claim. Concealed Damage: When damage is not apparent until the product is unpacked, then a claim for concealed damages must be made immediately. Retain all packing materials and notify carrier that you wish an inspection report made.
All Products returned must be in the same condition as they were when delivered to the Customer or Product recipient. Customer is responsible for any loss or damage to Products during shipment until the Products are actually received by RBW.
RBW shall not be liable to the Customer or deemed to be in default for any delay or failure in performance resulting directly or indirectly from acts of God, civil or military authority, acts of the public enemy, terrorism, war, riots, civil disturbances, insurrections, accidents, fire, explosions, earthquakes, floods, the elements or any other cause beyond the reasonable control of RBW.
The parties consent to the jurisdiction of the United States District Court, Southern District of New York, or the Supreme Court of the State of New York, County of New York, with respect to any dispute concerning the interpretation or performance of this Agreement. In the event that RBW commences any action or proceeding in order to enforce the terms of this agreement, it shall be entitled to recover, in addition to any damages and other relief, its costs and attorneys’ fees expended to the extent that it prevails in such action or proceeding.
This Agreement may not be modified or amended except by an instrument in writing signed by the parties hereto. No omission or delay by either party in requiring due and punctual fulfillment by the other in its obligations hereunder shall be deemed to constitute a waiver. This Agreement represents the entire understanding of the parties. There are no representations, promises, warranties, covenants or undertakings other than those expressly set forth herein. If, for any reason, any provision of this Agreement is held invalid in whole or in part, such invalidity shall not affect any other provision of this Agreement not held so invalid, such other provision shall to the full extent consistent with law continue in full force and effect. This Agreement has been executed and delivered in the State of New York, and its validity, interpretation, performance and enforcement shall be governed by the laws of said State, without regard to principles of conflicts of law.
All notices which either party is required or may desire to give to the other party shall be given by overnight courier (next day delivery) or registered mail, addressed to such party at the address referred to above, or at such other place as the party may from time to time designate in writing. Five days after the date of mailing any such notice shall be deemed to be the date of delivery thereof, unless actual prior delivery occurs.