Last updated: 1/24/2011
The following shall govern all orders for Products by Purchaser and sales of Products by Creative Stage Lighting Co., Inc., 149 Route 28N North Creek NY, USA to Purchaser. Creative Stage Lighting Co., Inc. shall also be referred to herein as CSL. The terms herein may be updated by Creative Stage Lighting Co., Inc. from time to time. Ordering Products from CSL constitutes acceptance of the terms set forth herein, as such terms may be updated. Any different, conflicting or additional terms in any purchase order or other writing from Purchaser or in any order acknowledgment or other writing from CSL shall be of no force or effect unless acknowledged and executed by an officer of CSL.
Purchaser shall forward all purchase orders to CSL at its North Creek, New York office. This includes but is not limited to purchase orders received electronically. No order shall be final as to CSL until accepted by CSL. When purchaser submits order, CSL’s customer service will issue purchaser an order number, purchaser should refer to this number whenever contacting CSL for additional information. Orders that have been received at CSL's New York office shall be deemed accepted unless rejected by CSL in writing within ten (10) days of the date thereof. After acceptance of the Purchaser's order, it shall not be subject to cancellation. All sales are final. No product will be accepted for return and no credit will be allowed on any product returned unless CSL has granted prior written permission. All returns shall be subject to CSL's Products Return Policy, which includes provisions for authorization procedures, packaging, shipment and restocking charges, if applicable. The Products Return Policy is posted on CSL's Internet web site at www.creativestagelighting.com/terms
A minimum order charge of $10 will be applied to orders totaling under $100 in product.
CSL ships via Common Carrier, UPS, Federal Express, or purchasers specified method. Dates of all shipments are estimated and not guaranteed unless otherwise specified. All products will be tendered and shipped F.O.B. destination and may be so tendered in several lots. In the absence of specific instructions, CSL will select the carrier and ship freight prepaid and added to the price of the relevant Product. In cases where Purchaser, for any reason, requests deliveries of Products on a basis that is not in conformity with CSL's standard shipping procedures, Purchaser shall be responsible for all such costs associated with premium freight and any resulting overtime required in order to make deliveries in conformance with Purchaser's required delivery schedule. CSL will not be deemed to assume any liability in connection with any shipment because of the selection of a carrier or its failure to obtain insurance.
We accept VISA, MASTER CARD, DISCOVER, AMERICAN EXPRESS, Prepay, or COD until a line of credit is established. As a result of cash discounts, pricing may be slightly higher on charge card transactions. Any credits issued to charge cards not necessitated by CSL will be subject to a 4% service charge.
Unless otherwise stated in CSL's invoice or agreed to by the parties, terms of payment for orders shipped to destinations in the U.S. will be net thirty (30) days from date of invoice. All payments by Purchaser shall be made in United States Dollars and shall be paid fully net, without set-off, deduction or counterclaim. Payment is considered as being made on the day a check is received, or on the date of an electronic funds transfer. An interest penalty will automatically be paid to CSL if payment is not made by the due date and if the following conditions are met:
CSL warrants that each Product will be free from any defects in materials and workmanship which cause the Product to fail to operate in accordance with the performance specifications set forth in the documentation accompanying the Product or on CSL’s website at www.creativestagelighting.com (the "Specifications"). The foregoing warranty shall be valid for a period of two years from date of Purchaser's purchase (the invoice date) from CSL. If a Product fails to operate in accordance with this warranty CSL will provide free replacement of the failed Product subject to the limited warranty terms and conditions set forth below.
CSL's warranty is valid only for purchaser and is non-transferrable. If any Product covered by this warranty is returned by Purchaser in accordance with CSL's Products Return Policy, within the warranty period, and upon examination CSL determines to its satisfaction that such Product failed to satisfy this warranty, CSL will, at its option, repair or replace the Product or the defective part thereof, or reimburse Purchaser for the purchase price. For purposes of clarity, "repair or replace the Product or the defective part thereof" does not include any removal or reinstallation costs or expenses, including without limitation labor costs or expenses. If CSL chooses to replace the Product and is not able to do so because it has been discontinued or is not available, CSL may replace it with a comparable product. This limited warranty only applies when the product has been properly wired and installed and operated within the electrical values, operating range and environmental conditions provided in the Specifications. This warranty does not apply to damage or failure to perform arising as a result of any Acts of God or from any abuse, misuse, abnormal use or use in violation of any applicable standard, code or instructions for use including those contained in the latest National Electrical Code, the Standards for Safety of Underwriters Laboratory, Inc., the standards for Safety of ETL Laboratories, or any other NRTL, the Standards for the American National Standards Institute or, in Canada, the Canadian Standards Association, etc. This Warranty shall become void in the event any repairs or alterations not duly authorized by CSL in writing are made to the Product by any person.
With respect to products sold to the Purchaser by CSL but not bearing the CSL's name or sub-brand name, CSL MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, but will make available to the Purchaser upon request but only to the extent permitted by law and relevant contracts, the warranties of the vendor of the relevant product.
THE WARRANTIES GIVEN IN THESE TERMS ARE THE ONLY WARRANTIES GIVEN BY CSL WITH RESPECT TO THE PRODUCTS AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH WARRANTIES ARE HEREBY DISCLAIMED. PURCHASER'S EXCLUSIVE REMEDY, AND CSL'S SOLE LIABILITY, FOR ANY NONCONFORMITY OR DEFECT IN ANY PRODUCT SHALL BE ONLY THOSE EXPLICITLY SET FORTH HEREIN. No agent, employee or representative of CSL has any authority to bind CSL to any affirmation, representation or warranty concerning goods sold by CSL and unless an affirmation, representation or warranty is specifically included herein or in CSL's sales acknowledgement, it does not form a part of the basis of any bargain between CSL and Purchaser and shall not be enforceable by Purchaser.
Creative Stage Lighting strives to provide the best quality products and service to meet the high standards our customers deserve. To obtain approval to return product to Creative Stage Lighting, customers need to contact the Creative Stage Lighting Customer Service staff at 1-518-251-3302 Monday through Friday between the hours of 8:30am and 5:00pm Eastern Standard Time (EST) or email Customer Service at sales@creativestagelighting.com If a return is approved, the following will be provided.
NO PRODUCT RETURNS WILL BE ACCEPTED BY CREATIVE STAGE LIGHTING IF NOT ACCOMPANIED BY A VALID RMA NUMBER. Product without a RMA number will either be refused or returned to customer at customer's expense. Creative Stage Lighting is not liable for loss or damage to unauthorized product returns.
Creative Stage Lighting will replace defective or dead on arrival (DOA) product with like product. CSL will not provide credit on Defective/DOA product - unless no suitable repair or replacement is available. Creative Stage Lighting will cover shipping charges incurred by customer up to the amount of a standard UPS Ground charge for the return of Defective/DOA product and for the shipment of replacement product. For purposes of clarity, Creative Stage Lighting will not reimburse or pay for labor or other costs associated with removal of the product, even if it is ultimately deemed to be defective or DOA. Returned products will be tested upon arrival at the Creative Stage Lighting Returns Center. Any product that is determined to be non-defective will be returned to customer, at customer's expense, and a testing fee of a minimum of 10% of the product value will be assessed.
Returns authorized by Creative Stage Lighting for reasons other than Defective/DOA will be subject to a restocking fee and customer will pay all transportation costs associated with the return, including taxes, customs and duties, if applicable.
Product returned in original condition will be assessed a 15% restocking fee. If product is found to be damaged, missing manuals or parts, or original CSL's carton is damaged or missing, a minimum 25% restocking fee will be charged.
Product will not be approved for return or credit under the following conditions:
By choosing to request a RMA from Creative Stage Lighting, it is implied that customer agrees to the terms of the Return Policy as stated above.
Count and inspect all packages carefully before signing the driver's receipts. Any claim for visible damage, shortage, and concealed damage should be filed immediately with the carrier. If a shortage in the contents of a package should be suspected, please contact CSL immediately. No claims will be allowed after three working days from the receipt of a shipment. CSL will assist you in making a claim with the carrier in the event of a loss or damage.
An essential purpose of the limited exclusive liabilities and remedies in this Agreement is allocation of risks between CSL and Purchaser, which allocation of risks is reflected in the purchase price for the Products. UNDER NO CIRCUMSTANCES SHALL CSL'S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR CSL'S PERFORMANCE OR ASSERTED FAILURE TO PERFORM HEREUNDER, IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE PURCHASE PRICE OF THE PRODUCT TO WHICH SUCH LIABILITY RELATES. IN NO EVENT SHALL CSL BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, BUSINESS OR GOODWILL, WHETHER OR NOT CSL HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
Any person using equipment sold by Creative Stage Lighting is personally responsible for obtaining expert instruction in its use, for learning the proper techniques involved, assumes all risks, and accepts complete responsibility for any and all damages and injuries of any kind.
Creativestagelighting.com, CSLstore.com, and related price lists do not provide instruction, and is no substitute for personal instruction by qualified persons well versed in all appropriate safety techniques. All information in these materials, pertaining to the equipment or its use, is provided solely to assist the customer in making purchasing decisions.
CSL continually engages in research related to product improvement. New materials, production methods, and design refinements are introduced into existing products without notice as an expression of that philosophy. For this reason any current CSL product may differ in some respect from its published description, but will always equal or exceed the original design specifications unless otherwise stated.
Purchaser shall indemnify, defend and hold harmless CSL and its officers, directors, agents, employees, affiliates, representatives, successors, and assigns from and against all losses, liabilities, costs and expenses (including, without limitation, attorneys' fees) arising out of or in connection with claims by third parties for any loss, damage or injury (including death) caused or alleged to be caused by (a) breach by Purchaser or its employees, partners to whom Purchaser sold Product, contractors, representatives, agents or affiliates, (collectively, "Purchaser Parties") of any obligation herein; (b) negligent use, application, installation or implementation of Product by any of the Purchaser Parties; and/or (c) unless authorized in writing by CSL, modification of Product or integration of Product into other products by any of the Purchaser Parties. Purchaser shall not join, settle or otherwise attempt to affect or dispose of any such claim without CSL's written consent.