Quotation 

This Quotation is an offer by Fotons Lighting Inc.(“Seller”) to you (“Customer”) to supply the products (“Products”) described in the Quotation of which these Terms and Conditions form a part, on the terms and conditions set out below. This Quotation may be withdrawn at any time before it is accepted by Customer. This Quotation is open for acceptance by Customer only within 30 days of the date hereof. This Quotation does not apply to subsequent orders from Customer for the same Product.

Prices 

All prices quoted are in Canadian Dollars for Canadian customers and in US Dollar for US customers unless stated otherwise in this Quotation. Prices are subject to change without notice. In the event of a price increase all orders on hand will be filled at lower prices provided such orders are released from shipping prior to the price increase. If the orders are not released for shipment prior to the price increase, the orders will be billed at prices in effect at the time of the shipment.

Taxes 

The prices quoted, unless stated otherwise in this Quotation, do not include taxes, duties or any other charges of any kind levied by any governmental or regulatory authority on the prices or any part of them, including taxes, duties and other charges are to the account of and shall be paid by Customer.

Payment Terms

 Unless specified otherwise in this Quotation, Customer shall pay 100% of the total price stated in this Quotation, plus 100% of all applicable taxes, duties and other charges required to be paid by Customer hereunder, to Seller as payment terms agreed. Customer shall pay Seller interest monthly, calculated from the due date for each payment at the rate of 1.5% per month (18% per year) on all amounts which are outstanding after payment is due, until the date of actual payment, whether before or after judgment. Customer shall pay all costs and expenses of Seller incurred in collecting payment of any overdue amount or interest from Customer, including actual legal fees paid or payable by Seller.

Should it be necessary for Seller to begin formal collection proceedings to collect any past due amounts for a customer, Seller will be entitled to recover its attorney’s fees and other costs associated with the proceeding.

Acceptance

Upon delivery of the Product to the first of Customer, Customer’s agent, or a common carrier for shipment to Customer, the Customer is deemed to have accepted the Product.

Shipping

Seller shall deliver the Product within a reasonable time (as determined by Seller) after Customer’s communication of acceptance of this Quotation to a common carrier for delivery to Customer. All Product is at the risk of Customer upon delivery of the Product to Customer, its agent, or a carrier for shipment to Customer, whichever delivery first occurs. All shipping and insurance charges and taxes and duties are for Customer’s account unless otherwise specified in this Quotation. Seller may deliver the Product in instalments. Unless specified otherwise in this Quotation, Customer shall arrange all loading, shipping, and insurance at its own expense. Seller is not liable for any delays in delivery, non-delivery or damage or breakage during delivery after Seller has delivered the Product to the first of Customer, Customer’s agent, or a common carrier.

Damaged in Transit

Products may be damaged during the transit process. We will do everything we can to bring the issue to a satisfying and timely conclusion.

For damaged packages arriving via UPS, FedEx, USPS, or DHL, please fill out the online Request Form. It takes 3-7 business days to file a claim on your behalf and work quickly to resolve the matter. For large, damaged products arriving via pallet or private trucking, detailed inspection of the delivery is the responsibility of the customer.

Customers who sign for a delivery and do not notate "damage," assume responsibility if the merchandise is damaged. If the products appear significantly damaged, you must refuse delivery. Please also notify us of refusal so we can track and anticipate the return. This helps us expedite the replacement process.

Force Majeure

Seller shall not be liable for any delay in delivery or failure to comply with the obligations of the quotation due to acceptance of prior orders, strike, lockout, riot, war, fire, acts of God, accident, delays caused by supplier or by Customer, technical difficulties, failure or breakdown of machinery or components necessary for order completion, inability to obtain or substantial rises in the price of labor or materials or manufacturing facilities, curtailment of or failure to obtain sufficient electrical or other energy supplies, or compliance with any law, regulation, order or direction, whether valid or invalid, of any governmental authority or instrumentality thereof, or due to any circumstances or any causes beyond its reasonable control, whether similar or dissimilar to the foregoing and whether or not foreseen. As used herein, “perform” shall include, without limitation, fabrication, shipment, delivery, assembly, installation, testing and warranty repair and replacement, as applicable.

Warranty And Liability

The customer agrees that the provisions of the Warranty forming part of this Quotation contain the entire agreement of the parties with respect to warranties of and liability for the Products. Refer the warranty policy.

Export Compliance

Seller shall not be obligated under these Terms and Conditions to export, transfer or deliver any products or related technical information to Customer if prohibited by applicable law or until all necessary governmental authorizations have been obtained. Seller shall not be liable under these Terms and Conditions for any expenses or damages resulting from failure to obtain or delays in obtaining any required government authorizations. Customer shall comply fully with all export administration and control laws and regulations of the U.S. government and/or other national or international laws and regulations as may be applicable to the export, re-export, resale, or other disposition of any products purchased from Seller.

Return of Merchandise

Merchandise may not be returned without prior written notice. Requests to return merchandise must be made within 14 days of receipt of goods. All returns must be shipped prepaid to Seller. Credit will be issued based on the original invoice price, or price in effect at time of return, whichever is lower, less minimum restocking charge of 25%. All non-stocking, special, custom made, or modified versions of normal stocking items are not returnable.

1. All claims and returns must be requested by filling the online form and should include:

• Product ID and/or description
• Invoice number/Purchase Order Number
• Reason for return

2. Once a return is approved and processed, the product(s) must be returned within 30 days.
3. All returns must be accompanied by a Return Material Authorization (RMA) form provided and previously approved by Seller and must be shipped prepaid to Seller. All RMAs will be processed within two weeks of receipt.
4. Only products and quantities listed on the RMA document will be accepted for return. If returned items do not match the final and approved RMA document, the Seller reserves the right to return goods to the customer at the customer’s expense.
5. All stock returns for credit must be in their original packaging, unmarked and in resalable condition. Items that are sold in inner pack quantities (Pack of 2, 4, 6, etc.) must be returned in inner pack quantities.

Change to Orders

Customer may modify, add, or delete the quantities, types, or specifications of any Product to be supplied pursuant to this Quotation. No such change is effective unless a written change order is issued by Seller. If a change order results in an increase in price or time required for supply of any part of the Product to be supplied pursuant to this Quotation, then Seller may adjust the price, anticipated delivery date or both and such adjustments are binding upon Customer. All change orders issued by Seller are subject to all the terms and conditions of this Quotation as if the change order formed part of this Quotation.

Termination of Quotation 

A party may terminate this Quotation in part as to Product specified by the terminating party, or in full, at any time by written notice to the other party provided the following.

• Orders for stocking items may be cancelled prior to shipping without charge.
• All other orders may not be cancelled unless Seller is reimbursed for work already performed and for special material purchased by our company.
• If an order is cancelled after shipment or if delivery is refused at destination, all warehouse, delivery, and return costs will be charged to the customer.