Terms and Conditions

/Terms and Conditions
Terms and Conditions2018-06-15T02:50:20+00:00

Prices and Quotations:
The prices shown in Dado lighting’s price sheet or any order acknowledgement are prices prevailing at the present time. Dado lighting reserves the right to change such prices at any future date. Prices issued by a written quotation are firm for 30 days from date of quotation. All prices are subject to additional federal, city, and state taxes, if applicable, unless appropriate exemption certificate is on file at Dado lighting.

Ordering Procedure:
All orders must be in writing to avoid duplication and /or error. Telephone or verbal orders are not accepted. All purchase orders can be emailed or faxed to: cs@dadolighting.com fax 1.877.323.6584.

The acceptance of the Buyer’s purchase order is contingent upon written acknowledgement from Dado Lighting in the form of a printed acknowledgement. The acceptance of Buyer’s order is conditional upon Buyer’s agreement to the terms and conditions stated herein and in Dado lighting’s printed acknowledgement. Dado Lighting agrees to furnish the merchandise covered by its price list only upon such terms and conditions.

Any additional provisions in a Purchase Order, including any pre-printed terms, shall be void and not binding upon Dado Lighting; unless expressly accepted by Dado Lighting. For greater certainty, the acceptance by Dado Lighting of a Purchase Order shall not be deemed acceptance of the additional terms of such purchase order.

Shop Drawings
Shop drawings will not be initiated until after receipt of signed purchase order & deposit. Contractor must supply all applicable updated construction plans and documents before shop drawings can commence. Shop drawings are executed on a first come first serve basis and turn-around time will vary on complexity of project and current order volume. Shop drawings will include unit identification and suggested connection details, in accordance with standard industry practices. Shop drawings must be reviewed and approved by purchaser prior to scheduling fabrication. Any product made with approved shop drawing which does not fit field conditions or owner’s intent is not the responsibility of Dado Lighting. The purchaser will provide field dimensions, if necessary. Installer or purchaser will be responsible for any cutting required in an effort to satisfy field modifications or conditions not noted on plans.

Additions:
Additions to orders already received and entered into production will be considered new orders.

Changes:
Changes to orders released for production will be considered at the exclusive prerogative of Dado Lighting, and if accepted, will be subject to additional charges.

Cancellations:
Cancellation of any order after shop drawings have been requested will result in a 25% cancellation charge; and cancellation after order has been released will result in a 50% cancellation charge.

Terms of Payment:
Payment in full must accompany any order under $10,000.

Purchaser may make payment via all major credit cards by requesting that Dado Lighting provide a PayPal Invoice, or via wire transfer. All PayPal Invoices are subject to a 3% credit card fee.  Instructions for paying via PayPal Invoice or wire transfer may be requested by emailing cs@dadolighting.com.

For orders over $10,000, at the discretion of Dado Lighting, will allow customers pay a 50% deposit upon placement of order; with the balance is due prior to shipment.

Variations; Errors:
Products will be shipped as specified in Dado Lighting catalogs or if made to order, in accordance with Dado Lighting shop drawings. In the event of a conflict between a customer’s written order and a Dado Lighting drawing or specification sheet marked approved, the approved drawing or specification sheet shall prevail.

Every effort is made to avoid errors in catalogs, price sheets, specification sheets and other data. Dado Lighting will not accept responsibility for labor charge backs in connection with errors of measurements, prices, descriptions, etc.

Orders containing such phrases as “all material to be supplied per plans and specifications, etc.,” are subject to separate written acceptance by Dado Lighting.

Packaging and Delivery:
Method of packaging is at Dado Lighting’s option. Export packaging may be charged as an extra. If Buyer requires additional packaging, handling, or delivery, such as union driver, designated delivery vehicle type or delivery time period; it shall be added as an additional charge to the price of the fixture.

Freight Allowance:
All Deliveries are made, F.O.B. factory.

Freight is prepaid by Dado Lighting on shipments of products over $10,000 distributor net price for shipment at one time for all points in the Continental United States. For shipments to Alaska and Hawaii, freight will be prepaid to the West Coast only, collect beyond. On Shipments less than $10,000, domestic freight will be prepaid and charged. Dado Lighting will use its discretion in routing all shipments. Any shipment made in accordance with Buyer’s instructions incurring additional labor or carrier costs, shall be paid by Buyer as invoices are rendered. If lift gate, designated delivery vehicle type, delivery time period or union driver is required, additional charges will apply.

Shipping Dates:
Shipping dates given on order acknowledgement, Dado Lighting’s estimate of the probable shipment date. This is not a guaranteed shipping date. Dado Lighting shall not be responsible for any damage or loss resulting, whether directly or incidentally, from delayed shipments or its inability to ship. Goods cannot be returned or orders canceled for failure to meet estimated delivery dates.

Shipment of merchandise is subject to any and all delays due to any conditions beyond Dado Lighting ‘s control, including but not exclusive of acts of God, wars, riots, strikes, fires, inability to obtain materials, governmental regulations or other conditions.

Dado Lighting reserves the right to make shipment in installments. All installments shall be separately invoiced and paid for when due, without regard to subsequent shipments. Delay in shipment of any installment will not mitigate Buyer of its obligation to accept remaining shipments.

Dado Lighting reserves the right to refuse to make direct shipments to destinations outside Buyer’s regular service area(s).

Storage:
If Buyer notifies Dado Lighting not to deliver merchandise after such merchandise has been produced by Dado Lighting in accordance with the terms of sale or Buyer’s prior instructions, then Buyer shall pay reasonable storage charges until such merchandise is delivered and accepted.

Limited Warranty:
Effective June 1, 2014 Dado Lighting warrants to purchaser that its products have been carefully manufactured and inspected to be free of defects of workmanship and materials when installed and used as intended. Any abuse or misuse contrary to normal operations shall void this warranty. Dado Lighting at its sole and non-reviewable discretion will (i) repair, or replace, FOB factory, freight prepaid any Dado Lighting product defective in workmanship or materials or (ii) refund the purchase price of the affected fixtures pro-rated over the warranty period. Such repair, replacement or refund is the exclusive remedy against Dado Lighting, and is limited to five years from the date of shipment for our 24v LED products and for two years for our 12v LED products. Repair or replacement does not extend the warranty period.
The purchaser must notify Dado Lighting of a warranty claim covered by this limited warranty within thirty (30) days of the date any alleged defect occurred, and such notice must be accompanied by the relevant proof of purchase, including purchase order or corresponding invoice. Any notices to Dado Lighting must be in writing and addressed to the Customer Service Department of Dado Lighting at the U.S. address listed on Dado Lighting’s web site, www.dadolighting.com or emailed to cs@dadolighting.com. Dado Lighting will not accept any charge-backs, nor will any labor or material costs be reimbursed without prior written approval from Dado Lighting.

Drivers are covered by separate manufacturers’ warranties. Dado Lighting does not make any warranties as to drivers and will accept no responsibility or liability therefore. This warranty does not apply to products that have been modified, improperly installed or used in conditions other than which they are intended. No person, agent or distributor is authorized to give any other warranty on behalf of Dado Lighting.

Other than as explicitly set forth herein, there are no warranties, express or implied, that apply to this sale, including, without limitation, any warranty of merchantability or of fitness for a particular purpose. To the extent that any implied warranties may nonetheless exist by operation of law, any such warranties are limited to the duration of this warranty. In the event of any inconsistency between the terms of this limited warranty and any applicable state law, the state law shall govern.

The warranty provided shall apply exclusively on the condition that the products are used in accordance with the given product and application specifications (data sheets) and that they have been installed and placed in service in a proper workmanlike manner (strictly according to the installation instructions enclosed with the product if installation instructions are provided and, if no installation instructions are provided, in accordance with guidelines as specified by Dado Lighting, which guidelines will be provided upon request, and within all applicable guidelines and requirements of any applicable state, local or other building and electrical codes applicable to the installation of lighting fixtures and related lighting products); provided temperature and voltage limits are not exceeded and the product has not been exposed to any mechanical stresses and strains outside the normal, intended purpose. The warranty exclusively covers product failures that were caused by proven defects in material, design or production as well as failure rates exceeding the nominal, acceptable failure rate. In case of electronic control gear and/or components such as LEDs, the nominal failure rate is 0.2%/1000 burning hours, unless the nominal service life and nominal failure rate of a gear or of a component are defined otherwise in the product and application specifications (data sheet).

THIS WARRANTY IS VOID IF THE DAMAGE TO THE DADO LIGHTING PRODUCT (i) WAS CAUSED BY LIGHTNING OR OTHER ACTS OF GOD OUTSIDE OF DADO LIGHTING’S CONTROL; (ii) RESULTS FROM ANY VOLTAGE EMANATING FROM OUTSIDE OF THE FIXTURE OR DADO LIGHTING PRODUCT IN EXCESS OF THE RATED VOLTAGE or (iii) THE PROPER ESD (electrostatic discharge) PROCEDURES ARE NOT FOLLOWED PRIOR TO HANDLING THE LED BOARD.

Dado Lighting shall have the sole and non-reviewable discretion to determine if a product does, in fact, contain a defect in accordance with the limited warranty. Any and all repair, replacement products or replacement parts may contain new or recycled materials, which are equivalent to new products or parts in respect of performance and reliability. The dimensions and the design of the replacement product may deviate to a minor (justifiable) extent from those of the original product. “Recycled materials” are parts of products that have been used or overhauled and are not new. Although such parts or products are not new, they are in a “like new” condition as regards performance and reliability after having been overhauled or repaired. The functionality of any and all replacement products or replacement parts is equivalent to that of the product or part to be replaced. Dado Lighting warrants the replacement products or replacement parts will not have any defects in material or manufacturing defects for the remaining duration of the applicable warranty period and such replacement products and parts will carry a minimum 90-day warranty.

This warranty does not apply to any ancillary costs incurred in connection with remedying the defects (such as, for instance, the costs of installation and dismantling, transport of the defective and of the repaired and/or new product to or from Dado Lighting; disposal, mileage, travel time, hoisting engines, scaffolding, lost income, business interruption etc.). All such ancillary costs, without limitation, shall be borne by the purchaser making the warranty claim.

This warranty shall expire immediately if the purchaser or a third party makes any changes to or performs any repair work on the products without Dado Lighting’s prior written consent or if the product is installed inappropriately or by non-qualified staff. Dado Lighting does not assume any liability in excess of this limited warranty as expressly stated herein. This limited warranty runs in favor only of the actual purchaser of the product from Dado Lighting and may not be assigned to any third party(s) without Dado Lighting’s advance, written approval. Adequate records of operating history, maintenance, and/or testing must be kept by the purchaser and provided to Dado Lighting upon request.

Additional information concerning LED products: LED products, by their nature, are very sensitive to heat. Installation and operation must be within the product guidelines and, if no installation instructions are provided, in a good and workmanlike manner by competent installers. LED products must be installed in applications where ambient temperatures are within the range of specified operating temperatures and are operated within the electrical values shown on the LED driver. Any questions about installation should be directed to Dado Lighting prior to any installation. The LED arrays in the Product(s) will be considered defective in material or workmanship only if a total of 15% or more of the individual light emitting diodes in the Product(s) fail to illuminate. Additionally, a reduction in luminous flux is normal as long as the relevant value does not fall below 0.6%/1000h burning hours. A luminous flux within that range is considered normal and not a defect. Due to technical progress and changes in the luminous flux of products that is caused by their use, subsequent deliveries of LED light sources may have light properties deviating from those of the original products. Dado Lighting warrants that the initial LED Correlated Color Temperature (CCT) at the time of shipment will be within described parameters as stated in the Dado Lighting product specification sheet. If the product specification sheet specifies a certain Correlated Color Temperature only and not parameters, Dado Lighting warrants that the CCT will be within 10% of that CCT, or within the range specified on the specification sheet at the time of shipment. Dado Lighting further warrants that the initial luminous flux will be within 10% of the range specified in the specification sheet at the time of shipping. Dado Lighting will not be responsible for any color shift in LED modules installed in Dado Lighting fixtures. Color changes or shifts in LED lighting are a natural consequence of LED lighting and shall not be considered a defect covered by this limited warranty.

LIMITATION OF LIABILITY:
Repair, replacement or pro-rated refund of the purchase price of the product is purchaser’s exclusive remedy. Dado Lighting shall not be liable for any special, incidental or consequential damages, including, but not limited to, lost revenues, lost profits, loss of use of software, loss or recovery of data, rental of replacement equipment, downtime, damages to property, and third-party claims, arising out of any theory of recovery, including warranty, contract, statutory or tort. Notwithstanding the term of any limited warranty or any warranty implied by law, or in the event that any limited warranty fails of its essential purpose, in no event will Dado Lighting’s entire liability exceed the purchase price of this product. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to a particular sale.

This limited warranty shall be governed by Illinois law.

IF THERE IS ANY INCONSISTENCY BETWEEN (I) THE TERMS OF THIS LIMITED WARRANTY AND DADO LIGHTING’S GENERAL TERMS AND CONDITIONS AND (II) ANY TERMS AND CONDITIONS CONTAINED WITHIN ANY DOCUMENT GENERATED BY THE PURCHASER, THE TERMS OF DADO LIGHTING’S LIMITED WARRANTY AND ITS GENERAL TERMS AND CONDITIONS SHALL PREVAIL AND SHALL BE THE DETERMINATIVE DOCUMENTS.

The warranty in effect as of the date of acceptance of any order by Dado Lighting will apply to that sale. Dado Lighting, however, reserves the right to change the terms of its limited warranty at any time and any such change(s), once posted on this site, shall apply to any orders accepted by Dado Lighting at the time such change are in effect.

Claims and Adjustments:
All product is shipped at purchasers risk, and responsibility for any product damage incurred during shipment is transferred to the transportation company upon pick up and the title passes to Buyer upon delivery by Dado Lighting to carrier. Claims for shortages, losses, and apparent or concealed damages sustained in transit shall be made by Buyer with the carrier.

All other Claims for will be waived unless made in writing to Dado Lighting and within 30 days after receipt of merchandise. Dado Lighting’s sole responsibility and obligation in the event of defective merchandise shall be limited to the repair or replacement of the merchandise, at Dado Lighting’s option, at its own cost and expense, and Dado Lighting shall not be responsible for any other damage or loss which may be sustained or claimed.

Returned Goods:
Requests to return non-made to order, non-defective merchandise must be made within 90 days from date of shipment and is subject to a minimum 50% restocking charge.

All returned goods must be accompanied by a Returned Material Authorization (R.M.A.) issued by Dado Lighting. Only regular items in the current line are returnable. Made-to-order, or discontinued products are not subject to return. Merchandise must be returned in the original factory sealed cartons in saleable condition. Returns must be made freight prepaid within 45 days of the date of Dado Lighting’s issuance of the R.M.A. All merchandise returned is subject to inspection. Damaged merchandise will be credited at salvage value or less costs of repairs.

Product Specifications:
Dado lighting, LLC reserves the right without prior notification to change details of design, materials and finish in any way that will not alter installed appearance, function or performance of a product.

All rights reserved. Certain products are protected under U.S. Patent 8109659, & other patents pending. Dado Lighting will aggressively defend all of its intellectual property and reserves the right to change details of design, materials and finishes without notice.

All rights reserved. Certain products are protected under U.S. Patent 8109659, & other patents pending. Dado Lighting will aggressively defend all of its intellectual property and reserves the right to change details of design, materials and finishes without notice.