AMP® Lighting Terms & Conditions
BUYER/SELLER AGREEMENT (FOR AMP®PROFESSIONALS)
Note: By placing an order with AMP® Lighting you agree to our Policies, Terms, & Conditions.
The following terms and conditions constitute a binding agreement between you and AMP® Lighting and are referred to herein as either ‘terms and conditions’ or ‘this agreement’ for purposes of this agreement, AMP® Lighting shall be referred to as seller. Please read the terms and conditions of this agreement carefully before accepting below. Buyer’s purchase of the products is expressly conditioned on acceptance of the following terms and conditions. Buyer accepts the following terms and conditions by making a purchase from, or placing an order with, seller for products or shopping on any seller website. The following terms and conditions shall apply to all purchases and orders, whether made via email, verbal (by telephone) or by written orders sent by buyer to seller, notwithstanding any conflict with the terms and conditions of any order or other instrument provided by buyer to seller; such terms and conditions of buyer are hereby rejected by seller and shall not be incorporated into this agreement. The following terms and conditions are subject to change without prior notice, except that the terms and conditions posted hereon at the time buyer makes a purchase or places an order will govern unless otherwise agreed in writing by seller and buyer.
INSTALLATION OF PRODUCTS
Buyer expressly acknowledges and agrees that if it is necessary to perform any work on any line voltage for use of Seller’s Products, Buyer will have a qualified, licensed electrician perform the line voltage work. Any installation of the Products by someone other than a qualified, licensed electrician shall be performed by Buyer at Buyer’s own risk and liability. Seller will not be held responsible for or accept or assume any liability in connection with any line voltage work for use of the Products, the electrical installation or modification of any of its Products, or injuries or damages incurred in connection with the foregoing. The installation of the Products must be in compliance with all local, state, and federal laws, rules, codes, and regulations. Buyer shall be solely responsible for compliance with such laws. Any improper installation and/or modification of the Products can cause serious harm possibly resulting in death or personal injury. Buyer should consult with a qualified, licensed electrician who adheres to and accepts all responsibility for electrical installations in compliance with all applicable local, state, and federal laws, rules, codes, and regulations. SELLER SHALL NOT BE RESPONSIBLE FOR ANY INJURY OR DEATH ARISING FROM THE USE OR INSTALLATION OF SELLERS PRODUCTS. The information on Seller’s website regarding installation of the Products is for demonstration/education purposes only and is not intended for use by anyone other than a qualified, licensed electrician. Without limiting the foregoing, Seller does not represent or warrant that the information available through this website is accurate, complete, reliable, useful, timely or current. Seller disclaims any liability as to the accuracy or completeness of such information. Seller assumes no risk or responsibility for Buyer’s use of any of the content provided on this website. Under no circumstances shall Seller be liable for any direct or indirect losses or damages arising out of or in connection with the use of the information on this website.
LIMITED WARRANTY
The warranty guarantees that products will be free of defects in material and workmanship when the products are installed, operated, and maintained according to applicable codes and regulations, supplied instructions, and under conditions of ‘normal use’ – for the time periods defined below.
WARRANTY PERIODS*
* Warranty periods for “Residential” refer to all properties that are single- or multi-family dwellings of 3 stories or less. All other properties are “Commercial”.
All warranty periods are subject to the limitations and conditions described below.
Visit our “warranty” page for details.
LIMITATIONS AND CONDITIONS
- Warranty does not apply to any Products that have been subjected to misuse, mishandling, misapplication, neglect (including but not limited to improper maintenance), accident, vandalism, improper installation, improper packaging of Products returned to Seller, modification (including but not limited to use of unauthorized parts or attachments), or adjustment or repair by someone other than Seller.
- Warranty does not cover damage due to power surges, power spikes, or the application of voltages outside the acceptable range of voltages as defined in product specifications. Also not covered, is the application of DC (direct current) power when AC (alternating current) power is required (or vice versa), and the use of non-approved electronic transformers and dimmers.
- Warranty does not cover ‘Acts of God’ such as lightning, floods, hail, tornado, fire, earthquake, hurricanes, and other extreme weather events.
- Warranty does not cover water damage to Products (not specifically sold as Underwater Products) that have been submerged in water, mounted in an incorrect orientation, improperly assembled, or been subject to excessive contact with water spray from irrigation nozzles or drainage flows.
- Transformers must be installed according to provided instructions – evidence of improper mounting or wiring voids the warranty. Transformer housings, when mounted on oceanfront properties must be protected from direct contact with salt spray.
- It is normal for natural brass and copper finishes to patina, oxidize, and change colors. It is normal of other types of finishes such as powder coatings to discolor when exposed to the elements especially when exposed to sunlight, other forms of weathering, irrigation systems, reclaimed water, sea water, and other sources of contaminates. These changes are not covered by warranty.
- These warranties extend only to the Product ownership by the original purchaser and are void when the original purchaser ceases to own the Product. These warranties are not transferable whether to heirs, subsequent owners, or otherwise.
- These warranties do not cover labor or other costs or expenses to remove or install any defective, repaired, or replaced Product.
- If a Product is covered under any of the foregoing warranties, such Product will be replaced or repaired, or, at the Seller’s sole option, the purchase price will be refunded.
- The foregoing warranties are exclusive and in lieu of all other warranties. Seller makes no representations or warranties except as expressly set forth herein. Seller expressly disclaims all other representations and warranties, express or implied, including, but not limited to, any supplier or distributor of Seller that modifies or amends this limited warranty.
FILING A CLAIM
If the buyer suspects that a product is defective, then the following steps must be followed:
Visit our “warranty” page for details.
FOB
The sale takes place FOB AMP® Warehouse. The customer is purchasing goods at our location. You may pick them up at our warehouse in Lutz, FL, Henderson, NV, Harrisburg, PA, Dallas, TX or elect to have us forward your goods to you. If you want your goods shipped to you, we are only responsible for the goods until they leave our warehouse and your shipper picks them up. The customer is paying for the shipping and paying for us to ship the goods via your preferred shipper (we usually default to UPS). Any problems with delivery should be directed to your shipper. If we have a tracking number we will furnish it to you to assist you in communicating with your shipper.
LIMITATION OF LIABILITY
The foregoing limited warranty provides the buyer’s sole and exclusive remedy relating to seller’s products. Under no circumstances and notwithstanding the failure of essential purpose of any remedy set forth herein, seller shall not be liable for (A) any special, indirect, incidental, punitive or consequential damages, including, but not limited to, loss of profits, business revenues or savings, promotional and/or manufacturing expenses, overhead, injury to reputation and/or loss of customers, even if seller has been advised of the possibility of such damages or such damages are otherwise foreseeable, and regardless of 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 buyer by any third party; (C) any loss or claims, including claims for personal injuries or death, arising from the use or installation of seller’s products; (D) any loss or claims arising out of or in connection with buyer’s implementation of any advice, recommendations or instructions by seller based on, resulting from, arising out of or otherwise related to the products.
OTHER TERMS:
TYPOGRAPHICAL ERRORS
In the event that any of Seller's Products are mistakenly listed at an incorrect price, Seller reserves the right to refuse or cancel any orders placed for Products listed at the incorrect price. Seller reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Seller shall issue a credit to your credit card account for the amount charged.
GOVERNING LAW AND JURISDICTION
The validity, interpretation, construction, and enforcement of this Agreement are governed by the laws of the State of Florida, excluding the laws of that jurisdiction pertaining to the resolution of conflicts with other laws of other jurisdictions. Buyer consents to the personal jurisdiction of the state and federal courts having jurisdiction over Hillsborough County, Florida, consents and agrees that the proper, exclusive, and convenient venue for every legal proceeding arising out of this Agreement is Hillsborough County, Florida, and waives any defense, whether asserted by motion or pleading, that Hillsborough County, Florida is an improper or inconvenient venue.
COMPLETE AGREEMENT
This Agreement records the final, complete, and exclusive expression of the understanding between the parties with respect to the matters addressed in it and supersedes any prior or contemporaneous agreement, representation, or understanding, oral or written, by either of them, including any written instruction manuals or other terms and conditions on Seller's website.
TERM; TERMINATION
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by AMP® Lighting without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
NOTICE
AMP® Lighting may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to AMP® Lighting.
MISCELLANEOUS
Your use of this site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of AMP® Lighting products) shall be in the state or federal courts located in Hillsborough County, Florida. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of AMP® Lighting products) must be commenced within one (1) year after the claim or cause of action arises. AMP® Lighting\'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. AMP® Lighting may assign its rights and duties under this Agreement to any party at any time without notice to you.
USE OF SITE
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a AMP® Lighting or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
PARTICIPATION DISCLAIMER
AMP® Lighting does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, AMP® Lighting is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, AMP® Lighting reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to AMP® Lighting in its sole discretion.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless AMP® Lighting, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
THIRD-PARTY LINKS
In an attempt to provide increased value to our visitors, AMP® Lighting may link to sites operated by third parties. However, even if the third party is affiliated with AMP® Lighting, AMP® Lighting has no control over these linked sites, all of which have separate privacy and data collection practices, independent of AMP® Lighting. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, AMP® Lighting seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
COPYRIGHT
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of AMP® Lighting. The collective work includes works that are licensed to AMP® Lighting. Copyright 2003, 2014 AMP® Lighting, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with AMP® Lighting or purchasing AMP® Lighting products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with AMP® Lighting or to purchase AMP® Lighting products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by AMP® Lighting. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
TRADEMARKS
All trademarks, service marks and trade names of AMP® Lighting used in the site are trademarks or registered trademarks of AMP® Lighting including AMP®, AMP® One, AMP® One Technology™, ControlPro™, Design-Master™, MagnumPro™, ConicaPro™, SummitPro™, Deck-Design Pro™, Safe-Step Pro™, InsetPro™, and SubterraPro™. The above list may not be inclusive of all trademarked names used in this website.
EMAIL OPT-IN
AMP® Lighting, aka ‘seller’ primary method of communication with the buyer will be done electronically through email. Buyer opts-in to future communication from the seller regarding products purchased, changes in service, news of new products and important information that may affect the buyers future use of existing products and/or services. Email opt-out can be done at anytime via the unsubscribe link found in every automated email delivered by AMP® Lighting or by calling customer service at 813-978-3900.
AMP® LIGHTING REWARDS IMPLICIT PROGRAM CONDITIONS
The AMP® LIGHTING ProEdge Program applies only to products sold on www.AMPLIGHTING.com and that are listed as participating in the AMP® LIGHTING ProEdge Program ("Qualifying Products"); or the performance of an activity designated by AMP® LIGHTING ("Qualifying Activity").
Eligibility: In order to receive the benefits of the AMP® LIGHTING ProEdge Program You must be an existing AMP® LIGHTING account holder at www.AMPLIGHTING.com or You must visit www.AMPLIGHTING.com and create an AMP® LIGHTING account ("Membership").
Terms Of Use: The use and benefits of the AMP® LIGHTING ProEdge Program is subject to, and shall be governed by, these Terms of Use. AMP® LIGHTING may, at its sole and absolute discretion, change the AMP® LIGHTING ProEdge Program rules, regulations, benefits, conditions of participation, or Store Credit levels, in whole or in part, at any time without notice, even though changes may affect the value of the store credits already accumulated. It is your responsibility to be aware of any such changes. Continued use of your AMP® LIGHTING account shall be deemed acceptance of these Terms and Conditions and any modifications thereto. Store Credit will expire after 90 days.
Qualifying Purchases: You will receive a percentage of Store Credit based on the amount of subtotal spend of a Qualifying Product or the performance of a Qualifying Activity ("Rewards"). The amount of Store Credit you can earn on the purchase of a Qualifying Product or performance of a Qualifying Activity will be determined by AMP® LIGHTING. The Store Credit you can earn upon the purchase of a Qualifying Product will be displayed by the price for such Qualifying Product or, in some instances, through a promotion of such Qualifying Product(s). Store Credit you can earn each quarter will be decided by the amount of spend (by subtotal) for that quarter (Traditional Quarters. EX: Jan-March; April-June; July-Sep; Oct-Dec). AMP® LIGHTING has the right to make the final decision on whether a purchase or performance qualifies for Store Credit.
You must be logged into Your AMP® LIGHTING account on the www.AMPLIGHTING.com website, in order to earn Store Credit from purchasing Qualifying Products.
Store Credit may be redeemed on future purchases of AMP® LIGHTING products on AMPLIGHTING.com in the form of a reduced price on such future purchases (by applying Store Credit at checkout).
No Store Credit will be earned on Qualifying Product(s) purchased with Store Credit.
Cash Value: Tax, shipping & handling and any other charges other than the purchase price of the Qualifying Product are not eligible for ProEdge Tier Status/Spend. Shipping and handling charges apply to all products, including items purchased with your Store Credit.
Non-Transferable: Store Credits are not transferable and may not be combined with Store Credits from other AMP® LIGHTING ProEdge Program Members or conveyed by any means to anyone, including through a Member’s estate, and may not pass to Members’ successors and assigns. Accrued store credits do not constitute property of the Member. Accrued store credits are not transferable by the Member (i) upon death, (ii) as part of a domestic relations matter, or (iii) otherwise.
Returns: Any return of a Qualifying Product purchased with Store Credits will consider the value of the Store Credit redeemed for such product, which may result in a reduction of any amounts owed to You for such return. Any discount or price adjustment, including but not limited to an adjustment resulting from a price match inquiry, may result in the value of the Store Credit for this item being reduced by the amount of the price adjustment or eliminated entirely, at Our sole discretion.
Account Activity/Customer Support: You can view Your account activity online at www.AMPLIGHTING.com. For information about an individual account or any other AMP® LIGHTING Reward Program-related questions or information contact AMP® LIGHTING, Customer Support by mail at: 15486 N. Nebraska Ave. Lutz, FL 33549or by email at customersupport@AMPLIGHTING.COM.
To the extent provided by law, AMP® LIGHTING reserves the right to make ProEdge Rewards and promotional offers available to select AMP® LIGHTING account holders based on purchase activity, geographic location, AMP® LIGHTING ProEdge Program participation, or information supplied by You.
Privacy Policy: The information provided by You will be handled according to the AMP® LIGHTING Privacy Policy. If You are interested in learning more about AMP® LIGHTING privacy practices, please visit www.AMPLIGHTING.com and click on the Privacy Statement link in the bottom navigation bar. Right To Cancel Membership: You may cancel Your Membership at any time by notifying AMP® LIGHTING Customer Support by mail, email or telephone.
AMP® LIGHTING reserves the right to close your account at any time if there is no account activity for a period of two (2) years, which will result in the forfeiture of any and all accumulated Store Credits. For the purposes of these Terms and Conditions, "account activity" shall mean any purchases, downloading content, uploading content, or logging on. AMP® LIGHTING shall reasonably determine if an account is inactive at its sole and absolute discretion.
We may terminate the AMP® LIGHTING ProEdge Rewards Program and/or your Membership at any time at Our discretion. If We do so without cause, we will provide you with at least ninety (90) days to redeem any Rewards you have earned prior to any termination of your Membership or the AMP® LIGHTING Rewards Program.
Abuse of the AMP® LIGHTING ProEdge Rewards Program by failing to follow these Terms and Conditions, conducting any fraudulent or illegal activities, purchasing products with the intent to resell, "hacking", misrepresenting or falsifying any facts presented to AMP® LIGHTING, participating in any activity disparaging to or not in the best interest of AMP® LIGHTING or other AMP® LIGHTING account holders, or conducting any other improper conduct as determined by AMP® LIGHTING in its sole judgment, may result in immediate cancellation of your Membership and future disqualification from AMP® LIGHTING ProEdge Rewards Program or participation in other AMP® LIGHTING promotional programs, forfeiture of all Store Credits accrued, cancellation of previously issued but unused Store Credits, and termination of the business relationship with AMP® LIGHTING. In connection with the enforcement of any of the Terms and Conditions governing the AMP® LIGHTING Reward Program, AMP® LIGHTING reserves the right to take appropriate legal action, as it deems necessary, and to recover damages, attorneys’ fees and court costs.
Our failure to insist upon or enforce Your strict compliance with these Terms and Conditions will not constitute a waiver of any of Our rights.
Tax Responsibility: Taxes may apply where required by law. You shall be responsible for any taxes that you may incur for receiving and/or redeeming Store Credits.
All determinations by AMP® LIGHTING shall be final and conclusive in each case.