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Terms & Conditions

 

Terms & Conditions


  1. THE BEACON LIGHT & SUPPLY COMPANY (“Beacon”) provides lighting and electrical supply goods, merchandise or products (“Supplies”) and engineering start-up services and on-site storage services (“Services”). Beacon will only ship or deliver Supplies or provide Services subject to these Terms and Conditions .  These Terms and Conditions may be updated and modified from time to  time by Beacon as posted on this Site or in Beacon’s Purchase Order  Confirmation (“POC”) or Beacon’s Credit Application. By accepting Supplies or Services, you agree to these Terms and Conditions.
  2. PRICE QUOTES. Price quotations from Beacon are  valid for 30 days. Price quotations shall not contain Connecticut State  Sales Tax, unless expressly indicated otherwise in writing, and the tax  shall be added where applicable. Any quotations including sales tax are  subject to adjustment in the event that the tax rate shall be changed.  Freight charges will not be included in price quotations, unless  expressly indicated otherwise in writing, and shall be added when  applicable.
  3. BUYER’S OFFER. Any of the following constitute an  offer to Beacon for Supplies or Services: (i) a Purchase Order (ii) any  other form document issued to Beacon for purposes of purchasing,  ordering, or shipment of Beacon’s Supplies (iii) any other written  documents or communications that reasonably lead Beacon to believe that  an offer has been made for Supplies or Services (collectively “Offer”). Any Offer submitted by an individual or business entity to Beacon (“Buyer”) is fully subject to these Terms and Conditions.
  4. PURCHASE ORDER CONFIRMATION (“POC”). Any Offers in  excess of $10,000.00 must have a POC signed by Jennifer Halligan or Robert  Halligan. Additionally, Beacon’s acceptance of any Offer is expressly  limited to, and expressly made conditional on, Buyer’s acceptance of  Beacon’s Terms and Conditions.  A Buyer may accept Beacon Terms and Conditions by (i) acceptance of  Beacon’s POC; or (ii) acceptance of Beacon’s Services or delivery of  Supplies.
  5. EMERGENCY EVENTS. If there is an increase in the  actual costs associated with Beacon fulfilling a PO during a widespread  epidemic, pandemic, and/or public health emergency, and the increase is  in excess of 5% subsequent to Beacon accepting a PO or issuing PO  Confirmation, the price due by Buyer shall be increased without the need  for a written change order or amendment to the PO or Confirmation to  reflect the price increase and additional costs. As an additional  remedy, if the actual cost to Beacon of any PO increases more than 10%  subsequent to the issuance of a Confirmation or acceptance of a PO,  Beacon, at its sole discretion, may terminate the PO for convenience. As  a further remedy, Buyer waives any defense to non-payment or  performance due to force majeure or any other similar event such as  widespread epidemic, pandemic, and/or public health emergency.
  6. DIFFERING TERMS. Beacon expressly rejects any  additional or different terms proposed to Beacon or in any Offer. No  form or Offer sent to Beacon shall modify these Terms and Conditions,  nor shall any course of performance, continuing communications, course  of dealing, or usage of trade operate as a modification or waiver of  these Terms and Conditions or as acceptance of any general terms and  conditions by Buyer. Continuing course of communications, lapse of time,  course of dealings, due diligence or investigation by Beacon shall not  constitute any acceptance by Beacon of an Offer.
  7. SALES COMMUNICATIONS. There are no understandings  or agreements between Buyer and Beacon different from these Terms and  Conditions. No Agent or Salesman of Beacon has any authority to obligate  Beacon to any terms, pricing, specifications, guarantees, warranties,  stipulations or conditions not herein expressed. Beacon’s quotes or  communications from its sales department concerning prices or terms are  not authorized offers from Beacon but are for informational purposes  only and to allow Buyer to issue Beacon an Offer. Beacon reserves the  right to change prices after 30 days or at any future date prior to  acceptance by Buyer.
  8. DISCLAIMER OF WARRANTIES. BEACON IS NOT A  MANUFACTURER OF SUPPLIES. ACCORDINGLY, BEACON OFFERS NO GUARANTEES OR  WARRANTIES OF ANY KIND WHATSOEVER, SUCH AS WARRANTIES OF MERCHANTABILITY  OR OF FITNESS FOR A PARTICULAR PURPOSE, EITHER EXPRESSED OR IMPLIED, ON  SERVICES OR PRODUCTS OR SUPPLIES SOLD OR DISTRIBUTED BY BEACON. THE  ONLY WARRANTIES ON THE PRODUCTS OR SUPPLIES SOLD OR DISTRIBUTED BY  BEACON ARE THE WARRANTIES MADE BY THE MANUFACTURER.
  9. LIMITATION OF LIABILITY. IN NO EVENT WILL BEACON  AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS,  DISTRIBUTORS, RESELLERS, SUCCESSORS OR ASSIGNEES BE LIABLE FOR THE  FOLLOWING DAMAGES: LOST PROFITS, DELAY DAMAGES, THE COSTS OF COVER,  INDIRECT DAMAGES, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR  SPECIAL DAMAGES. THIS LIMITATION AND EXCLUSION APPLIES HOWEVER CAUSED  AND ON ANY THEORY OF LIABILITY ARISING OUT OF OR RELATING TO THE SALE OR  DISTRIBUTION OF ANY SUPPLIES OR PROVISION OF ANY SERVICES. IN ANY CASE,  REGARDLESS OF THE THEORY OF LIABILITY ALLEGED OR THE ALLEGED DAMAGES,  THE TOTAL AGGREGATE LIABILITY RELATED TO ANY SUPPLIES OR SERVICES,  INCLUDING ATTORNEY’S FEES, SHALL NOT EXCEED FIFTY PERCENT OF THE AMOUNTS  PAID BY BUYER TO BEACON FOR THE SUPPLIES OR SERVICES.
  10. DESIGN DISCLAIMER AND CHANGE OF SUPPLIES. Beacon  does not fill orders based on plans, specifications, or drawings for  buildings or projects. Beacon is not responsible for improper  engineering, construction, design, or drawing on projects. Beacon fills  Offers in accordance with a Lighting Schedule or other Bill of Material  specifically for Supplies. Beacon does not warrant that the Supplies  will meet plans or specifications or drawings or any other description  not specific to an agreed upon Lighting Schedule or Bill of Material  specifically for Beacon’s Supplies. Buyer agrees that Beacon shall be  entitled to increase the price of any Supplies or POC due to any change  or substitution request by Buyer, Buyer’s end user, or Buyer’s  contractors related to any (i) variance with the Offer or POC; (ii)  change in the specification of the Supplies, or (iii) change in  manufacturer, or change in the products (collectively “Change in  Supplies”). THE RISK OF PRICE INCREASE DUE TO A CHANGE IN SUPPLIES SHALL  BE SOLELY ON BUYER AND/OR THE LIGHTING REPRESENTATIVE AND BUYER AGREES  THAT SUCH INCREASES SHALL BE PAID AS INVOICED AND SET FORTH IN SECTION  11.
  11. DELIVERY. Beacon will deliver all Supplies pursuant  to the descriptions stated in the Purchase Order Confirmation, Lighting  Schedule, and/or Bill of Material for Supplies. Beacon shall deliver  products to Buyer F.O.B. shipping point. Any damage in transit is the  responsibility of the carrier and it is the Buyer’s responsibility to  file a damage claim with the carrier. Buyer agrees that under no  circumstances shall it withhold payments from Beacon because of damage  in transit. Beacon may deliver in advance of the delivery schedule.  However, Beacon does not guarantee delivery dates and all delivery dates  given are estimated. Where Supplies are to be delivered in  installments, each delivery shall constitute a separate agreement and  failure by Beacon to deliver any one or more further installments or any  rejection or revocation by Buyer shall not entitle the Buyer to reject  earlier installments. If Supplies are non-conforming in any way, for any  delivery, Buyer shall notify Beacon within ten (10) days after delivery  or it will constitute an acceptance. All deliveries of Supplies that  are not revoked or returned as stated herein are deemed accepted. All  sales shall be final unless Beacon agrees to a Change in Supplies and no  merchandise may be returned unless consented to by Beacon in writing.

    To allow Beacon the option of notifying the manufacturer of any  defective Supplies and repairing or replacing any defective Supplies,  Buyer agrees not to repair or replace any Supplies purchased from Beacon  or back charge Beacon or take a credit against any amount owed Beacon  for same without written authorization from Beacon. Beacon agrees to act  within a reasonable time. None of the provisions of this Paragraph  shall in any way modify or invalidate, either in part or in whole, any  of the provisions of Paragraph 4.
  12. PAYMENT. All invoices, or revised invoices  following a Change in Supplies, shall be Net 30 days from the earlier of  (1) the date of Beacon’s POC; (2) the date of invoice; (3) the shipment  or delivery of Supplies. Failure of Buyer to make timely payment shall  constitute a default on payment. Upon default, and at Beacon’s option,  Buyer shall pay interest on all late payments at the greater of the rate  of 1.5% per month or the highest rate permissible under applicable law,  calculated daily and compounded monthly. Buyer shall reimburse and pay  Beacon for all costs incurred in collections, including, without  limitation, attorneys’ fees and court costs, which shall include all  attorney’s fees in defense of any counterclaims by Buyer. In addition to  all other remedies available under these Terms and Conditions or at law  (which Beacon does not waive by the exercise of any rights hereunder),  Beacon shall be entitled to suspend the delivery of any Supplies if  Buyer defaults on payment.
  13. RESERVATION OF RIGHTS. Beacon reserves all rights  to obtain liens, mechanic or otherwise, for failure to pay the purchase  price. Additionally, after thirty (30) days of nonpayment, as collateral  security for the full payment of the purchase price of the Supplies or  Services, Buyer hereby grants to Beacon a lien on and security interest  in and to all of the right, title and interest of Buyer in, to and under  the Supplies, wherever located including on-site storage, and whether  now existing or hereafter arising or acquired from time to time, and in  all accessions thereto and replacements or modifications thereof, as  well as all proceeds (including insurance proceeds) of the foregoing.  This security interest constitutes a purchase money security interest  under the Connecticut Uniform Commercial Code.
  14. JURISDICTION AND TIME LIMITS. These Terms and  Conditions shall be governed and interpreted in accordance with the laws  of Connecticut, and any and all claims arising out of Services or  Supplies is subject to the exclusive jurisdiction with the consent of  Buyer in the state or federal courts in the State of Connecticut.Any  litigation or other dispute resolution arising out of or related to  Beacon’s Supplies or Services must be commenced within one (1) year  after the date of the event giving rise to the claim. Otherwise, such  causes of actions are permanently barred.find it, it doesn’t exist. Clearly list and describe the services you offer. Also, be sure to showcase a premium service.

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