Terms and conditions
BINDING TERMS AND CONDITIONS OF SALE
The following are the terms and conditions of the agreement for the sale of products by Lumens Technologies Pvt Ltd to its customers.
Agreements under these Terms and conditions of sale form the sole agreement with respect to the sale of products and supersedes all proposals, negotiations, conversations, discussions, agreements and/or representations, whether oral or written, including any industry custom or past dealing between the parties relating to the sale of products.
1. Acceptance and Cancellation of Products
Product availability and pricing is an invitation to customers to tender an offer. Response to quote, and other inquiries for pricing and availability of products is constructed as an offer by Lumens Technologies. Acceptance of an order is confirmed only by an “Order Confirmation Email”. When a customer orders a product from the Lumens E-Shop, the preliminary written reply to the order issued on the Lumens E-Shop does not mean that the order has been accepted. The written email reply is only used to let the customer know that the order has been entered into the Lumens E-Shop computer system. Orders accepted by Lumens E-Shop may be cancelled by Customer upon written consent of Lumens E-Shop provided such order is not “NC/NR” or “Non-Cancelable/Non-Returnable”, “Non-Standard Products”, or governed by a Purchase Agreement Letter. Non-standard products are products Lumens E-Shop has to order from a supplier specifically for the Customer. This also includes products not normally in stock, or orders where value-added services have been incorporated into products. Non-standard products are non-cancelable and non-refundable. Lumens E-Shop may identify Products as non-standard or “NC/NR ” by various means including quotes, Products lists, attachments or exhibits. Customers may not change, cancel or reschedule Orders for Products without Lumens Technologies’ consent. If after acceptance by Lumens E-Shop for the Customer’s order, the Customer cancels the order, Lumens E-Shop may request the Customer to pay reasonable cancellation or reliance charges. These charges are paid to Lumens E-Shop by the Customer. Customer requests to reschedule are subject to acceptance by Lumens E-Shop at its sole discretion. Orders shall not be cancelled or rescheduled after the order has been submitted by Lumens E-Shop to the shipment carrier.
LUMENS E-SHOP RESERVES THE RIGHT TO LIMIT OR CANCEL ANY ORDER, AND HAS SOLE DISCRETION, TO ALLOCATE SALES, LIMIT QUANTITIES OF SELECTED PRODUCTS, AND LIMIT SELECTED PRODUCTS TO ITS CUSTOMERS. LUMENS E-SHOP RESERVES THE RIGHT TO REJECT ANY ORDER OR ANY PART OF AN ORDER. PRODUCT SPECIFICATIONS AND AVAILABILITY ARE SUBJECT TO CHANGE WITHOUT PRIOR NOTICE.
Returns are normally processed within 30 days of the ship date for the convenience of the customer. If Lumens E-Shop agrees to accept a return, return freight charges must be prepaid by the customer. Lumens E-Shop will not accept COD shipments. All return items must be in the original packaging, unused, untested, un-programmed, and a resalable condition. Contact a Customer Service Representative for a Return Materials Authorization Number and address instructions before returning the product. Any ESD, programmable semiconductors, or moisture-sensitive product returned that has been opened will not be eligible for credit. These statements concerning Returns, do not apply to NON-CANCELABLE/NON-RETURNABLE PRODUCTS. (See the NON-CANCELABLE/NON-RETURNABLE PRODUCTS section in these terms.)
1b. Counterfeit Product Prevention Clause
Only products originally shipped from Lumens E-Shop at Lumens E-Shop’s direction (drop-ship) will be returned to Lumens E-Shop. All others will be promptly quarantined and disposed of or returned to the Customer. By a Customer returning products to Lumens E-Shop, the Customer certifies that the products were purchased from Lumens E-Shop and there has been no substitution in whole or part of the same product from another supplier, distributor or other such sources of the product. The return should be in the original packaging ( from Lumens E-Shop ), in unused and untested condition (except defective). ESD, programmable semiconductors or moisture-sensitive products should not be opened.
Lumens E-Shop takes every effort to provide you with the best deal for any product from any distributor in the industry. Prices may change depending upon the availability of the product. In the event Lumens E-Shop discovers an error in pricing, we will notify the Customer of the corrected version, and the Customer may choose to accept the corrected version or cancel the order. Lumens E-Shop is not responsible for pricing, typographical, or other errors in any communication with the Customer, and reserves the right to cancel any orders arising from such errors. Prices will be as specified by Lumens E-Shop or will be applicable for the period specified in Lumens E-Shop’s quote. If not specified, the quoted price will be applicable for 30 days. Prices shown on the website are subject to change without notice. Prices are subject to increase in the event of an increase in Lumens E-Shop’s costs or other circumstances beyond Lumens E-Shop’s reasonable control, including but not limited to, increases in manufacturers prices, change in the exchange rate, or quoting errors. If the Customer does not purchase the quantity upon which quantity prices are based, the Customer will pay the non-discounted price for the quantity purchased and/or a cancellation or restocking fee. Prices are exclusive of taxes, impositions and other charges, including sales, use, excise, value-added and similar taxes or charges imposed by any government authority, international shipping charges, forwarding agent’s and broker’s fees, bank fees, consular fees, and document fees.
3. Terms of Payment
All payments should be made as per the issued invoice or credit card receipt. Credit cards accepted include major credit cards, purchase cards, and major bank debit cards including MasterCard, VISA, Diners Club, Discover, and American Express. After your order is placed we will email a Proforma invoice which includes our bank information, the merchandise total and shipping charges.
4. Sales Tax
Only additional GST is applicable on all purchases from Lumens E-Shop.
5. Limitations of Liabilities
IN NO EVENT SHALL LUMENS TECHNOLOGIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE including, but not limited to, damages resulting from loss of profit or revenue, recall costs, claims for service interruptions or failure to supply downtime, testing, installation or removal costs, costs of substitute products, property damage, personal injury, death or legal expenses. The customer’s recovery from Lumens E-Shop for any claim shall not exceed the purchase price paid by the Customer for the goods, irrespective of the nature of the claim, whether in the warrant, contract or otherwise.
6. Non-cancellable/Non-returnable Products
From time to time, Lumens E-Shop will notify customers of a product that is “NC/NR”, (Non-Cancelable/Non-Returnable) upon determining that an order requires such conditions of sale. The customer understands that “NC/NR” products obtained by Lumens E-Shop are specifically arranged for the Customer. Irrespective of circumstances, the Customer agrees that “NC/NR” products may not be cancelled, returned or rescheduled by the Customer without the agreement in written consent of Lumens Technologies. Products labelled as moisture-sensitive or Electro-Static Sensitive (ESD) are NC/NR if the packaging has been opened.
7. Force Majeure
Lumens E-Shop will not be liable for delivery delays or for failure to perform its obligations due to causes beyond its reasonable control including, but not limited to, product allocations, material shortages, labour disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war.