Terms and Conditions of Sale

TERMS OF SALE: 30 days net, F.O.B. Del Toro Lighting Alhambra California Lamps are not included, unless otherwise noted. Minimum orders of $100. All delinquent accounts will be charged 1.5 percent per month, 18 percent per year.

ORDERS: All purchase orders are subject to acknowledgment and acceptance by Del Toro Lighting. We will rely on customers' purchase orders being complete and accurate in every detail, authorized and endorsed. This original authorization shall then be forwarded to Del Toro Lighting for our records. All orders must be place on, or confirmed by the customer's order form, including all details to which the order is subject by customer's request. However, any statements or printing on the customer's orders are accepted subject to our published terms and conditions unless we agree to a specific deviation in writing from Del Toro Lighting. All orders for special or custom-made equipment are not subject to cancellation once received by Del Toro Lighting. Upon the acceptance of any order, we will not be responsible for conforming to any plans and specifications unless they accompany their original order and are accepted as such. All orders taken by the sales representative shall be subject to acceptance by Del Toro Lighting. Specifications either contained in Del Toro's catalog, promotional literature or special application drawings are subject to change without notice or liability to Del Toro Lighting. Del Toro Lighting reserves the right at all times to reject any order, whether because of the unsatisfactory credit rating of the customer or for any reason whatsoever.

LIABILITY: Shipment date noted on our acknowledgment, if any, is Del Toro Lighting's best approximation of probable shipment date, and shall not be deemed to represent a fixed or guaranteed shipment date. Del Toro Lighting Will not be held liable for late delivery and or inability to perform there under caused by any contingency beyond its control, including, without limitation, strikes, riots, wars, accidents, fires floods disasters, inability to obtain materials essential to the manufacture of the products covered hereby, or governmental or other limitation or restrictions on material, labor manufacturing, delivery or shipping.

FREIGHT TERMS: Del Toro lighting will pay freight costs for merchandise shipped within the Continental United States on orders of $2,500 or more. Although we will comply with special carrier requests whenever practical, we reserve the right to make the final decision with regard to all shipments. Del Toro Lighting's responsibility ceases upon acceptance of merchandise by carrier. All claims for loss or damage in transit must be made by consignee against carrier, but we will render every aid and assistance in the presentation and enforcement of such claims without waiver of our rights to

have compliance with terms for payments of our invoices. Del Toro Lighting will not pay for drop shipments outside distributor's sales area or territory, or for air freight.

RETURNS: All merchandise returned without our written consent will not be accepted. All returned goods are subject to prior approval and must be accompanies by a returned goods authorization number. (RGA) obtained only through the local manufacturer's representative and issued by Del Toro Lighting. Return requests must be made within 60 days of the date of invoice and returned within 30 days of an issuance of an RGA . Only an estimate of the credit can be given upon the requesting of a return. All returned merchandise would be subject to inspection to arrive at a credit value. Special, modified, or discontinued fixtures will not be accepted for a return.

CANCELLATIONS Of ORDERS: All cancellations must be made in writing. Released standard product orders cancelled within four weeks of acknowledged shipment date carry up to a fifty percent cancellation charge. No custom or modifications orders may be cancelled after release of order.

WARRANTIES: Del Toro lighting warrants that the products manufactured by it shall be free from defects in material and workmanship for one (1) year from the date of shipment. On components furnished by Del Toro Lighting, but manufactured by others, a written warranty of the manufacturer, if any, will be assigned to the buyer. Del Toro Lighting does not adopt, and does not warrant, or represent, any such component parts or the enforceability of such third party type warranties. Del Toro Lighting's sole obligation under this warranty shall be, at its option, to repair and replace its defective product. There are no other expressed warranties, including any warranty of merchantability or fitness for purpose. Del Toro Lighting shall not be liable for consequential damages or costs for removal and re-installation of its products. Buyer shall pay for all shipping charges to and from Del Toro Lighting's plant in Alhambra, California for the return and repair and replacement of the product. This warranty shall not apply to defects or damage caused by shipping, improper installation, improper use or abuse of the product.

AUXILIARY EQUIPMENT: Ballasts or transformers, furnished as components with our products carry the warranties of the manufacturer of that equipment. Del Toro Lighting's warranty does not extend to such components. Defective ballasts or transformers under warranty are to be delivered by the user to the manufacturer's designated service distributor for replacement in accordance with their standard terms.

The liability of Del Toro Lighting or any sales representative or distributor on all claims of any kind for any loss or damage arising out of or resulting from or concerning any aspect of this limited warranty, or from the products or services furnished, shall not exceed the price of the specific product which gives rise to the claims.

Del Toro Lighting 401 S. Raymond Ave. Alhambra, CAL. 91803 /Effective 2013.
Phone (626) 382-2167
Fax (626) 382-1406