Payment details: Fifty percent of total display system price which is non-refundable, including applicable taxes shipping, crating and related expenses, shall be paid by Buyer upon acceptance of the order. Buyer agrees to pay all expenses related to collections and attorney’s fees.
Shipping and Handling : All physical damages incurred during shipment will be the responsibility of LED Craft Inc. and will be limited to the LED Craft Inc’s insurance policy. Damage caused during unloading is the Buyer’s responsibility and is not considered physical shipping damage.
Claims and Cure for Physical Shipping Damages: If Buyer observes visible physical shipping damage, Buyer shall mark each case on Buyer’s packing list or shipping invoice to the carrier at the time of delivery at arrival location and shall provide a copy to LED Craft Inc. within 10 business days of delivery. Claims for visible shipping damages must be made in writing within 10 business days of delivery with the claim accompanied by photograph(s) taken while the delivery person is still present showing the damage during the time of delivery and obtain a signature of the delivery person. Claims for hidden physical shipping damage must be reported in writing to LED Craft Inc. within 14 business days of delivery. Buyer shall give LED Craft Inc. and its agents a reasonable opportunity to inspect, test and repair or replace the System or portion thereof. Buyer’s remedy for System’s physical damages during shipping, and LED Craft Inc.’s liability for shipping damages, shall be replacement or repair of such System or parts damaged as determined by LED Craft Inc. Buyer and LED Craft Inc. shall do their best to resolve this matter timely and economically. LED Craft Inc. reserves the right to have additional time to resolve any issue in the event of natural disasters, embargos, labor strikes and or any kind of acts of God, etc.
Limitation and Disclaimer of LED Craft Inc. Liability: Buyer’s remedy for LED Craft Inc.’s breach of this agreement and to any term hereof, and LED Craft Inc.’s liability for such breach, shall be replacement or repair of the System and its parts actually delivered to Buyer. LED Craft Inc. shall not be liable to Buyer for loss or damage of any kind arising out of this transaction in excess of the System price. LED Craft Inc. will not be responsible for consequential or incidental damages including but not limited to loss profit, loss of goodwill etc… Buyer agrees that the above limitations on liability and remedies are independent of the agreed remedies under this agreement. Buyer understands the presence of a heavy duty surge protection device in the System. During very high electrical surges, there is a possibility of damage to the LED System and is not covered by the warranty. LED Craft Inc. shall not bear any responsibility for shipping delays due to natural disasters, customs inspections holding, labor strikes of third party companies, ocean shipping conditions, national holidays, vacations, related events and Acts of God. However, LED Craft Inc. shall do its best to deliver goods to Buyer, and notify the Buyer of possible delays and reason for the delay prior to due date as a courtesy and is not legally bound to do so.
Buyer’s Breach: Systems delayed in shipment at the request of the Buyer will be subject to an annual interest charge of 18% on the remaining balance.
Right to obtain photographs: Buyer agrees that LED Craft Inc. may use Buyer’s name and photographs of the System in LED Craft Inc.’s advertising and promotional materials without the prior written consent of Buyer and without compensation to the Buyer.
Miscellaneous: This Agreement shall be governed by the laws of the State of Missouri. Any litigation shall be exclusively in Saint Louis County, in the State of Missouri.
The Scope of Limited Warranty and Limitation of Liabilities and Remedies:
THE LIMITED WARRANTY PROVIDED HEREIN IS IN LIEU OF ANY IMPLIED WARRANTY SUCH AS FITNESS FOR A PARTICULAR PURPOSE AND/ OR MERCHANTABILITY WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DENIED. LED Craft Inc. warrants its LED Display Systems for 5(five) years from the day of shipment. The liability of products is limited to repairing and replacing of the parts to the System which are defective during the warranty period. Warranty of the parts provided during the warranty period shall end at the same time the System warranty expires. LED Craft Inc. is not responsible for communications, internet services and data server failures or for limitations caused by mismatched Systems. Parts not manufactured by LED Craft Inc., but added to the System are only covered by their original manufacturer’s warranty, if any. Buyer shall be responsible for installation of repaired/replaced parts and software.
