Terms & Conditions
Sales
PRICING: PLEASE NOTE DUE TO TARIFF LAWS WE CAN NO LONGER GUARANTEE PRICING. Prices are subject to change due to federal tariffs and will be verified at the time order is placed. Items are always subject to re-price after 30 days. Subsequent additions are subject to re-quote and are also not guaranteed the same price. FLX price changes reflect direct price changes from manufacturer suppliers.
DEPOSIT: A 50% deposit payment will be required to begin order process unless otherwise specified. Orders less than $10K require 100% payment.
PRELIMINARY NOTICES: FLX lighting issues preliminary notices on all jobs >10K in value. If for some reason you do not which to have the job pre-liened, 100% payment will be required before material ships. The project manager will send out a request for this information before the first orders of the job. We ask you to provide as much information as possible, including the address, GC, landowner, and lender. Any missing information will be researched and confirmed by our 3rd party preliminary notice service.
FREIGHT: Unless explicitly noted on quote as ‘Freight Included” freight is determined by the manufacturer at the time of shipment and is passed on and invoiced as non-taxable freight on the final invoice for the material. If you prefer to have freight included in your quote please let the Project Manager quoting your project know. Freight is determined by manufacturer at time of shipment.
TAX: All orders are charged sales tax based on the shipping address of the material Tax can be removed if a CA resale certificate is provided. ; Tax will be charged at a rate determined by ship-to address. In the case of customer tax exemption, a resale certificate will be required.
INVOICING: Deposit payments will be applied to invoices created based on material shipped, and including shipping. Invoice terms will be provided on the invoice. Clients without credit will be 50% deposit, remainder due at time of shipment. Clients with terms will be 50% deposit, remainder net 30. In all circumstances, past due payments beyond 90 days will accrue service charges of 1.5% per month. Any account with a delinquent balance may result in project shipments being placed on hold.
PAYMENT: FLX Lighting request joint checks on all contracts with subcontractors. Preferred method of payment is via check (sent via UPS/fedex folder) or ACH (payment link can be provided). Credit card payments are accepted with processing fee. Please make checks payable to FLX Lighting and remit to our San Diego location only. E-checks also accepted - email accounting@flx.lighting
Changes & Cancellations
INCORRECT ORDERS/COUNTS: Customer is responsible for final counts, part numbers and confirming finishes for final quote. FLX Lighting is not responsible for incorrect quantities or part numbers ordered, nor incorrect information based on take-offs. Incorrectly ordered parts may be subject to manufacturer restocking fee and freight.
CANCELLATIONS: Order cancellations before shipment are also subject to manfucturer’s restocking fee and terms (some manufacturers will not refund cancelled orders in process). Customer is responsible for paying for cancelled items that are non-refundable once ordered.
RETURNS/EXCHANGES: Returns are accepted only in cases where manufacturers accept returns. Defective parts must be returned to FLX Lighting or direct to the manufacturer within 30 days. All returns are subject to 50% restock fee and freight costs.
CHANGE ORDERS: Changes often happen at critical times throughout a job and in an effort to avoid delays, FLX does not require purchase orders unless specified by our clients. In the case where purchase orders are not issued, we will use email confirmation or telephone confirmation to consider approved release of change orders. If your company requires your official issue of purchase orders for change order approvals please be sure you have filled out that information in the above PO section and contact accounting@flx.lighting to confirm approval process.
LD & BACK CHARGES: FLX lighting can not be held responsible for manufacturer or material shipment delays. Liquidated damages (LD's) and back charges will not be accepted under any pretense. No exceptions.
Legal
CONFIDENTIALITY: The pricing submitted as part of the bidding process and provided in quotes is confidential material and solely for the addressee(s). Confidential materials are not to be disclosed in any way to other suppliers or competitors.
PRE-SUIT MEDIATION: Prior to, and as a condition precedent to the commencement of any lawsuit or administrative proceeding to resolve any disputes arising out of this Agreement the parties agree that the dispute first shall be summited to non-binding mediation before a business mediation organization approved by the parties. Such mediation shall be held in San Diego. In the case of delinquent payments, the customer shall bear the costs of the mediation.
COLLECTIONS, LEGAL FEES & JURISDICTION:
By accepting any quote and proceeding with an order through FLX Lighting, you hereby acknowledge and accept the terms listed herein of this Purchasing Contract as an Agreement. This Agreement shall be construed under the laws of the State of California. In any action brought under this Agreement, the prevailing Party shall be entitled to recover its actual costs and attorneys' fees and all other litigation costs, including expert witness fees, and all actual attorney's fees and litigation costs incurred in connection with the enforcement of a judgment arising from such action or proceeding. The provisions of the preceding sentence shall be severable from the provisions of this Agreement and shall survive the entry of any such judgment.
Applicant agrees to pay all costs, including actual attorneys’ fees, for any collection effort whether or not a lawsuit is filed. In the event litigation is required, the Applicant agrees that suit shall be filed in the Superior Court of California for the County of San Diego. Any dispute between the parties arising out of, or in relation to this application shall be subject to California law. The Parties submit to jurisdiction and venue in the State of California in any legal proceeding arising regarding this Agreement.