Lamps Plus Hospitality

Terms and Conditions

  1. ACCEPTANCE: Notwithstanding any different or additional terms that may be embodied in the Buyer’s purchase order, the Buyer’s purchaser order is accepted only on the condition that the Buyer expressly assents to the terms and conditions contained within these Lamps Plus Hospitality (LPH) terms and conditions and attached documents as well as to the terms and conditions in the Seller’s brochures, price lists, acknowledgements, and invoices. This writing is intended by the parties as a final expression of their agreement and is intended as a complete and exclusive statement of the terms of their agreement. All LPH orders are governed by the terms and conditions of the LPH division of Lamps Plus Inc. Other Lamps Plus terms and conditions do not apply to the LPH division of Lamps Plus including but not limited to the free freight and free returns policies of lampsplus.com.
  2. MODIFICATION: No waiver, alteration, or modifications of the terms and conditions contained herein or in the Seller’s brochures, price lists, acknowledgements, and invoices shall be binding unless changes are made in writing and signed by an officer of Lamps Plus Hospitality.
  3. PRICES: All orders are accepted subject to Seller’s prices in effect at the time of shipment.
  4. CREDIT TERMS: All credit terms of payment set forth are subject to the approval of Seller’s Credit Department. ANY AMOUNTS NOT PAID BY DUE DATE AS INDICATED ON THE FACE OF SELLER’S INVOICE TO BUYER SHALL BE SUBJECT TO A FINANCE CHARGE OF 1-1/2 % PER MONTH UNTIL PAID. THE RATE OF SAID FINANCE CHARGE BEING EQUIVALENT TO AN ANNUAL PERCENTAGE RATE OF 18%. In no event, however, shall the rate of said finance charge exceed the highest rate permitted by law.
  5. CASH IN ADVANCE (CIA) TERMS: Unless otherwise negotiated, a fifty percent (50%) deposit is required with customer’s purchase order. Final payment is required when product has been delivered to our warehouse and is available for shipping at the customer’s original requested ship date. Postponement of shipping may result in additional charges which must be paid prior to shipping. Failure to pay final payment for product may result in your products being applied to another customer’s order.
  6. SHIPPING TERMS: In all cases, shipments made by Seller are F.O.B. Factory. Title passes to Buyer upon delivery to carrier.
  7. FREIGHT PAYMENT TERMS: Unless otherwise agreed in writing prior to shipping, all shipments routed by seller are made on a PREPAY AND ADD BASIS AND ADDED TO THE INVOICE. All shipments routed by the buyer or their agent will be shipped ON A FREIGHT COLLECT basis. All BACKORDERS will be shipped per the above terms.
  8. CLAIMS: Our goods are shipped F.O.B. Factory. They are inspected and are in perfect condition when given to the carrier. The carrier is responsible for safe delivery to the Buyer. All claims for shortage, loss, or damage must be noted on the delivery receipt and filed by the BUYER. All claims for CONCEALED DAMAGE must be filed within 15 DAYS OF RECEIPT OF GOODS
  9. SHIPMENTS: If no shipment date is specified in the purchase order, Seller shall deliver the goods within a reasonable time. If a delivery date is specified in the purchase order, seller may ship the goods in a reasonable period of time.
  10. SELLER DELAYS: The Seller shall not be responsible or liable for any delays in performance directly resulting from or contributed to by acts of God, war, riot, embargoes, acts of civil or military authorities, fires, floods, accidents, quarantine restrictions, factory conditions, strikes, differences with workmen, delays in transportation, shortage or cars, fuel, labor, materials, or any other cause beyond control of the Seller.
  11. LAMPS PLUS RESIDENTIAL ITEMS: Residential quality products specified and ordered for use in the hospitality, hotel, and contract marketplace, which are not considered “Contract Quality” will be sold as “final sale” and are non-returnable/non-refundable. Lamps Plus items are sold as-is, as a courtesy to the hospitality, hotel and contract marketplace, these items may not have been designed to hold up to the riggers and requirements of the hospitality industry. These products have been designed for use in residential applications. We recommend ordering one to physically review prior to placing the order for full quantities. For quantities of 10 or more of these products lead times of 12-14 weeks may apply if not immediately available.
  12. CUSTOM PRODUCTS: In general, custom products are designed and developed for specific jobs or properties LPH has no other use for these products therefore, all Custom products designed by LPH or developed by using the buyer/customers designs or design concepts are sold as “Final Sale” and non-returnable/non-refundable Giclee products are considered “Custom Products” and as such will be sold as “Final Sale” and non-returnable/non-refundable “Color Plus” products are considered “Custom Products” and as such will be sold as “Final Sale” and non-returnable/non-refundable. Lamps Plus residential items which have been redesigned and reengineered to meet contract/ hospitality standards for a specific project are considered Custom and as such will be sold as “Final Sale” and non-returnable/non-refundable.
  13. BUYER DELAYS: The Seller may grant a delay in shipping without the buyer incurring storage charges. This delay will be for no more than forty-five (45) days from the original ship date. If the buyer requests an additional postponement the seller may charge a storage fee. Changes made within two weeks from scheduled ship date or after the order has shipped may result in additional fees and charges.
  14. RETURNS: All sales are final. Seller reserves the right to refuse or to authorize a return at its discretion. Orders are considered shipped when staged on our dock. If the seller agrees to a return a mandatory restocking fee will apply. The buyer will be responsible for this fee and the return freight expense. No credit will be issued for products returned damaged or not in the original unopened boxes. The Seller will not allow any allowances, deductions, or returns unless Buyer has obtained the Seller’s prior written consent and authorization within 30 days of receipt of goods by the Buyer. No returns will be accepted or credited without proper return authorization documentation. All expenses for unauthorized returns will be the responsibility of the Buyer. Buyer must use carrier specified by Seller for all returns.
  15. CANCELLATIONS: The Buyer’s cancellation and/or rescheduling of the order are subject to acceptance by the Seller, and are also subject to cancellation charges and price increases. The Seller reserves the right to cancel or backorder any portions of the order not in Seller’s inventory at the time of shipment.
  16. REMEDIES: The Seller shall have all remedies allowed by the Uniform Commercial Code. In addition, Buyer grants Seller a security interest in the goods and agrees that Seller may file this invoice to perfect such security interest. Buyer’s remedy shall be limited to return of goods and repayment of price or repair and replacement of nonconforming goods or parts, at Seller’s option, which remedy shall be exclusive.
  17. WAIVER: Waiver by either Seller or Buyer of a breach by the other of any provision of this agreement shall not be deemed a waiver of future compliance therewith, and such provisions shall remain in full force and effect.
  18. GOVERNING LAW: The construction, interpretation and performance of this order and all transactions hereunder shall be governed by the law of the state of California, including the Uniform Commercial Code.