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CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify, defend, and hold harmless LSI, its agents, distributors, and affiliates, and their officers, directors, and employees, from and against any claims, demands, damages, costs, and expenses, including without limitation reasonable attorney’s fees, arising from or related to your use of the Site or your breach of any provision of these Terms or any warranty hereunder.
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If you have a question regarding Site policy, please contact us by mail at LSI Industries Inc., 10000 Alliance Road, Cincinnati, Ohio 45242, or by telephone at 513-793-3200.
This Policy describes how we, LSI Industries, Inc., handle information we learn about you from our website. If you have questions or wish to contact us about this Policy, direct inquiries to: Privacy Office, LSI Industries Inc., 10000 Alliance Road, Cincinnati, Ohio 45242, 513-793-3200
The information we collect from you depends on what you do when you visit our site. Please note that we do not collect personally identifiable information about you when you visit our site, unless you choose to provide such information to us.
We collect personal information you provide to us in connection with comments or messages you submit via our “Contact Us” page, and in connection with your registration for and use of the configurator feature of the site.
In addition, for each visitor to our site, we automatically gather certain information and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We collect and store this information on an individual basis and in aggregate, or combined, form. We also collect both user-specific and aggregate information on what pages visitors access or visit.
We use this information to analyze trends, to administer the site, to track users’ movements around the site, and to gather demographic information about our user base as a whole. We also use this information to improve the content of our web pages, and to customize the content and layout of our pages. All of this is done with the intention of making our site more useful to visitors.
We do not rent or sell email addresses, postal addresses, or telephone contact information to third parties, or otherwise share any personally-identifying information we collect, with any third parties, except that we may forward your inquiries to our manufacturers’ representatives as appropriate for responding to the inquiries.
If we develop a business relationship with you as a result of your inquiries on the site, we will retain your information in accordance with our continuing business need to service this relationship. Otherwise, this information is deleted after two months.
If you create an account to use the site’s configurators, we keep the account information for so long as you are using the account. Once the account has been inactive for nine months, this information is deleted.
We use Google Analytics to help us understand how visitors user our site. Google retains analytic data for at least 25 months.
We use session cookies on this website. A cookie is a small text file that is stored on a user’s computer for record-keeping purposes. If you reject cookies, you may still use our site, but your ability to use some areas of our site will be limited.
We use session cookies to make it easier for you to navigate our site. We use session cookies to record session information, such as which web pages a user has visited, and to track user activity on the site. Session cookies expire when you close your browser.
Upon request we provide site visitors with the ability to access and to request correction of their own personally-identifying information (e.g., name, address, phone number) that we maintain about them. You can access this information by sending your request to the Privacy Office address provided above. To help us process your request, please provide sufficient information to allow us to identify you in our records.
We reserve the right to ask for information verifying your identity prior to disclosing any information to you. Should we ask for verification, the information you provide to verify your identify will be used only for that purpose, and all copies of this information in our possession will be destroyed when the process is complete.
The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it, and to guard that information against loss, misuse or alteration.
Please note, however, that no method of transmission over the internet, or method of electronic storage, is 100% secure. Therefore, while we use commercially-reasonable means to protect your personal information, we cannot guarantee its absolute security.
From time to time, we may use customer information for new, unanticipated uses not previously disclosed in our Policy. If our information practices change materially at some time in the future, we will post these changes to our website and revise our Policy accordingly. In addition, if we have collected personally-identifying information from you, we will notify you about the changes and secure your consent prior to making use of your personal information in new ways.
If you believe that this site is not following its stated information Policy, you may contact us at the above postal address or phone number, or you may contact the Better Business Bureau.
These General Terms and Conditions apply to all orders for LSI Products. All Orders Must Be Made In Writing And Reference The LSI Product Number and Quantity
ORDER SIZE AND PRICING – All orders are subject to a minimum order value of $150; provided that parts-only orders are subject to a $50 minimum charge. The order minimum may be adjusted at time of order entry commensurate with the products and parts ordered and to accommodate order handling costs. Prices are subject to change without notice.
TRANSPORTATION AND DELIVERY – All Product is sold F.O.B. LSI’s dock; however, shipping and handling charges are waived for all Continental U.S. orders with lighting fixtures (without poles) exceeding $3,000 per shipment. For shipments with poles, shipping and handling charges are waived on shipments exceeding a combination of $4,000 of lighting fixtures and poles. For all other shipments, buyer will be invoiced for shipping and handling costs.
SCHEDULED SHIP DATE – The scheduled ship date is an estimate only. LSI will not accept any back charges for late deliveries.
CHOICE OF CARRIER – LSI selects the carrier and will determine the most economical routing considering consolidation of shipments in economical groupings per scheduled date. If alternative shipping means are requested by Buyer, Buyer assumes the additional transportation cost.
SPECIAL SHIPPING REQUEST – Special shipping requests will be accommodated when possible. Buyer’s request for a particular carrier and/or special shipping will require Buyer to pay the difference in the rate of transportation and other additional handling charges. Buyer may be charged extra for optional packaging, for the costs for advance notification by carrier, residential delivery, and for special equipment needs such as lift gates, flat beds or for inside delivery. City delivery or special services requested such as redelivery, expedited surface delivery or delayed delivery charges will be charged to Buyer at LSI’s cost.
C.O.D. ORDERS – LSI does not ship C.O.D. A Buyer without an active credit account must pay cash in advance at order entry.
PAYMENT TERMS – Net 30 days after the date of Invoice. Invoices that are past due are subject to a 1.5% percent monthly service charge.
DAMAGE – Title to any goods sold and the risk of loss of such goods passes to Buyer upon delivery by LSI or LSI’s vendors to the carrier, and any claims or losses or damage in transit shall be filed by Buyer directly with the carrier; provided however that if requested by Buyer, LSI will assist Buyer in the filing of damage claims. Buyer shall inspect all goods immediately upon delivery for concealed damage. Buyer must notate any damage/shortage on carrier’s delivery receipt. Buyer must report all damage to goods to the carrier within 10 days of delivery of the goods. UPS and FedEx damaged shipments must be reported to LSI within 10 days and must be in the original cartons at the original delivery point for inspection.
CANCELLATION OR SUSPENSION OF ORDERS – Cancellation or suspension of orders will be accepted by LSI only if LSI is indemnified for: liabilities and expenses incurred, commitments made by LSI, profit on work in process and for the contract value of goods completed and ready for shipment. Postponement of deliveries for more than thirty (30) days are subject to LSI’s approval and subject to storage and handling charges.
RETURNS: No returns will be accepted without LSI’s prior approval. All requests must be made within 30 days of the invoice date.
POLES – Poles will not be accepted unless due to allowed warranty claim.
ELIGIBILITY – Requests to return custom built products or modified standard products with options will not be accepted. Requests to return products that are unique to a customer or program will not be accepted. All returns must be received by LSI in good working and resalable condition. Items must be returned in the original packaging. Any damage to returned goods will be the responsibility of the Buyer. Products not manufactured by LSI are subject to the original supplier’s return or cancellation policy.
FEES – Authorized returns will be charged for both inbound and outbound freight and a minimum service charge of thirty-five percent (35%) of the product selling price.
REPLACEMENTS – LSI has the option of either replacing defective goods or crediting Buyer for the purchase price of such goods. A new Purchase Order is required for replacement orders.
TAXES – All prices, quotations, orders, and agreements are subject to all Federal, State, and Local taxes. These taxes will be added to the invoice unless legal proof of exemption is provided. LSI reserves the right to invoice separately for the taxes should it be necessary to make payment where they were not included at the time of invoicing.
COST OF COLLECTION – If Buyer defaults with respect to any payment due LSI, Buyer shall pay LSI for all costs and expenses, including legal expenses and attorneys’ fees, incurred by LSI as a result of the breach.
CAUSTIC OR CORROSIVE ENVIRONMENTS EXCLUSION – Fixtures and poles and their finishes may be damaged by application in caustic or corrosive environments. While many LSI products generally can be safely applied in such environments, the expected or useful life of products applied in these environments, including the painted and finished surfaces of such products, may be reduced or impacted by the conditions found in these environments. Fatigue, damage or failure of products applied in such environments and in coastal environments, including the painted and finished surfaces of such products, are specifically excluded from any warranty provided by LSI, unless specifically warranted in writing by LSI. A coastal environment is any use within a 2 miles radius of the coastline.
CONFLICT OF LANGUAGE – In the case of a conflict or inconsistency between these Terms and Conditions of Purchase and any other writing or understanding between any person, including, but not limited to Buyer’s purchase order, these terms and conditions shall apply. No term or condition in any other writing or understanding between any person, including, but not limited to Buyer’s purchase order, may add additional terms to and conditions to, nor supplement these, Terms and Conditions of Purchase.
CHANGES – LSI reserves the right to make modifications or changes to any of its products, pricing, the Limited Warranty and the Terms and Conditions without prior notice. Any changes to Limited Warranty and the Terms and Conditions shall be effective upon posting to LSI’s website for orders received on and after the day of posting.
GENERAL WARRANTY PROVISIONS – LSI in the exercise of its sole discretion shall determine whether a product is defective and covered by its warranty. LSI reserves the right to examine all products to determine the cause of failure or damage and pattern of usage. LSI may require the material be returned to LSI, as part of the evaluation process, at the cost of Buyer. The Limited Warranty is only applicable when the relevant product has been properly handled, stored, wired, transported, installed, operated and maintained in accordance with all applicable product specifications and instructions, including, without limitation, installation in applications in which ambient temperatures are within the range of specified operating temperatures and operation with the electrical values provided for in the specifications and data sheets. LSI shall have no responsibility under the terms of any warranty for any failure of any product that results from external causes, including without limitation: misapplication; acts of nature, physical damage, exposure to harsh, adverse or hazardous environments or chemicals or other substances; use of harsh or reactive chemicals or agents to clean or maintain the product; environmental conditions; vandalism; fire; power failure, improper power supply, excessive switching; fatigue, failure or damage or similar phenomena resulting from induced vibration, harmonic oscillation or resonance associated with movement of air currents around the product; animal, pest or insect activity; fault or negligence of the purchaser or installer of the product, any end user of the product and any third party not engaged by LSI; improper or unauthorized use, alteration, or service, including failure to abide by classifications or certifications, or failure to comply with any applicable standards or codes. LSI continually assesses product quality and performance seeking to enhance its products. Any changes to product design may not be used to infer or mean that any product was defective prior to the change. No warranty is provided for substantial deterioration that is due to failure to inspect, store, clean or maintain the finish of the product. Consumables, which include, but are not limited to items such as batteries and surge protectors have definite useful lives that vary considerably due to various uncontrollable factors; and the time period for the warranty for these products will be evaluated by LSI on a case-by-case basis in the exercise of its reasonable discretion.
WARRANTY ASSISTANCE – All requests for warranty assistance must be submitted to the LSI Customer Service Representative and direction must be given from LSI prior to any action being taken. No claims for cost of material or repair will be accepted without prior written approval. If Buyer has a question from the field during installation or field repair, the inquiry must be directed to the LSI field service department 1- 800-436-7800 ext. 7302.
LSI reserves the right to make modifications or changes to any product, pricing, these General Terms and Conditions and/or the Limited Warranty without prior notice.
The limited warranty may only be transferred to subsequent purchasers of the product if the product is resold in new condition and in its original packaging. The below Limited Warranty is subject to limitations, exclusions and other terms set forth in the LSI General Terms and Conditions and the limited warranty set forth below.
Light Fixtures, Poles and Finishes Limited Warranty
LED LIGHT FIXTURES AND LED COMPONENTS
LSI warrants LSI branded LED light fixtures against defects in materials and workmanship for five (5) years from the date of shipment. LSI will, at its option, replace, repair, reimburse or credit 100% of the original purchase price of the defective light fixture, components or electronics. LSI reserves the right to replace or repair defective fixtures, components or electronics utilizing the same or functionally similar products that are new, repaired or reconditioned.
The paint finish warranty on LED light fixtures is covered by the Limited Warranty set forth below.
The above Limited Warranty excludes components or fixtures not branded by LSI. This includes LED luminaires, Power Supplies and Modules. These items carry the warranty from their respective manufacturers. LSI will provide Buyer with all necessary manufacturer contact information to coordinate warranty claims.
LED modules are warranted for a period of 5 years. An LED module in an LED light fixture is not defective if less than ten percent (10%) of the individual LEDs in the light fixture do not illuminate. An LED module that fails within the manufacturer’s warranty period will be exchanged. LSI will not honor a cash reimbursement claim to cover material charges for replacement material after one year from date of shipment.
HID AND FLUORESCENT LIGHT FIXTURES; AND CLEARANCE ITEMS
These products are sold “AS IS” “WHERE IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES.
LSI warrants cataloged poles against defects in materials and workmanship for a period of one (1) year from date of shipment. LSI will, at its option, replace, repair reimburse or credit 100% of the original purchase price of a defective pole. LSI reserves the right to replace or repair any defective pole utilizing the same or functionally similar products that are new, repaired or reconditioned. The replacement part warranty starts from the original order shipment date. LSI will not pay or reimburse labor costs to replace or repair defective poles.
All LSI poles are warranted to meet listed EPA requirements. Any pole which has a lower EPA rating than the indicated wind-loading zone where the pole will be located is specifically excluded from this warranty. In general, EPA ratings apply to locations 100 miles away from hurricane ocean lines and mountains, which are defined as the Atlantic and Gulf of Mexico coastal areas. Pole locations outside the United States are specifically excluded from this warranty. Pole fatigue, damage or failure caused by or resulting from induced vibration, harmonic vibration or resonance associated with the movement of air currents around the product or by any other local condition are specifically excluded from this warranty. Pole fatigue, damage or failure in any way caused by or resulting from the attachment of banners, flags, streamers, signs, baskets, planters and other extraneous items to a pole that were not part of the originally approved design are specifically excluded from this warranty.
PAINTING – FIXTURE AND POLE PAINT FINISHES
Pole and Outdoor Fixture Finishes: LSI poles and outdoor fixture finishes feature the Dura Grip® baked-on polyester-powder finishing process. The pole finish is warranted for a period of five (5) years from date of shipment against cracking, peeling, or excessive fading. An additional two (2) years is added for the Dura Grip® Plus finish on poles. Some fading, staining or chalking may occur. This is part of the normal aging process and is not a manufacturing defect and therefore not covered by any warranty.
Indoor Fixture Finishes: The indoor fixture finish is warranted for normal indoor use for a period of two (2) years from date of shipment.
Composite Fixtures: The composite fixture finish is warranted for a period of five (5) years from date of shipment against corrosion.
Fixture and Pole Paint Finish Warranty Claims: If during the warranty period the finish of a fixture or pole shows signs of failure, LSI must be promptly notified in writing within sixty (60) days from the initial onset of such failure together with proof of purchase. Transportation, removal, and installation costs are not included in the replacement.
EXCLUSIONS AND LIMITATIONS
THE LIMITED WARRANTY FOR EACH LSI PRODUCT IS EXCLUSIVE AND IS GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY AGAINST INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BUYER’S EXCLUSIVE REMEDY FOR ANY NONCONFORMITY OR DEFECT IN ANY PRODUCT SHALL BE ONLY AS EXPLICITLY SET FORTH HEREIN.
IN NO EVENT SHALL LSI BE LIABLE FOR INCIDENTAL, COMPENSATORY, CONSEQUENTIAL, ECONOMIC, INDIRECT, SPECIAL OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, BUSINESS OR GOODWILL EVEN IF LSI WAS ADVISED OF OR WAS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM THE PURCHASE, RESALE, USE, OR DISPOSAL OF ANY PRODUCT, WHETHER THE CLAIM ARISES UNDER TORT LAW, STRICT LIABILITY, PRINCIPLES OF EQUITY, OR CONTRACT. LSI’S AGGREGATE LIABILITY WITH RESPECT TO A DEFECTIVE PRODUCT SHALL NOT EXCEED AND IN ALL EVENTS BE LIMITED TO THE PURCHASE PRICE OF THAT DEFECTIVE PRODUCT.
LSI WILL NOT HONOR ANY WARRANTY CLAIM WITHIN THE APPLICABLE WARRANTY PERIOD WITHOUT PRIOR WRITTEN APPROVAL AND AUTHORIZATION FROM LSI. THIS LIMITED WARRANTY DOES NOT APPLY TO DAMAGE OR FAILURE TO PERFORM ARISING AS A RESULT OF ANY ACTS OF GOD OR FROM ANY ABUSE, MISUSE, ABNORMAL USE, IMPROPER POWER SUPPLY, POWERS SURGES AND/OR TRANSIENTS, DIPS OR FLUCTUATIONS, CORROSIVE ENVIRONMENTS, NEGLECT, EXPOSURE OR ANY USE OR INSTALLATION IN VIOLATION OF THE INSTRUCTIONS OR RESTRICTIONS PRESCRIBED BY LSI OR ANY APPLICABLE STANDARD OR CODE, INCLUDING THOSE CONTAINED IN THE LATEST NATIONAL ELECTRICAL CODE, STANDARDS FOR SAFETY OF UNDERWRITERS LABORATORY, INC. (UL), THE AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI), OR, IN CANADA, THE CANADIAN STANDARDS ASSOCIATION. NO AGENT, DISTRIBUTOR OR DEALER IS AUTHORIZED TO CHANGE, MODIFY OR EXTEND THE TERMS OF THIS LIMITED WARRANTY ON BEHALF OF LSI. LSI WILL NOT PAY OR REIMBURSE LABOR COSTS, TRAVEL TIME OR EQUIPMENT RENTAL COSTS TO REPLACE OR REPAIR DEFECTIVE LIGHT FIXTURES, LEDS, POLES, COMPONENTS OR ELECTRONICS. ALL WARRANTIES ARE VOID IF THE PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH IT WAS DESIGNED OR IF ANY REPAIRS OR ALTERATIONS ARE MADE THAT HAVE NOT BEEN AUTHORIZED AND APPROVED BY LSI. ALL WARRANTY CLAIMS MUST BE SUBMITTED WITHIN SIXTY DAYS OF THE ONSET OF THE DEFECT. THIS LIMITED WARRANTY IS VOID IF ANY REPAIRS OR ALTERATIONS ARE MADE BY ANY PERSON NOT AUTHORIZED BY LSI IN WRITING.
Effective Date: 3/15/21
THE LIMITED WARRANTY FOR EACH LSI PRODUCT IS EXCLUSIVE AND IS GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMIATION ANY WARRANTY AGAINST INFRINGEMENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. BUYER’S EXCLUSIVE REMEDY FOR ANY NONCONFORMITY OR DEFECT IN ANY PRODUCT SHALL BE ONLY AS EXPLICITLY SET FORTH HEREIN. PRIOR TO UTILIZATION, USER SHALL DETERMINE SUITABILITY OF ALL PRODUCTS FOR THEIR INTENDED USE AND USER SHALL ASSUME ALL RISK AND LIABILITY THEREFORE
IN NO EVENT SHALL LSI BE LIABILE FOR INCIDENTAL, COMPENSATORY, CONSEQUENTIAL, ECONOMIC, INDIRECT, SPECIAL OR OTHER DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, BUSINESS OR GOODWILL EVEN IF LSI WAS ADVISED OF OR WAS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM THE PURCHASE, RESALE, USE, OR DISPOSAL OF ANY PRODUCT, WHETHER THE CLAIM ARISES UNDER TORT LAW, STRICT LIABILITY, PRINCIPLES OF EQUITY, OR CONTRACT. LSI’S AGGREGATE LIABILITY WITH RESPECT TO A DEFECTIVE PRODUCT SHALL NOT EXCEED AND IN ALL EVENTS BE LIMITED TO THE PURCHASE PRICE OF THAT DEFECTIVE PRODUCT.
LSI WILL NOT HONOR ANY WARRANTY CLAIM WITHIN THE APPLICABLE WARRANTY PERIOD WITHOUT PRIOR WRITTEN APPROVAL AND AUTHRORIZATION FROM LSI. THIS LIMITED WARRANTY DOES NOT APPLY TO DAMAGE OR FAILURE TO PERFORM ARISING AS A RESULT OF ANY ACTS OF GOD OR FROM ANY ABUSE, MISUSE, ABNORMAL USE, LSI WILL NOT PAY OR REIMBURSE LABOR COSTS, TRAVEL TIME, DOWNTIME OR EQUIPMENT RENTAL COSTS. ALL WARRANTIES ARE VOID IF THE PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH IT WAS DESIGNED OR IF ANY REPAIRS OR ALTERATIONS ARE MADE THAT HAVE NOT BEEN AUTHORIZED AND APPROVED BY LSI.
March 14, 2022