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TERMS AND CONDITIONS

THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR PURCHASE OF ANY PRODUCT OFFERED BY WEST COAST LIGHTING OF S.W. FLA. ON WWW.WCLIGHTING.COM. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. THEY CONTAIN VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY PLACING AN ORDER, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED AND HAVE AGREED TO BE BOUND BY THESE TERMS OF SALE, WITHOUT LIMITATION OR QUALIFICATIONS. THESE TERMS AND CONDITIONS ARE SUBJECT TO MODIFICATION WITHOUT PRIOR WRITTEN NOTICE AND AT ANY TIME IN WEST COAST LIGHTING OF S.W. FLA SOLE DISCRETION.

1. Price Errors: We Strive for a 100% error-free Site. Should product price errors be discovered, they are promptly corrected on our site, and the corrected price will apply. We will notify you if your order includes items that were incorrectly priced.

2. Advertised Products: We reserve the right to substitute any advertised product brand, if the advertised brand is unavailable at the time the order is placed. However the substitute will be of the equivalent quality and specifications of the product ordered

3. Products: West Coast Lighting of S.W. Fla. may discontinue any product at any time without notice. The product prices displayed on this Site do not include shipping and handling or sales taxes, if applicable, which will be added to your total invoice price.

4. Orders: Orders are not binding upon West Coast Lighting of S.W. Fla. until accepted. West Coast Lighting of S.W. Fla. reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to the acceptance of any order.

5. Sales Tax: You are responsible for the payment of any state and local sales or use taxes that may apply to your order. The sales tax is calculated based on the full invoice price, and may include charges for shipping and handling if required by law. By law, West Coast Lighting of S.W. Fla. must collect sales tax for orders SHIPPED to the state of Florida.

6. Payment: West Coast Lighting of S.W. Fla. accepts Purchase Orders from Commercial Customers who have received West Coast Lighting of S.W. Fla Credit Application approval. Terms are NET 30 DAYS, Sorry no COD's.
We do not accept personal or individual term accounts. Payment can also be made with valid Visa, MasterCard, American Express and Discover credit cards. To apply for West Coast Lighting of S.W. Fla. Credit, please print credit application and fill out then fax to 1-239-694-5580. Your credit card will be charged once your order is shipped for delivery.

7. Delivery: If you order by 2 p.m. Eastern Time, the in-stock items ordered would be shipped that day (Monday through Friday) excluding holidays via ground transportation to most locations. You may also select blue 2nd business day air, orange 3rd business day, next day air or the service you want, for an additional charge. While West Coast Lighting of S.W. Fla. will make every reasonable effort to ship your orders within these time frames, West Coast Lighting of S.W. Fla. is not responsible or liable for any delay in receiving or completing your order that is caused by an event beyond West Coast Lighting of S.W. Fla. reasonable control. Such events may include, but are not limited to, fire, flood, accident, strike, riot, civil commotion, act of God, war or other hostilities, acts or omissions of carriers, transmitters, phone companies, Internet Service Providers or Internet backbone providers or a failure, interruption or delay of the server or this Site caused by an event outside the direct control of West Coast Lighting of S.W. Fla., including without limitation, power outages or attacks on this Site such as by persons known as "hackers."

8. Shipping Charges: We ship regular FedEx or UPS ground, within the 48 continuous States, for regular ground a shipping charge of $7.90 will apply per order. Additional shipping charges will apply to orders shipped outside the 48 continuous states and to orders shipped via upgraded services (Next Day, 2nd Day, etc). Shipping charges along with any charged Freight are non-refundable in occurrences where West Coast Lighting has made no error in merchandizing or shipping.

9. International Shipments: Currently, West Coast Lighting of S.W. Fla. can only ship your order to addresses within the United States, US Territories, Canada.

10.Order Confirmations:
You will receive an e-mail confirmation of your order. Then an e-mail with your tracking information once your order is shipped.

11. Warranties: All products that have a warranty from the manufacturer are listed in the product description all other products are sold "AS IS," and West Coast Lighting of S.W. Fla. disclaims all warranties of any kind RELATING TO THE PRODUCTS OR USE THEREOF, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE OR FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions may not allow the exclusion of certain implied warranties, so some of the above exclusions may not apply to you.

12. Fluorescent Tubes: Fluorescent tubes, and fixtures four foot and longer may be delivered by a trucking company and are only delivered in Full case quantity only. Most Fluorescent tubes are packed 25 or 30 to a case. Fluorescent tubes are not returnable, as most carriers are reluctant to ship these items. Please select carefully before placing your order for these items.

13. Merchandise Returns: Unused items may be returned, within 21 days, in the original packaging for credit or exchange. Non-defective items returned for credit will have a 20% restocking fee deducted from credit. If you have made an error in selecting a product, you may exchange the item/s however we are not responsible for return shipping charges. Please call 1-888-434-3473 to obtain a Returned Goods Authorization (RGA#) before returning any product. We do not accept return shipments without a RGA number.

14. Mistaken & Damaged Shipments: will replace the order and refund any applicable shipping costs if we made an error with your order. Please note any obvious damage or shortage while applying your signature at the time of delivery and make all claims for replacement or credit within 15 days of delivery. To return any mistaken or damaged item, please call 1- 888-434-3473 to obtain a Returned Goods Authorization (RGA#). For damaged orders, keep the original box and all packaging materials for possible inspection by the carrier and/or return to West Coast Lighting of S.W. Fla.

15.Inspect Your Merchandise: When you receive an item that is shipped to you from a freight company, whether it is being delivered to your location or to a freight terminal, be sure to open the box or crate and inspect the merchandise before accepting and signing for delivery. We cannot be held responsible for any costs incurred to replace damaged merchandise that has been accepted and signed for. If you discover upon inspection that the merchandise is damaged, simply refuse to accept the delivery and we will replace that item at no additional cost to you once we receive the returned item from the freight carrier.

16.Refused Merchandise: Refused merchandise without receiving an RGA# from a West Coast Lighting of S.W. Fla. Representative, will not be accepted and will be returned to the customer at their expense.

17. Lead-Time: Lead times vary between manufacturers. The lead times quoted are approximate. Although, in most cases, you will receive your merchandise before the end of the lead-time, back orders may occur which will delay the shipment of merchandise.

18.Cancelled Orders: If no portion of your order has shipped you may cancel your order within 72 hours of the time the order is placed. Cancellations may only be made via e-mail, no other method will be accepted.

19.Custom Orders:
Orders for custom-made merchandise are non-cancelable and non-refundable

20. Limitation of Liability: TO THE MAXIMUM EXTENT ALLOWED BY LAW, WEST COAST LIGHTING OF S.W. FLA. SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME), ARISING FROM ANY CLAIM RELATING TO THESE TERMS OF SALE, THIS SITE, PRODUCT(S) OR ORDER(S), WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF WEST COAST LIGHTING OF S.W. FLA. EXCEED THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE APPLICABLE ORDER OR PRODUCT OUT OF WHICH LIABILITY AROSE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

21. Severability: If any provision of these Terms of Sale are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbitral tribunal, such provision shall be deemed severed from these Terms of Sale and the validity of the remainder of these Terms of Sale shall not be affected thereby.

22. Governing Law: These Terms of Sale shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be enforced wholly within the State of Florida.

23. Arbitration: Any dispute or disagreement arising out of these Terms of Sale, or breach thereof shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Such arbitration shall be held in Ft. Myers, Florida.

24. Jurisdiction and Venue: You and West Coast Lighting of S.W. Fla. (collectively the "Parties;" individually a "Party") irrevocably agree that any legal action, suit or proceeding brought by it in any way arising out of these Terms of Sale must be brought solely and exclusively in the federal or state courts of the State of Florida located in the City of Ft. Myers, Florida, and irrevocably accept and submits to the sole and exclusive jurisdiction of each of the aforesaid courts in person, generally and unconditionally with respect to any action, suit or proceeding brought by it or against it by the other Party.

25. Waivers and Amendments: The waiver by either Party of any provision of these Terms of Sale on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms of Sale on any other occasion or upon any other circumstances. These Terms of Sale may be waived or amended only in writing signed by the Parties.