TERMS AND CONDITIONS
TERMS
All Mule Lighting products and divisions’ products – NET 30 Days, unless otherwise quoted in
fees and costs will be assessed on all past due accounts. Any applicable payment discounts
shall not apply to other charges such as shipping, taxes or insurance.
FREIGHT ALLOWANCE
Mule Lighting and LEDalux Division products may be combined on an order to qualify for freight
allowance. For shipments outside the contiguous United States, contact factory for applicable
terms & conditions. All shipments are F.O.B. our factory, vendors, Distribution Centers or Field
Warehouses: All orders for Mule Lighting products having a distributor price of $1,500 or more
for one consignee for one shipment qualify for freight allowance. All Mule Lighting orders having
a distributor price less than $1,500 will be assessed freight and handling charges. ALL
SHIPMENTS – For all orders that qualify for freight allowance, we reserve the right to select the
carrier and to route shipments at our discretion. We will ship in the manner selected by the
customer provided the customer assumes any additional transportation costs. PARTIAL
RELEASES –If an order has multiple releases specified by the Buyer, each release will be
treated as individual orders, relative to freight allowance and minimum billing.
LEAD TIMES
The shipment date is an approximation for the date of shipment. Please consult with our
Customer Service team for delivery information if specific timing is critical. Mule Lighting cannot
be held responsible for delayed delivery and will not accept any back charge or penalty
(including expedited freight) without prior managerial written approval.
TRANSPORTATION CLAIMS
Our products are tested for mechanical defects prior to shipping. Our packaging is regularly
inspected for both apparent and concealed damages sustained by improper handling. Title
passes to purchaser upon delivery by us to the carrier, and all claims for damages or shortages
in transit shall be made by purchaser with the delivering carrier. Bills of Lading marked with
“Shippers Load and Count” do not constitute a transfer of liability for the freight or damages
from the consignee to Mule Lighting. Mule Lighting will not provide credit for short shipment or
damages that are not reported within five (5) business days of receipt of shipment.
PACKAGING
The company reserves the right to optimize packaging at our discretion. Some products may
only be available in bulk package multiples or case quantities.
PRICES
Prices are subject to change without notice. In the event of a price increase, all accepted orders
on hand will be filled at lower prices provided such orders are released for shipping prior to the
effective date of the price increase. If the orders are not released for shipment prior to the price
increase, the orders will be billed at prices in effect at the time of shipment. Special quoted
orders that cannot be released for shipping prior to the price increase may be subject to an
increase in price. Orders marked HOLD or HOLD FOR RELEASE will be billed at the prices in
effect on the date that shipment is requested. Minimum billing for all products or parts orders is
$100 net. Prices do not include lamps unless so specified. Typographical or clerical errors
including but not limited to published price sheets, quotations, orders, or acknowledgment are
subject to correction.
TAXES:
Buyer will pay any and all applicable sales tax or use tax, if any, plus any other applicable
federal, state, or local taxes. All prices, quotations, orders and agreements are subject to said
taxes and will be added to the invoice unless legal proof of exemption is provided.
RETURN OF GENERAL MERCHANDISE
Merchandise is not returnable without the written approval of Mule Lighting. Request for a return
must be made in writing within 30 days from the date of shipment. Any material returned without
authorization will be returned to the customer, freight collect, and no credit will be issued.
Freight shipments to the return location will be prepaid by the customer. All material must be
received in a saleable condition and in the original packaging. Products will be inspected upon
return to determine whether it will be repaired or replaced as long as it is within the warranty
period. Returns will not be issued for discontinued products. All non-stock, special, custom
made or outdated and modified versions of normal factory stock items are non-returnable, this
includes poles.
RETURN OF DISTRIBUTOR’S STOCK MERCHANDISE
No merchandise may be returned without prior written authorization. Requests to return
merchandise must be made with our sales representatives for transmittal to Mule Lighting within
six (6) months from date of shipment by Mule Lighting. All returns must be shipped prepaid to
the location designated on the return authorization. Credit will be issued based on the original
invoice price, or price in effect at time of return, whichever is lower, less a minimum disposition
charge of 30% (to defray our cost of handling). All returned product must be in saleable
condition in order to qualify for credit.
LIMITED WARRANTY
Mule Lighting warrants all products sold hereunder to be free from defect in manufacturing,
under normal and proper storage, installation, and use, for the period designated on the
Warranty Statement, calculated from the date of shipment (excluding fuses and lamps). All
items including batteries must be installed within 3 months from the date of shipment and be stored in temperatures between 0-25C for the battery warranty to be in effect.
BATTERY WARRANTY
Mule Lighting batteries are warranted as illustrated on the Warranty Statement. The Pro Rata
Warranty Period for batteries begins on the date the full warranty ends. A battery determined to
be defective during the Pro Rata Warranty Period shall be repaired or replaced at a cost equal
to the net price in effect at the time, reduced by the percentage obtained in multiplying 20% by
the number of full years remaining in the total warranty period. Such repair or replacement at
this adjusted price shall be the purchaser’s exclusive remedy.
Pro Rata Example: Battery concern develops at the beginning of year four of a five year
warranty (One year full, 4 Pro Rata = Five year total warranty period). Net Battery Cost: $20.00.
Each year of the five year warranty is valued at 20%; therefore you would subtract 60% (20%
for each of the three years the battery has been in service in this example) from the $20.00 net
cost, or $12.00. The Pro Rata Warranty would cover $8.00 or 40% of the remaining battery
value.
Should a defect in the unit or batteries occur within the specified full warranty period, Mule will
repair or replace equipment without charge at Mule’s discretion. Such repair or replacement
shall be the purchaser’s exclusive remedy. Our liability extends only to the repair or replacement
of the defective part, Buyer is responsible for all costs to de-install defective products and re-
install replacement or repaired products and Mule Lighting will not be liable for labor or other
costs related to de-installation or re-installation.
Mule Lighting shall not be liable for damages that result from deliveries that do not occur within
a customer’s specified time frame or for any delay or default in delivering products where
occasioned by any cause beyond the control of Mule Lighting, including without limitation
embargoes; shortages of labor, raw materials, or fuel; fires; floods; accidents; acts of war; or
other similar causes.
On products furnished by Mule Lighting, but manufactured by others, Mule Lighting passes
through any warranty from the manufacturer thereof and makes no separate or additional
warranty. Warranty limitations are the same as above.
THE FOREGOING WARRANTY TERMS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES. MULE LIGHTING MAKES NO REPRESENTATIONS OR WARRANTIES
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, AND MULE
LIGHTING EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO DISTRIBUTOR OR
SUPPLIER OF MULE LIGHTING HAS THE AUTHORITY TO MODIFY OR AMEND THIS
LIMITED WARRANTY.
LIMITATION OF LIABILITY
The foregoing limited warranty provides the purchaser’s sole and exclusive remedy relating to
Mule Lighting’s products. The total liability of Mule Lighting on any and all claims of any kind,
whether in contract, warranty, tort (including negligence), strict liability or otherwise, arising out
of or in connection with, or resulting from, Mule Lighting’s performance or breach of the
foregoing limited warranty or from Mule Lighting’s sale, delivery, repair, or replacement of any
products, or the furnishing of any services, shall in no event exceed the purchase price allocable
to the specific product which gives rise to the claim, and any and all such liability shall terminate
upon the expiration of the limited warranty set forth above. IN NO EVENT SHALL MULE
LIGHTING BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES,
WHETHER AS THE RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING
NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY.)
CANCELLATION CHARGE
All order cancellation requests must be made in writing and accepted by Mule Lighting. Orders
for standard product that have not started production can be cancelled without penalty. Orders
for custom product that have not started production are subject to fees and charges associated
with the procurement, tooling and staging methods utilized in preparation for production. Orders
that have entered into the production state may not be cancelled unless we are reimbursed for
work already performed. If Mule Lighting allows for said cancellation, full reimbursement of any
special materials, tooling etc. purchased by our company to satisfy an order will be due in full. If
an order is cancelled after shipment or if delivery is refused at destination, all warehousing,
delivery, disposition and return costs will be charged to the customer.
GENERAL
Mule Lighting price sheets are not offers to sell, and possession of a price sheet does not entitle
one to purchase. Mule Lighting shall not be bound to sell any products unless it shall (in its sole
discretion) accept submitted purchase orders. Specifications are subject to change without
notice. Consult factory for verification. The compliance of our product to individual project
specifications and the approval for their use is not warranted by our company. If purchaser does
not pay the purchase price within the time periods set forth above, Mule Lighting reserves the
right to assess a finance charge on any unpaid, past due balance up to the maximum legal rate.
If any amount due Mule Lighting is collected by or attempted to be collected through an attorney
at law, Mule Lighting shall be entitled to recover all collection expenses, including attorney’s
fees.
INTELLECTUAL PROPERTY AND CONFIDENTIALITY
Buyer agrees that all information furnished by Mule Lighting in connection with the sale of items
will be confidential. The Buyer agrees not to disclose any such information to any other person
or use such information for any purposes other than performance hereunder. Buyer
acknowledges and agrees that the Mule Lighting logo and all copyrights, patents and other Mule
Lighting intellectual property are owned exclusively by Mule Lighting. Buyer will not adopt or
attempt to register any trademark, service mark, trade name, company name, internet domain
name or other proprietary designation that is identical or confusingly similar to any of Mule
Lighting marks or logos. Buyer will not make, use or copy any Mule Lighting material that is the
same or substantially similar to any Mule Lighting copyright or patent. Provided that Buyer is in
good standing with Mule Lighting and not in breach of this Agreement, and subject to
compliance with the Minimum Advertised Pricing and Internet Advertising Policy, the foregoing
will not prevent Buyer from: (a) accurately identifying the Mule Lighting products as offered for
sale to consumers by Buyer provided that all such use of the Mule Lighting mark or logo by
Buyer will inure to the benefit of Mule Lighting; and (b) using Mule Lighting photographs and
descriptions of Mule Lighting products solely to promote sales of the Mule Lighting products.
Any other use of any Mule Lighting marks and logos or Mule Lighting copyrighted material is
prohibited without Mule Lighting’s prior written consent. Buyer and Mule Lighting are
independent contractors. Buyer will not hold itself out as an agent of Mule Lighting or otherwise
misstate or misrepresent its relationship to Mule Lighting.
GOVERNING LAW
These Terms & Conditions and Agreement shall be governed by the laws of the State of Rhode
Island. Buyer consents to the personal jurisdiction and venue of the courts of the State of Rhode
Island. Any legal or equitable claim of any nature arising hereunder will be filed and maintained
in the state or federal courts in the State of Rhode Island and Buyer agrees that such courts are
a convenient forum for adjudication. In the event that suit is necessary to recover amounts owed
Mule Lighting, Buyer shall be liable for reasonable attorney’s fees, interest and costs of
collection. No agreement or understanding varying the terms and conditions hereof shall be
binding upon either party hereto unless in writing attached hereto and signed by duly authorized
representatives of both parties. This Agreement shall inure to the benefit of and be binding upon
the parties hereto and their respective successors and assigns.
ACCEPTANCE:
Acceptance of orders can be made only at our plants, Distribution Centers or Field Warehouses
for warehouse orders on the basis of these terms and conditions of sale. Mule Lighting will not
accept orders that require customer furnished components.
ENTIRE AGREEMENT:
Except as expressly agreed in writing signed by Mule Lighting, the terms and conditions stated
above shall constitute the entire sales agreement between Mule Lighting and the purchaser.
Any contrary or additional terms or conditions submitted by the purchaser (other than the
description of the products being ordered and the requested quantities, shipping date, and
shipping location contained in purchaser’s purchase order) shall be deemed to be of no force or
effect and are hereby rejected. Purchaser’s submission of a purchase order shall indicate
purchaser’s acknowledgment of and in agreement with these Terms and Conditions.
Mule Lighting reserves the right to change these Terms and Conditions of Sale without notice.
46 Baker Street, Providence, RI 02905 Phone: (800) 556-7690 Fax: (401) 941-2929