Terms and Conditions

A.L.P. Online Terms and Conditions

This page contains important information about your interaction with and purchase of goods from A.L.P. Lighting Components, Inc. or any of its affiliates (“A.L.P.”). By using or visiting any websites (including mobile websites), applications, or other services that link to this page, or by purchasing goods from A.L.P. and receiving an order acknowledgment or similar document that refers to this page, you agree to be bound by the terms and conditions that are set forth below.

This page contains the following sections:

  • Product Purchase Terms and Conditions
  • Website Terms and Conditions
  • Website Privacy Policy

Product Purchase Terms and Conditions

General

The sale of A.L.P. goods and services is subject to the following terms and conditions (the “Product Terms”), and to any additional terms and conditions not in conflict with them to which an executive officer of A.L.P. expressly agrees in writing. A.L.P. specifically objects to, and rejects, any contrary terms or conditions contained in any purchase order or similar document concerning A.L.P. goods and services. No acknowledgment of a purchase order by A.L.P. constitutes a waiver by A.L.P. of these Product Terms, unless in writing and signed by an executive officer of A.L.P. The provisions of these Product Terms shall constitute a part of any contract for the sale of A.L.P. goods and services.

Delivery and Risk of Loss

All domestic deliveries are F.O.B. plant of manufacture or designated warehouse unless otherwise arranged and agreed in writing by A.L.P. All international deliveries are Ex Work plant of manufacture or designated warehouse unless otherwise arranged. All risk of damage to, or loss or destruction of, goods passes to customer upon such delivery. Delivery of goods may be in a single delivery or installments.

Pricing

Terms are cash-in-advance unless written credit terms are established between A.L.P. and customer. All prices and terms are subject to change without notice unless otherwise agreed in a writing signed by A.L.P. Quantity pricing of A.L.P. goods is based on the quantity of goods released for shipment within a 30 day period of time. Orders for A.L.P. goods received and acknowledged will be entitled to pricing per A.L.P.’s published price list for such goods in effect on the date the order is received. A.L.P. reserves the right to change pricing on acknowledged orders with 30 days’ notice. A.L.P. will exercise reasonable efforts to provide customers with notice of revisions to its published applicable price list, but assumes no obligation to do so. Prices quoted on custom goods are open for 30 days from the quotation date and are based on estimated quantities, run rate, part weight, machine and material requirements, and other factors, and are subject to adjustment in A.L.P.’s sole discretion. All claims on collect shipments for damages or shortages in transit must be filed by the customer with the carrier. Although title to all goods passes to customer at shipping point, A.L.P. will submit claims on prepaid shipments, provided the shipment is signed for, damaged, or in the case of concealed damage, A.L.P. is notified within 10 days of receipt of shipment. If goods are damaged by the carrier, customer must refuse delivery or notify A.L.P. in writing immediately, or such shipment shall be deemed accepted.

Inspections

Customer shall have no right to inspect any A.L.P. proprietary goods prior to shipment, and customer must inspect such goods within 10 days after their arrival at Customer’s receiving point. Customer must reject, in writing to A.L.P., any nonconforming proprietary goods within such 10 day period. Failure to so reject will be deemed acceptance of such proprietary goods and, if customer has established credit terms, a final waiver of the right to make any inspection prior to payment for the goods.

Customer shall have the right, at its sole expense, to inspect all shipments of A.L.P. custom goods at A.L.P.’s facility at which such goods are produced prior to shipping to customer. If customer exercises its right to inspect A.L.P. custom goods at A.L.P.’s facility, A.L.P. will provide reasonable assistance for the safety and convenience of the inspectors. Such inspection will be deemed as preliminary only and all goods so inspected will be subject to customer’s right to final inspection at receiving point. Failure to so reject will be deemed acceptance of such proprietary goods and, if customer has established credit terms, a final waiver of the right to make any inspection prior to payment for the goods.

Customer will have the right to inspect any other goods within 10 days after their arrival at the receiving point. Failure to make inspection as set forth in this section and provide A.L.P. with written notice specifying any claimed basis for rejection within the appropriate timeframe will constitute Customer’s acceptance of the goods and, if customer has established credit terms, a final waiver of the right to make any inspection prior to payment for the goods.

In the event Customer accepts any goods that are damaged, and Customer makes a claim to A.L.P. concerning such damage, Customer agrees that it will leave such goods unpacked and otherwise intact for a period of no less than 10 days following the date of written claim, and will make such goods available for inspection by A.L.P. representatives, the motor carrier, and/or a third party logistics provider.

Limited Warranty

A.L.P. warrants, for ninety (90) days from the date of delivery, all A.L.P. goods against material defects in workmanship and material. Defects that fall within customary trade tolerances are not grounds for rejection of the A.L.P. goods or a breach of warranty.

Disclaimers

THE WARRANTIES IN THESE TERMS AND CONDITIONS ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH ARE EXPRESSLY DISCLAIMED AND EXCLUDED. A.L.P. SHALL NOT BE LIABLE FOR LOSS, DAMAGE, OR EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM THE USE OF THE GOODS OR FROM ANY OTHER CAUSES. A.L.P.’S LIABILITY IS EXPRESSLY LIMITED TO THE REPLACEMENT OR CREDIT FOR THE VALUE OF THE DEFECTIVE MATERIAL.

A.L.P. MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE FREEDOM OF CUSTOM GOODS FROM CLAIMS OF INFRINGEMENT BY A THIRD PARTY ARISING FROM TRADEMARK, PATENT, OR OTHER PROPERTY RIGHTS IN SUCH GOODS.

No goods may be returned unless customer receives prior written from A.L.P. Returned goods must be returned freight prepaid within ninety (90) days of delivery and will be subject to a 40% restocking charge. Cut panels and special order items are not returnable. A.L.P. goods which are nonconforming, or which are shipped in error by A.L.P. may be returned within ninety (90) days of delivery for full credit or replacement, at A.L.P.’s option, normal freight allowed. A.L.P. shall have no liability for goods damaged in shipment. THIS SECTION STATES THE SOLE AND EXCLUSIVE REMEDIES FOR A.L.P.’s BREACH OF WARRANTY.

Limitation of Liability

TO THE GREATEST EXTENT UNDER APPLICABLE LAW, THE MAXIMUM LIABILITY, IF ANY, OF A.L.P. FOR ALL DAMAGES, INCLUDING WITHOUT LIMITATION CONTRACT DAMAGES AND DAMAGES FOR INJURIES TO PERSONS OR PROPERTY, WHETHER ARISING FROM A.L.P.’S BREACH OF THESE PRODUCT TERMS, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, WITH RESPECT TO A.L.P. GOODS, OR ANY SERVICES IN CONNECTION WITH A.L.P. GOODS, IS LIMITED TO AN AMOUNT NOT TO EXCEED THE PURCHASE PRICE OF THE A.L.P. GOODS THAT WERE DEFECTIVE OR GAVE RISE TO SUCH DAMAGES. IN NO EVENT SHALL A.L.P. BE LIABLE TO A CUSTOMER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES AND PROFITS, LOSS OF BUSINESS, DOWNTIME, PROPERTY DAMAGE, LOSS OF GOODWILL OR ANY ECONOMIC DAMAGES OR LOSS OF ANY KIND, WITHER FORESEEABLE OR NOT AND WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Publicity

Customer shall not make or authorize any news release, advertisement or other disclosure which directly or indirectly identifies A.L.P. as the source of goods without the prior written consent of A.L.P., except as may be required to comply with these Product Terms.

Force Majeure

A.L.P. shall not be liable for any delay or inability to provide customer with A.L.P. goods due to fire, an Act of God, governmental order or regulation, or other unforeseeable causes beyond its reasonable control and without its fault.

Governing Law and Choice of Forum

These Product Terms will be governed in all respects by the laws of the State of Illinois as they apply to agreements entered into and to be performed entirely within Illinois between Illinois residents, without regard to conflict of law provisions. Both parties agree that any claim or dispute between them must be resolved exclusively by a state or federal court located in Cook County, Illinois. Both parties agree to submit to the personal jurisdiction of the courts located within Cook County, Illinois for the purpose of litigating all such claims or disputes, and hereby waive all claims of forum non conveniens.

Amendment

These Product Terms may only be amended in a writing signed by customer and an executive officer of A.L.P.

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Website Terms and Conditions

Please review these Website Terms and Conditions. All access to and use of this site and all websites (including mobile websites), applications, or other services on which these terms reside (collectively the “A.L.P. Platform”), and the features and functions on the A.L.P. Platform, are subject to these Website Terms and Conditions including any terms, conditions, policies and notices linked or referenced from here. By accessing the A.L.P. Platform in any way, including, without limitation, browsing the A.L.P. Platform, using any information contained on or in the A.L.P. Platform, and/or submitting information to A.L.P., you agree to and are bound by the Website Terms and Conditions, including, but not limited to, conducting transactions electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of Illinois law.

From time to time A.L.P. may update these Website Terms and Conditions. Your use of the A.L.P. Platform after any changes to these Website Terms and Conditions are posted constitutes your agreement to those changes. You agree to review these Website Terms and Conditions periodically to ensure that you are familiar with the most recent version. A.L.P. may, in its sole discretion, and at any time, change or discontinue the A.L.P. Platform or any part thereof, with or without notice, or may prevent your use of the A.L.P. Platform with or without notice. You agree that you do not have any rights in the A.L.P. Platform and that A.L.P. will have no liability to you if the A.L.P. Platform is discontinued or your ability to access the A.L.P. Platform or any content you may have posted on the A.L.P. Platform is terminated.

By accessing or linking to the A.L.P. Platform, you assume the risk that the information on the A.L.P. Platform may be incomplete, inaccurate, or out of date, or may not meet your needs and requirements. A.L.P. may add, change, discontinue, remove or suspend any of the information, features and other content included in the A.L.P. Platform at any time, without notice and without liability. Due to the open nature of the A.L.P. Platform, and the potential for errors in the storage and transmission of digital information, A.L.P. does not warrant the accuracy of information contained on or obtained from the A.L.P. Platform.

License and Access to A.L.P. Platform

A.L.P. grants you a limited license to access and make use of the A.L.P. Platform solely for legitimate business purposes, subject to these Website Terms and Conditions. Any access or attempt to access other areas of any A.L.P. computer system or other information contained on the system for any other purposes is strictly prohibited. When using the A.L.P. Platform, you agree to not use the A.L.P. Platform for any commercial transactions that are unrelated to the purposes for which the A.L.P. Platform was provided; A.L.P.

Content

Content on the A.L.P. Platform that is provided by A.L.P. or its licensors, including certain graphics, photographs, images, screen shots, text, digitally downloadable files, trademarks, logos, product, service and program names, slogans, and the compilation of the foregoing (“A.L.P. Content”) is the property of A.L.P. or its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You agree not to download, display, or use any A.L.P. Content for use in any publications, in public performances, or on websites or applications other than the A.L.P. Platform for any unpermitted commercial purpose, in connection with products or services that are not those of A.L.P., in any other manner that is likely to cause confusion, that disparages or discredits A.L.P. and/or its licensors, or that dilutes the strength of A.L.P.’s or its licensor’s intellectual property, or that otherwise infringes A.L.P.’s or its licensors’ intellectual property rights (including through use of screen scraping, web harvesting, data extraction, or similar software or technologies). You further agree not to misuse any A.L.P. Content in any other manner.

The A.L.P. Platform may include third party technology, services, software, applications, and links to third party websites (“Technology”). A.L.P. is not responsible for the practices or policies of such third parties, nor the content of any third party website or application, and does not make any representation regarding third party product or Technology, or content or accuracy of any material on such websites or applications. If you decide to use any such third party website or application, you do so at your own risk.

Indemnification

You agree to indemnify, defend and hold A.L.P., its parents, affiliates, subsidiaries, officers, employees, and website contractors, and each of their officers, employees and agents, harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of the Website Terms and Conditions.

Representations and Limitations of Liability

A.L.P. makes no representations about the reliability of the features or functions of the A.L.P. Platform, the Content, or any other A.L.P. Platform feature or function, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. A.L.P. makes no representations regarding the amount of time that any Content will be preserved. You acknowledge and agree that any use or reliance on any Content will be at your own risk and you are solely responsible for any such use or reliance. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by A.L.P. without the prior review and written approval of A.L.P.

THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, ACCURACY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR TECHNOLOGY THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL A.L.P. OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL A.L.P. OR ITS LICENSORS BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND A.L.P.’S OR ITS LICENSORS’ REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE’S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL A.L.P., ITS AFFILIATES, AGENTS, OR LICENSORS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF A.L.P. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Cross Reference Information

Product cross-reference comparisons or product alternatives that are presented do not imply that all products compared are available or perfectly comparable. CROSS-REFERENCED PRODUCTS ARE NOT REPRESENTED OR WARRANTED AS FUNCTIONAL OR PERFORMANCE EQUIVALENTS. Review all cross-referenced product specifications prior to purchase and use to determine suitability of the product for your intended use.

Hypertext Links

The A.L.P. Platform may be linked to other sites which are not maintained by A.L.P. A.L.P. is not responsible for the content of or privacy or other policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by A.L.P. of the linked sites. A.L.P. disclaims any liability for links: (a) from another site to the A.L.P. Platform, and (b) to another site from the A.L.P. Platform.

Trademarks

Trademarks, trade names, product names and logos (the “Trademarks”) contained in or used by the A.L.P. Platform or third party Technology are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner.

Miscellaneous

These Website Terms and Conditions will be governed in all respects by the laws of the State of Illinois as they apply to agreements entered into and to be performed entirely within Illinois between Illinois residents, without regard to conflict of law provisions. Both parties agree that any claim or dispute between them must be resolved exclusively by a state or federal court located in Cook County, Illinois. Both parties agree to submit to the personal jurisdiction of the courts located within Cook County, Illinois for the purpose of litigating all such claims or disputes, and hereby waive all claims of forum non conveniens.

On certain areas of the A.L.P. Platform, you may be given the ability to provide A.L.P. with personally identifiable information. Please read the A.L.P. Privacy Policy for more information about A.L.P.’s information collection and use practices, which policy applies to information collected on the A.L.P. Platform and your use of the A.L.P. Platform is subject to that policy.

If A.L.P. fails to act with respect to your breach or anyone else’s breach on any occasion, A.L.P. is not waiving its right to act with respect to future or similar breaches.

If any provision of these Website Terms and Conditions shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Website Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions of these Website Terms and Conditions.

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A.L.P. Privacy Policy

A.L.P. takes your privacy seriously. Our policy is clear: we collect no personally identifiable information about you when you use any websites (including mobile websites), applications, or other online services provided by A.L.P. unless you provide that information to us. Unless we have your authorization or are required to do so by law or other extraordinary circumstances, we will not share with any third party the personally identifiable information that we obtain from you.

What This Privacy Policy Covers

This Privacy Policy covers our treatment of information we collect when you use any websites (including mobile websites), applications, or other online services provided by A.L.P. This policy does not describe information collection policies on websites not provided by A.L.P., including those linked to from any A.L.P. website. It also does not cover information you may choose to share with other users of any A.L.P. website.

The Information We Collect

We do not collect any personally identifiable information about you other than that which you affirmatively choose to submit to us, such as your e-mail address, postal address and name.

From time to time we automatically collect certain non-personally identifiable information when you visit an A.L.P. website, such as the IP address of your computer, the time and date of your visit, the pages that you access, and the number of times you return to the website. This information is not used to identify you, but is used in the aggregate for A.L.P.’s internal marketing and similar purposes. This process may involve the automatic placement of a small, removable text file (commonly referred to as a “cookie”) on your computer’s hard drive.

How We Use the Personally Identifiable Information We Collect

We may use the personally identifiable information we collect to communicate with you from time to time on topics that we believe may be of interest to you. You may notify us of any changes in your personal information, or request that such information be removed from our records by e-mail to marketingemail@alplighting.com. Please be aware, however, that if you choose to have your personally identifiable information removed from our records, you will no longer be able to receive certain updated information from A.L.P., or participate in various functions of the A.L.P. website.

We may disclose information about you to third parties if we have a good-faith belief that we are required to do so by law or legal process, to respond to legal claims, or to protect the rights, property or safety of A.L.P. or others.

Changes to This Privacy Policy

A.L.P. may revise and update this Privacy Policy at any time. We will notify you by email at the address we have on file if there are any material changes to this Privacy Policy. Your continued use of any A.L.P. website after receiving notice of any changes in this Privacy Policy will mean you accept those changes.

Last Update

This Privacy Policy was last updated on, and is effective as of, April 27, 2017.

Contact Information

Questions or comments regarding this Privacy Policy should be sent by e-mail to marketingemail@alplighting.com or by U.S. mail to

A.L.P.

Attention:  Marketing Department

6333 W Gross Point Rd,

Niles, IL 60714