HAVEN LIGHTING TERMS AND CONDITIONSFOR SERVICES AND PRODUCTS
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY OBTAINING SERVICES OR ORDERING PRODUCTS FROM HAVEN LIGHTING, INC. YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS. YOU MAY NOT OBTAIN SERVICES OR ORDER PRODUCTS FROM HAVEN LIGHTING, INC. UNLESS YOU AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY.
These services and products are being offered by Haven Lighting, Inc. and its subsidiaries (collectively “Haven Lighting”, “we”, “us”, or “ours”). These Terms and Conditions (“Terms”) govern your legal rights to use or obtain services (“Services”) and products (“Products”) from Haven Lighting, including, but not limited to, via Haven Lighting’s website at https://havenlighting.com (“Website’). These Terms are subject to change at any time without prior written notice by Haven Lighting. Please review these Terms in their entirety prior to engaging in any transaction with Haven Lighting.
I. SERVICES AND PRODUCTS
Haven Lighting offers for sale certain Services and Products. By placing an order for Services or Products from Haven Lighting, you agree to the terms and conditions set forth in these Terms.
When placing an order with Haven Lighting whether online or otherwise, you are effectively offering to purchase whatever Services and Products you select. We reserve the right to accept or reject any order in our own discretion. We may provide you with an email confirmation or quote for the Services and/or Products (the “Quote”), which you can then accept to form a binding agreement
All applicable prices are set forth alongside the Services and Products offered on the Quote or Website. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit card, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal) or other method acceptable to Haven Lighting. By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
If any Products require shipping, it is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. We shall not be responsible for any delays in shipments.
II. REPRESENTATIONS & WARRANTIES (“R&W”); DISCLAIMERS; LIMITATIONS ON LIABILITIES
(a) Your R&Ws.You represent and warrant to Haven Lighting as follows: (i) that you have the right to enter into any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the Services and Products provided hereunder exactly as authorized and never in any way that would violate any applicable law or third party right of any kind; and (iii) that you are buying Services or Products from Haven Lighting solely for your own use, and not for resale and/or export.
(b) Haven Lighting’s Limited Services Warranty.
Haven Lighting offers many types of Services. Those Services include the services offered by the Haven Lighting Service Contract and the Haven Lighting Maintenance Contract. Should you enter into either a Haven Lighting Service Contract or the Haven Lighting Maintenance Contract, the terms and conditions in those contracts shall control your relationship with Haven Lighting and Haven Lighting’s Limited Services Warranty shall not apply to you. For all other Services:
Haven Lighting represents and warrants to you that it shall perform the Services using personnel of required skill, experience, and qualifications and in a professional and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under these Terms.
Haven Lighting shall not be liable for a breach of the warranty set forth in Section II(b) unless you give written notice of the defective Services, reasonably described, to Haven Lighting within 30 days of the time when you discover or ought to have discovered that the Services were defective.
Subject to Section II(b) Haven Lighting shall, in its sole discretion, either: repair or re-perform such Services (or the defective part); or credit or refund the price of such Services at the pro rata contract rate.
THE REMEDIES SET FORTH IN SECTION II(b) SHALL BE THE YOUR SOLE AND EXCLUSIVE REMEDY AND HAVEN LIGHTING'S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION II(b).
(c) Haven Lighting’s Limited Products Warranty.
EXCEPT FOR THE L SERIES PRODUCTS (AS DEFINED BELOW), HAVEN LIGHTING WARRANTS THAT THE PRODUCTS WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP FOR ONE (1) YEAR FROM THE DATE OF PURCHASE BY THE ORIGINAL PURCHASER (“ORIGINAL PURCHASER”).
SIGNIFICANT PRODUCT EXPOSURE TO CHEMICALS, HARSH CLEANERS, SALT WATER OR SALT AIR WILL VOID ANY AND ALL WARRANTIES ON EXTERIOR FINISHES. HAVEN LIGHTING WARRANTIES ONLY APPLY TO PRODUCTS THAT HAVEN LIGHTING, IN ITS SOLE DISCRETION, DETERMINES HAVE BEEN PROPERLY INSTALLED. HAVEN LIGHTING WARRANTIES ONLY APPLY TO PRODUCTS PURCHASED DIRECTLY FROM HAVEN LIGHTING AND NOT FROM A RESELLER.
HAVEN LIGHTING LIMITS THE DURATION OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO ONE (1) YEAR FROM THE DATE OF PURCHASE BY THE ORIGINAL PURCHASER.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
L Series Product Warranty Exceptions:
L Series Products are the products that begin with 9 or 6 in the part number. L Series Products are covered by the one year (1) limited warranty except as follows:
Remedies and Claim Procedure:
WITH RESPECT TO ANY DEFECTIVE PRODUCTS RETURNED DURING THE WARRANTY PERIOD, HAVEN LIGHTING WILL, IN ITS SOLE DISCRETION, EITHER (I) REPAIR OR REPLACE SUCH PRODUCTS (OR THE DEFECTIVE PART) FREE OF CHARGE OR (II) REFUND THE PURCHASE PRICE OF SUCH PRODUCTS.
To obtain warranty service, please email Haven Lighting to obtain a return authorization number (“Return Number”). The Original Purchaser shall return, postage paid, any allegedly defective parts or products to Haven Lighting with the Return Number, proof of purchase, Original Purchaser’s name and return address, and a description of the claimed product defect.
Limited Warranty Exclusions:
ALL WARRANTY TIME PERIODS START ON THE DATE OF PURCHASE BY ORIGINAL PURCHASER AND ARE NOT TRANSFERABLE TO ANY OTHER PERSON (E.G. SUBSEQUENT OWNER).
The warranty only applies when all components, including transformers and power supplies, have been provided by Haven Lighting. Substituting another manufacturer’s product and/or components will render the limited warranty completely void.
This warranty does not apply to any product that has been damaged due to: (i) improper installation, use or care, (ii) abuse, mishandling, or improper storage, (iii) connection to voltage outside of the North American Standard Voltage Range 108 to 132 VAC (60HZ), (iv) use in an environment where the annual average ambient operating temperature is below 27 or above 95 degrees Fahrenheit, (v) neglect (including but not limited to improper maintenance), (vi) repairs or modifications (including but not limited to use of third-party parts or attachments), (vii) improper packaging of products returned to Haven Lighting, or (viii) any other external causes (e.g. acts of God) beyond Haven Lighting’s reasonable control.
THE REMEDIES DESCRIBED IN SECTIONS II(b) AND II(c) ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND HAVEN LIGHTING’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTIES. HAVEN LIGHTING’S LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT OR SERVICE, NOR SHALL HAVEN LIGHTING UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSIONS OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
You will release, indemnify, defend and hold harmless Haven Lighting, and any of its contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and expenses, of third parties relating to or arising out of (1) these Terms or the breach of your warranties, representations and obligations under these Terms; (2) the Services or Products or your use of the Products (including Trial Products); (3) any intellectual property or other proprietary right of any person or entity; (4) your violation of any provision of these Terms; or (5) any information or data you supplied to Haven Lighting. If Haven Lighting is threatened with suit or sued by a third party, Haven Lighting may seek written assurances from you concerning your promise to indemnify Haven Lighting; your failure to provide such assurances may be considered by Haven Lighting to be a material breach of these Terms. Haven Lighting will have the right to participate in any defense by you of a third-party claim related to your use of any of the Services or Products, with counsel of Haven Lighting choice at its expense. Haven Lighting will reasonably cooperate in any defense by you of a third-party claim at your request and expense. You will have sole responsibility to defend Haven Lighting against any claim, but you must receive Haven Lighting’s prior written consent regarding any related settlement. The terms of this provision will survive any termination or cancellation of these Terms or your use of the Services or Products.
V. HAVEN LIGHTING PRO TRANSFORMERS DISCLAIMER OF SERVICE CONNECTION
THE HAVEN LIGHTING PRO TRANSFORMER REQUIRES AN ANNUAL CONNECTION FEE. THE HAVEN LIGHTING PRO TRANSFORMER WILL NOT WORK WITHOUT A HAVEN LIGHTING CONNECTION.
By purchasing the Haven Lighting Pro Transformer from Haven Lighting,you agree to pay an annual connection fee for each transformer on the property.
Upon installation, you agree to register each transformer and contact Haven Lighting for initial connection, as well as register a credit or debit card for automatic withdrawal authorization for the annual connection fee.
Failure to process the annual connection fee will result in disconnection of the transformers, until payment is received. Haven Lighting Pro Transformers DO NOT WORK WITHOUT A HAVEN LIGHTING CONNECTION. Haven Lighting will send a reminder of payment processing prior to the scheduled annual payment date. If your card information has changed, you must inform Haven Lighting to avoid disconnection.
If disconnection of a Haven Pro Transformer has occurred due to non-payment, an additional $150 reconnection fee will be assessed to the account and must be paid to reinstate service.Customer will have sole responsibility to ensure the payment form is correct prior to charge attempt. Haven Lighting shall not disconnect Customer’s Haven Pro Transformer service for any reason other than non-payment. In the event that Customer’s Haven Pro Transformer service is disconnected for any reason other than non-payment, Haven Lighting will work to fix the connection within 48 hours of being notified of the disconnection and not charge Customer a reconnection fee. The terms regarding the annual connection fee will survive any cancellation or termination of these Terms.
VI. THIRD PARTY BENEFICIARIES
These Terms are for your sole benefit and nothing herein, express, or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
VII. FORCE MAJEURE
Haven Lighting shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, pandemics, terrorism, and/or delivery, vendor, supplier, or other third-party delays, non-performance, or failures of any kind.
Haven Lighting may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
IX. PARTIAL INVALIDITY
In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
X. GOVERNING LAW
These Terms shall be governed by the laws of the State of Kentucky.
XI. BINDING ARBITRATION AND CLASS ACTIONS
YOU AND HAVEN LIGHTING ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF SERVICES OR PRODUCTS, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 11. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR HAVEN LIGHTING WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
XII. NO WAIVERS
The failure of Haven Lighting to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Website. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You provide notice to Haven Lighting at 2691 Circleport Drive, Erlanger, KY 41018 via certified mail.
XIV. AGREEMENT TO BE BOUND AND ENTIRE AGREEMENT
By purchasing the Services or Products, you acknowledge that you have read and agree to be bound by these Terms. These Terms along with any accepted Quote will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.