Terms and Conditions

Please read this document carefully. It contains important information about your rights and obligations, as well as limitations and exclusions that may apply to you. This document contains a dispute resolution and arbitration clause.

These Terms and Conditions (this "Agreement") apply to your purchase of JoBe products, including paver lights and road studs, and related services sold in the United States ("Product" or "Products") by JoBe Ops, LLC ("Company"), or from any business affiliated with the Company, to you ("Customer"). By placing an order, accepting delivery of the Product, or otherwise indicating your acceptance, Customer accepts and agrees to be bound by this Agreement.

This Agreement applies unless you and Company have entered into a separate written agreement signed by both Parties that expressly governs the purchase of the Products. In that case, the separate agreement shall control.

1. Orders; Quotes; Payment Terms; Interest

Acceptance of Customer orders is within Company's sole discretion. Orders shall be submitted using Company's Standard Purchase Order specifying the Product, description, part numbers, quantity, prices (if applicable), desired delivery date(s), and delivery location(s). All prices in Company's Publications for Standard Products are subject to change without notice. Prices for Non-Standard Products shall be set out in a Custom Purchase Order and are subject to change upon ten (10) days' prior notice.

Unless otherwise agreed, payment must be received prior to Company's acceptance of a Purchase Order. Payment shall be made in U.S. dollars by credit card, wire transfer, or other pre-approved method. The minimum COD order amount, exclusive of tax and handling, is US $50.00. COD orders of US $500.00 or more must be paid by certified check, money order (wire/ACH), or cashier's check.

Invoices are due and payable within the time period noted on the invoice. Any unpaid balance will accrue interest at an annual rate of 10% or the highest rate permitted by applicable law, whichever is lower. A US $25.00 service fee will be charged for any returned checks.

2. Shipping Charges; Taxes; Title; Risk of Loss

Unless otherwise agreed in writing, Customer shall pay all freight, handling, delivery, special packing and insurance charges. Customer is responsible for all applicable sales, use and other taxes unless a valid tax exemption certificate is provided.

Title to Products passes from Company to Customer upon Company's receipt of full payment. Products are shipped from Germany EXW (Incoterms® 2020) the facility of JoBe Lighting GmbH in Frankfurt am Main, Germany, and at Customer's risk.

Customer must notify Company within 21 days from the invoice date if any part of the purchase is missing, incorrect or damaged. A carrier inspection is required before Company will consider any claim for lost or damaged Products.

3. Warranties for Non-Company-Branded Products; Installation; Services

Company makes no warranties, express or implied, with respect to installation, services or non-Company-branded products. Such products, installation and services are provided "as is." Any warranties for non-Company-branded products, if any, are provided by the original manufacturer, not by Company.

4. Limited Warranty for Company Products

Subject to the limitations set forth in this Agreement, all Company-branded materials and component parts are warranted to be free from defects in materials and workmanship for a period of two (2) years from the date of purchase by the original Customer ("Warranty Period"). This Limited Warranty is extended only to the original purchaser and is not transferable.

This Limited Warranty is void if any repairs or alterations are made without Company's prior written authorization, or if the Product has been misused, modified, improperly installed, stored, transported or maintained.

5. Exclusive Remedy

If a Company Product is proved to be defective due solely to Company's workmanship during the Warranty Period, Customer's exclusive remedy, at Company's option, shall be either (a) refund of the purchase price paid for the defective Product, or (b) repair or replacement of the defective Product, provided that such defective Product is returned to Company in accordance with Section 9.

6. Limitation of Liability; Disclaimers

No warranty shall apply if a Product is rendered defective due to misuse, static charge, neglect, improper installation or maintenance, improper packaging, accident, modification or soldering, or any use in violation of Company's written instructions.

The Limited Warranty in Section 4 is in lieu of all other warranties, express or implied, including any implied warranty of merchantability or fitness for a particular purpose, to the maximum extent permitted by applicable law.

To the maximum extent permitted by applicable law, Company shall not be liable for any consequential, indirect, special, exemplary or incidental damages of any kind (including lost revenues or profits, loss of use, cost of substitute goods, or business interruption) arising out of or in connection with the Products or this Agreement.

In no event shall Company's aggregate liability exceed the amounts actually paid by Customer for the specific Product(s) giving rise to the claim. Some states do not allow limitations on implied warranties or the exclusion of incidental or consequential damages, so the above limitations may not apply to you.

7. Cancellations; Standard Products

A "Standard Product" is any Product identified in a Publication, customarily held in stock, and available to be ordered via a Standard Purchase Order. Customer may cancel an order for Standard Products in writing and receive a full refund provided the order has not been processed for shipment. Customer may obtain order status by contacting customer service at +1 805 426-9630.

8. Cancellations; Non-Standard Products

A "Non-Standard Product" is any Product other than a Standard Product, including Products with value-added work, Products assembled from kits, or any Product identified as non-cancellable, non-returnable (NCNR). Orders for Non-Standard Products may not be cancelled after the order has been processed.

9. Return Policy

Authorization for return of Products must be obtained from Company. If granted, Company will issue a return material authorization ("RMA") number. No Products will be accepted without a valid RMA number clearly marked on the packaging.

Returned Products must be in their original shipping cartons, complete with all packing materials and accessories, and in re-sellable condition. Customer must prepay all return freight charges. Loss or damage during return shipment is Customer's responsibility.

10. Published Information

All information in Publications is provided "as is" and is subject to change without notice. Product specifications and availability are subject to change at any time.

11. Limitations of Use; Indemnity

Products sold by Company are not designed, recommended or authorized for use in life-support systems, surgical implantation, nuclear or aircraft applications, or any other application in which the failure of a single component could cause substantial harm to persons or property. Any such use is strictly at Customer's own risk.

Customer agrees to indemnify, defend and hold harmless Company and its affiliates from and against any and all claims, damages, losses, costs, expenses and liabilities (including reasonable attorneys' fees) arising out of or in connection with any such unauthorized use.

12. Governing Law

To the maximum extent permitted by applicable law, this Agreement and any claim, dispute or controversy arising out of or relating to this Agreement shall be governed by the laws of the State of California, without regard to its conflict-of-laws principles.

13. Binding Arbitration; Class Action Waiver

Any dispute shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association ("AAA") in Santa Barbara, California. The arbitration shall be conducted in English, before a single arbitrator, in accordance with the AAA Commercial Arbitration Rules.

To the fullest extent permitted by law, any arbitration shall be conducted only on an individual basis and not in a class, representative or consolidated action. Both Customer and Company waive any right to have any dispute heard or decided by a jury.

14. Export Controls

Products are subject to U.S. export control laws, regulations and orders. Customer agrees to comply with all applicable export and import laws and regulations of the United States and any other applicable jurisdiction. Customer shall not export, re-export, transfer or otherwise make available any Product to any country, person or entity subject to U.S. or foreign embargoes, sanctions or export restrictions.

15. International Orders

Products are shipped from Germany. All taxes, import duties, customs fees, insurance, shipping charges and other international charges are the responsibility of Customer. Section 14 applies to all orders.

16. Statements; Advice

Company does not provide professional advice regarding the installation or use of Products. Any statements or advice, whether oral or written, are provided solely as an accommodation to Customer and shall not create any additional warranty or obligation for Company.

17. Entire Agreement; Amendments

This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, proposals or communications. This Agreement may not be altered, supplemented or amended except by a written instrument signed by both Customer and Company.

18. Severability

If any provision of this Agreement is held to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be deemed modified so as to be valid and enforceable to the maximum extent permitted by law.

19. Third-Party Beneficiaries

This Agreement is for the sole benefit of the Parties and their permitted successors and assigns and does not confer any rights, benefits or causes of action upon any other person or entity.

20. Resale; Licensing Rights; Intellectual Property

Customer acknowledges that Company and its licensors own all intellectual property rights in and to the Publications, their content and associated identifiers and part numbers. Any reproduction, modification or distribution of Publications, in whole or in part, without Company's prior written consent is strictly prohibited.

21. Contact

JoBe Ops, LLC
Phone: +1 805 426-9630
Email: info@jobe-lighting.com