SITE TERMS AND CONDITIONS
In using this website you are deemed to have read and agreed to the following terms and conditions:
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting TPI Efficiency’s terms and conditions. "The Company", “Ourselves”, “We” and "Us", refers to our TPI Efficiency. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing United States Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. The United States Justice System has created specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
We are registered under the Data Protection Act 1998 and as such, any information concerning the Client and their respective Client Records may be passed to third parties. However, Client records are regarded as confidential and therefore will not be divulged to any third party, other than our manufacturer/suppliers and if legally required to do so to the appropriate authorities. Clients have the right to request sight of, and copies of any and all Client Records we keep, on the proviso that we are given reasonable notice of such a request. Clients are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue Client’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products.
Exclusions and Limitations
The information on this web site is provided on an "as is" basis. To the fullest extent permitted by law, this Company:
excludes all representations and warranties relating to this website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
excludes all liability for damages arising out of or in connection with your use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
This Company does not however exclude liability for death or personal injury caused by its negligence. The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
Unless otherwise stated, the services featured on this website are only available within the United States, or in relation to postings from the United States. All advertising is intended solely for the United States market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within this Company on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
Links to this website
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
Links from this website
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. This Company will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
Copyright and other relevant intellectual property rights exists on all text relating to the Company’s services and the full content of this website.
We have several different e-mail addresses for different queries. These, & other contact information, can be found on our Contact Us link on our website or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
This company is located at 2019 Center Street, Suite 502, Cleveland, OH 44113.
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Agreement contained herein.
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of any of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
The laws of The United States of America govern these terms and conditions. By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of the U.S. courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
Notification of Changes
These terms and conditions form part of the Agreement between the Client and ourselves. Your accessing of this website and/or undertaking of a booking or Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
TERMS AND CONDITIONS
LIGHTING PROJECT TERMS AND CONDITIONS
These Terms and Conditions supplement the General Terms and Conditions that accompany any Proposal and/or Authorized Invoice. In the event the General Terms and Conditions conflict with these Terms and Conditions, these Terms and Condition are controlling.
The Terms and Conditions (“Agreement”) apply to the sale by TPI Efficiency Consulting (“Company”) to Customer of lighting products and projects. This Agreement is an integral part of the Proposal prepared and delivered to Customer. The Proposal constitutes an offer on the part of the Company to sell the lighting products and/or lighting project as described in the Proposal. No contract shall be formed by reason of preparation or delivery of the Proposal, unless and until, Customer signs the Authorization Invoice.
If applicable, Customer acknowledges and agrees that the Company is providing lighting products and/or a lighting project and arranging a separate company to install the project if necessary. As such, the Company will advocate on behalf of Customer should any issues or discrepancies arise, but ultimately any issues or discrepancies with the installation are the sole responsibility and liability of the installation company and Customer is advised to review any terms and conditions of the installation company.
If applicable, Customer acknowledges and agrees that the rebate in the Proposal is solely an estimate based on Customer’s current utility company’s rebate program in effect at the time of the Proposal, and as such, ALL proposed rebate amounts are subject to the terms and conditions of the utility company’s rebate program and in no way are guaranteed by the Company. The Company uses its best efforts to provide accurate rebate estimates and to rectify any situation where the rebate is less than estimated, but at no point is the Company liable for the rebate number, as it is dictated solely by the utility company and information provided by Customer. In a situation where the estimated rebate is material to Customer’s decision to buy lighting products and/or a lighting project from the Company and the final rebate estimate is materially less than estimated, the Company will allow Customer to cancel the lighting products and/or project at no cost to Customer, irrespective of paragraph IV Canceled Orders below.
In the event Customer’s acceptance conflicts with, varies, or supplements the Proposal, the Company hereby rejects the conflicting, varying, or supplemental provisions unless the Company agrees in writing to said provisions. Absent the Company’s written agreement to said provisions, the Customer’s conflicting, varying, or supplemental provisions are null and void and the terms of the proposal and this Agreement will govern any future disputes that may arise.
II. Shipment, Title, and Risk of Loss or Damage
Shipment and/or delivery of lighting products will be made to Customer’s facility either directly from the manufacturer, the installation company, or the Company. Upon shipment, delivery, or installation if being installed by an installation company pursuant to the Proposal, title, risk of loss, or damage to the lighting products passes to Customer. As such, Customer hereby grants to the Company a security interest in the lighting products until full payment has been received by the Company per the Authorization Invoice.
Delivery dates are estimates and in no event will be construed as falling within the meaning of “time is of the essence.” The Company is not liable for any loss or delay due to war, riots, terrorist activity, fire, flood, strikes or other labor difficulty, damage or delay in transportation, inability to obtain necessary labor or materials from usual sources, faulty forgings or castings, or other causes beyond the reasonable control of the Company. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be communicated to the Customer as soon as reasonably possible and the date or delivery will be adjusted accordingly.
Customer may not assign or transfer Customer’s obligations under this Agreement without the prior written consent of the Company. The Company may assign its rights and duties as it deems fit.
IV. Canceled Orders 2
Customer has the right to cancel its order of lighting products and/or project at any time prior to the actual shipment and/or delivery of the lighting products. The Company will notify the Customer when shipment and/or delivery has occurred upon request. Afterward, any cancellation of an order pursuant to the Proposal and this Agreement may be subject to a cancellation/restocking fee to be determined solely by the Company.
V. Terms of Payment and Interest
Upon signing the Authorization Invoice, Customer agrees to pay 50% of the Proposed total immediately and the remaining 50% of the Proposed total at the conclusion of the lighting project or upon delivery of lighting products, as applicable, unless otherwise agreed to in writing by Customer and the Company.
The remaining 50%, i.e., the second payment, payment terms are net thirty (30) days from the invoice date.
The Company reserves the right to require payment in advance, in full, guarantee by letter of credit, or to otherwise modify credit terms at its sole discretion based on the financial condition of Customer or changes that impact the ability of Customer to pay. All payments not made when due may accrue interest at the rate of 1.5% per month (18% annually) or the highest amount allowed by law, whichever is less.
VI. Prices and Taxes
The lighting products and/or project prices quoted in the Proposal are not subject to change and will be honored by the Company so long as this Agreement is adhered to by the Customer. Taxes will be itemized separately for Customer, however, the Company will eliminate taxes accordingly if Customer provides a valid tax exemption certificate. Customer agrees to promptly reimburse the Company for any tax exemption erroneously claimed which the Company is required to pay. Customer will indemnify and hold the Company harmless from the payment or imposition of any tax or levy imposed on any lighting products, plus penalties, interest, and reasonable attorneys’ fees connected with the imposition or arising from the result of any such tax or levy.
The remaining provisions will survive the termination or expiration of the Proposal and this Agreement.
VIII. Indemnification, Insurance, and Customer Representations
Customer assumes all responsibility, warrants and represents that its facilities meet all local, state, and federal regulations and guidelines. Further, Customer assumes all responsibility, warrants and represents that all electrical wiring and engineering meets the National Electric Code and that any issues that may arise due to a violation of the National Electric Code will be subject to an additional cost to be borne by Customer. In addition, Customer acknowledges and agrees that its facilities may encounter electrical wiring issues that are unforeseeable and unrelated to the lighting products and/or project, and it is Customer’s responsibility to remedy, pay, and resolve those issues as necessary. The Company will use its best efforts to assist Customer in this endeavor.
Customer will indemnify, defend, save, and hold harmless the Company, its parent, affiliates, directors, officers, servants, and employees, from and against any and all responsibilities, liabilities, claims, demands, suits, judgments, losses, damages, costs, and expenses for any loss of, damage to, or destruction of any property or any injury to or death of any person arising from this Agreement. However, Customer is not required to indemnify the Company for claims or liabilities arising from the Company’s negligence, misconduct, or breach of its obligations arising under this Agreement.
IX. No Warranty
The Customer acknowledges and agrees that the Company is NOT the manufacturer of the lighting products and that the Company does not provide any expressed or implied warranties whatsoever regarding the lighting products and/or lighting project. In particular, any and all implied warranties of merchantability, title, satisfactory quality, fitness for a particular purpose, and non-infringement are hereby disclaimed by the Company and are excluded by the Parties. However, upon notification of any defects with the lighting products, the Company acknowledges and agrees to use its best efforts to resolve any disputes with the manufacturer of the lighting product(s) at issue. 3
Furthermore, Customer acknowledges and agrees that the Company is not liable for any repairs, replacements, or adjustments to the lighting products or any costs of labor incurred as a result of repairs, replacements, or adjustments without the Company’s prior written approval.
X. Limitation of Liability and Damages
The remedies available to Customer set forth in this Agreement are exclusive, and the total liability of the Company with respect to this Agreement and/or the products and services furnished under this Agreement, whether based on contract, warranty, negligence, indemnity, strict liability, tort, or otherwise, shall not exceed the purchase price of the lighting products paid by Customer or the Proposal amount, whichever is the lesser of the two, upon which such liability is based.
Moreover, in no event will the Company, any successors in interest, or any beneficiary or assignee of this Agreement by liable for any consequential, incidental, indirect, special, or punitive damages arising out of the Proposal and/or this Agreement, whether based on loss of use, lost profits or revenue, interest, lost goodwill, work stoppage, whether or not such loss or damage is based on contract, warranty, negligence, indemnity, strict liability or otherwise and regardless of whether the Company has been advised of the possibility of such damages.
XII. Controlling Law; Venue; Jurisdiction; Attorneys’ Fees
The rights and obligations of the parties are governed by the laws of the State of Ohio excluding any conflicts of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Contract. Customer acknowledges and agrees that under no circumstance will the Company be liable for attorneys’ fees that may arise as a result of the Proposal and this Agreement.
Failure or delay in the exercise of any right or remedy under this Contract will not waive or impair such right or remedy. No waiver given will require future or further waivers.
Any portion of this Agreement is determined to be contrary to any controlling law, rule, or regulation, said provision will be revised to be consistent with the controlling law, rule, or regulation. If a portion of this Agreement cannot be revised to be consistent, it will be deleted and the remaining provisions of this Agreement will remain in full force and effect.