PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY
THE TERMS AND CONDITIONS OF PRODUCT SALES ARE LIMITED TO THOSE CONTAINED HEREIN. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS IN ANY FORM DELIVERED BY YOU ("CUSTOMER") ARE HEREBY DEEMED TO BE MATERIAL ALTERATIONS AND NOTICE OF OBJECTION TO THEM AND REJECTION OF THEM IS HEREBY GIVEN. BY ACCEPTING DELIVERY OF THE PRODUCTS, CUSTOMER AGREES TO BE BOUND BY AND ACCEPTS THESE TERMS AND CONDITIONS UNLESS CUSTOMER AND SELLER HAVE SIGNED A SEPARATE AGREEMENT CONTAINING TERMS INCONSISTENT WITH THOSE HEREOF, IN WHICH CASE THE SEPARATE AGREEMENT WILL GOVERN ANY INCONSISTENT TERMS HEREIN. ANY GENERAL DESCRIPTION OF THE TYPES OF PRODUCTS OR SERVICES AND RESULTS THEREOF POSTED ON ANY SELLER WEBSITE OR MOBILE APPLICATION DO NOT CONSTITUTE PART OF THE AGREEMENT BETWEEN SELLER AND CUSTOMER.
Important Information About These Terms and Conditions
These Terms and Conditions constitute a binding contract between Customer and Seller and are referred to herein as either "Terms and Conditions" or this "Agreement". Customer accepts these Terms and Conditions by making a purchase from or placing an order with Seller or shopping on any Seller Website or Mobile Application (each, a "Site") or otherwise requesting products (the "Products") or engaging Seller to perform or procure any Services (as this and all capitalized terms are defined herein). These Terms and Conditions are subject to change without prior notice, except that the Terms and Conditions posted on a Site at the time Customer places an order or signs a Statement of Work will govern the order in question, unless otherwise agreed in writing by Seller and Customer.
This Agreement contains the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings, whether oral, written, electronic or implied, if any, between the parties with respect to the subject matter hereof.
THESE TERMS AND CONDITIONS, ANY STATEMENTS OF WORK, THE SERVICES HEREUNDER AND ANY SALE OF PRODUCTS HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT EXCLUSIVELY IN VENTURA COUNTY, CALIFORNIA, AND EACH OF CUSTOMER AND SELLER CONSENTS TO THE JURISDICTION OF THE FEDERAL AND STATE COURTS LOCATED THEREIN, SUBMITS TO THE JURISDICTION THEREOF AND WAIVES THE RIGHT TO CHANGE VENUE. CUSTOMER FURTHER CONSENTS TO THE EXERCISE OF PERSONAL JURISDICTION BY ANY SUCH COURT WITH RESPECT TO ANY SUCH PROCEEDING. Neither party may institute any action in any form arising out of these Terms and Conditions or the transactions contemplated hereby (other than an action for Customer’s nonpayment of monies owed to Seller) more than one (1) year after the cause of action has arisen. The rights and remedies provided Seller under these Terms and Conditions are cumulative, are in addition to, and do not limit or prejudice any other right or remedy available at law or in equity.
Risk of Loss
Unless specifically agreed to by Seller and Customer to waive certain freight provisions, all shipments, title to Products and risk of loss or damage during shipment pass from Seller to Customer from Seller’s plant (F.O.B. Origin, freight pre-paid and added).
Orders are not binding upon Seller until accepted by Seller. Customer agrees to pay the total purchase price for the Products plus shipping (to the extent shipping is not prepaid by Customer), including shipping charges that are billed to Seller as a result of using Customer's carrier account number. Terms of payment are within Seller's sole discretion. If no payment schedule is provided, Customer will pay for the Services as invoiced by Seller. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice, subject to continuing credit approval by Seller. Seller, or any of its Affiliates on behalf of Seller may issue an invoice to Customer. Seller may invoice Customer separately for partial shipments, and Seller may invoice Customer for all of the Services described in a Statement of Work or any portion thereof. Customer will pay for, and will indemnify and hold Seller and its Affiliates harmless from, any applicable sales, use, transaction, excise or similar taxes and any federal, state or local fees or charges (including, but not limited to, environmental or similar fees), imposed on, in respect of or otherwise associated with any Statement of Work, the Products or the Services, excluding only taxes imposed on Seller’s income. Customer must claim any exemption from such taxes, fees or charges at the time of purchase and provide Seller with the necessary supporting documentation. In the event of a payment default, Customer will be responsible for all of Seller's costs of collection, including, but not limited to, court costs, filing fees and attorneys' fees. In addition, if payments are not received as described above, Seller reserves the right to suspend Services until payment is received.
If this transaction involves an export of items subject to the Export Administration Regulations, such items were exported from the United States by Seller in accordance with the Export Administration Regulations. Customer agrees that it will not divert, use, export or re-export such items contrary to United States law. Customer expressly acknowledges and agrees that it will not export, re-export, or provide such items to any entity or person within any country that is subject to United States economic sanctions imposing comprehensive embargoes without obtaining prior authorization from the United States Government. The list of such countries subject to United States economic sanctions or embargoes may change from time to time but currently includes Cuba, Iran, Sudan, and Syria. Customer also expressly acknowledges and agrees that it will not export, re-export, or provide such items to entities and persons that are ineligible under United States law to receive such items, including but not limited to, any person or entity on the United States Treasury Department's list of Specially Designated Nationals or on the United States Commerce Department's Denied Persons List, Entity List, or Unverified List. Unless agreed to in writing by the Seller and Customer, SunBrites’ warranties for exported Products are null and void for Products exported outside the United States.
SunBriteTV (SBTV) warrants that this product conforms to SBTVs’ specifications and will be free of defect in material and workmanship; and should any defect occur, SBTV will correct the defect subject to the following conditions:
PARTS and LABOR:
• Residential Installations: SBTV will provide in-factory parts and labor to replace defective parts without charge for a period of two (2) years from the date of sale to the original consumer.
• Commercial Installations: SBTV will provide in-factory parts and labor to replace defective parts without charge for a period of one (1) year from the date of sale to the end-user.
• In the event that the part required for replacement is no longer in production and/or is obsolete, SunBriteTV will repair the unit with similar or like parts of equal value. If a similar or like part is not available, a charge may be incurred to the owner for any upgraded part substituted.
• Demo or floor model: warranty begins at the date of sale to an authorized dealer. “Extended Use”: Commercial applications where unit is operating on average, more than 10 hours per day, warranty is limited to six (6) months in-factory parts and labor.
• PROOF OF PURCHASE: Copy of the sales invoice from an authorized dealer is required together with the product to obtain service under this warranty.
• This warranty covers failures due to defects in material or workmanship that occur during normal use.
THIS WARRANTY DOES NOT COVER:
• Shipping damage.
• Damage caused during unpacking and/or removal of protective packing material.
• Service required as a result of improper, incorrect or insufficient AC supply voltage.
• Any unit which is modified, or damaged due to improper installation or incorporation into other products.
• Any failure, loss, damage or personal injury due to accident, neglect, misuse or abuse by the consumer or to improper operation, maintenance or storage or to alteration or to failure to follow normal operating procedures as outlined in the instruction manual.
• Damage which results from fire, flood, lightning or other acts of God.
• Any unit purchased from an unauthorized seller.
• Any owner other than the original consumer.
• If the original factory serial number has been removed, defaced, replaced or tampered with in any way.
• Transportation charges incurred in connection with warranty service.
• Indirect, consequential, or special damages, except as required by federal or state laws.
• Any unit tampered with, modified, adjusted or repaired by any party other than SBTV or its authorized representative.
• Any cosmetic damage to the surface or exterior that has been defaced, or caused by normal wear and tear or exposure to foreign chemicals.
THE WARRANTIES SET FORTH HEREIN ARE MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. ALL OTHER WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY SBTV AND ITS REPRESENTATIVES. THE LAWS OF SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, THIS WARRANTY SHALL BE DEEMED MODIFIED TO BE CONSISTENT WITH SUCH LAWS TO THE EXTENT THEY APPLY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE.
ALL WARRANTY INSPECTIONS AND REPAIRS MUST BE PERFORMED BY THE SBTV SERVICE FACILITY IN CHARLOTTE, NC.
1) When you contact us at 1-866-357-8688, we will issue a Return Material Authorization number for you to include with a copy of your original sales receipt for return. SunBriteTV will not accept any returned products without an RMA number.
2) You must return the product to us in its original or equivalent packaging and send it freight prepaid. Please insure the shipment, or accept the risk if the product is lost or damaged in shipment. If the original box is not available, please contact the Customer Service Department to have a new box shipped to you (applicable fee applies).
Ship product to:
5033 Sirona Dr
Suite 200 / Dock 5
Charlotte, NC 28273
Attention: RMA #________
Please be sure to mark the shipment to the attention of the Return Material Authorization number provided to you.
If we determine that the product is not covered under this warranty, we will notify you and inform you of service alternatives that are available to you on a fee basis.
Do not return any accessories, including remote controls, unless the accessory is related to an equipment failure.
• Drop Ship Orders to Customers
• 30-Day“no questions asked” policy for equipment returned undamaged and in original shipping cartons. Customer must request an RMA (Return Material Authorization) for the return (See Section 3). All freight costs are responsibility of customer. Please see Return requirements in Section 2.
• Products returned after 30 days of purchase due to manufacturer defects are subject to evaluation and repair under our two-year Limited Warranty for residential use and one-year Limited Warranty for commercial use.
• If in the event a television fails under the terms noted in the Return Policy, SunBriteTV will deliver a replacement television if an onsite repair is not recommended or possible at the sole discretion of SunBriteTV. SunBriteTV will be responsible for the shipping of the replacement television and the return of the original television at no charge to the customer. The customer must provide a valid credit card number before a television is shipped.
• The customer is obligated to return the original television within a thirty (30) day window from the day the replacement television ships from SunBriteTV. Failure to comply will result in a charge for the replacement television to the customer’s credit card on the 31st day after the replacement unit ships from the SunBriteTV warehouse in Charlotte, NC.
• Shipping of the exchange television gives SunBriteTV the right to charge the credit card on file if the television has not been received within 30 days.
• Products Returned for Credit
• Products returned within 30 days of purchase, unopened in its original, undamaged packaging will be subject to inspection and returned for credit less discounts, taxes, fees, and shipping costs.
• Products returned within 30 days of purchase, opened, but unused will be subject to inspection and returned for credit less discounts, taxes, fees and shipping costs. Restocking fee may apply depending on condition.
• After 30-days, all returns are subject to warranty or (non-warranty after 2-years residential and 1-year commercial) repair and return to customer. No other returns are accepted.
• Returns for credit will be approved and processed only when SunBriteTV has inspected the product for completeness including its physical and operational condition.
• Returns for credit must be accompanied by an accurate detailed description of why the item is being returned.
• Returns for credit will be denied if the product has been altered, tempered with, installed incorrectly, overpowered, or damaged from abuse or mishandling.
• All freight charges are billed directly to dealer.
• Return Material Authorization (RMA)
• A Return Merchandise Authorization (RMA#) must be issued by SunBriteTV before any product is returned.
• Products to receive warranty replacement or repair require the serial number to be intact and end-user dated proof of purchase must accompany the unit.
• Any unit sent in without an RMA# may, at SunBriteTV’s discretion, be returned in the same manner and condition as it was received, without prior notification.
• All RMA’s must be received within 14 days of the date the RMA number was issued.
• All products must be packed and shipped as stated within the warranty instructions included in the product manual.
• Products Returned for Repair or Replacement
• Return packaging: TV’s should be returned in original packing carton with all necessary inserts to prevent further damage. If packing material has been discarded, customer should contact SunBriteTV customer service (866-357-8688) to purchase replacement-packing material. Equipment received physically damaged (other than from original shipment freight damage, which should be reported to freight carrier immediately upon receipt) will be billed to Dealer at cost of repair.
• For warranty repair, a dated copy of the sales invoice to the end-user must accompany the product to validate the beginning of the warranty period. Without this invoice, the warranty period will begin from the date of manufacturing, which is coded on the serial number plate.
• Products must be accompanied by a detailed description of the problem(s) to be repaired.
• Non-warranty repairs or replacement returns may be subject to an estimate fee or restocking fee, which may be applied to the final repair or replacement costs of the unit.
• A product, which has been altered, tempered with, installed incorrectly, overpowered, or damaged from abuse or mishandling voids any and all warranties. The owner may opt to have the product repaired (if possible) at the owner’s expense for parts, labor and shipping costs.
Pricing Information; Availability Disclaimer
Seller reserves the right to make adjustments to pricing, Products and Service offerings for reasons including, but not limited to, changing market conditions, Product discontinuation, Product unavailability, supplier price changes and errors in advertisements. All orders are subject to Product availability and the availability of Personnel to perform the Services. Therefore, Seller cannot guarantee that it will be able to fulfill Customer's orders.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, WILL SELLER, ITS AFFILIATES OR ITS OR THEIR SUPPLIERS, SUBCONTRACTORS OR AGENTS BE LIABLE FOR: (A) ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, BUSINESS, REVENUES OR SAVINGS, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, IN EACH CASE, WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY; (B) ANY CLAIMS, DEMANDS OR ACTIONS AGAINST CUSTOMER BY ANY THIRD PARTY; (C) ANY LOSS OR CLAIM ARISING OUT OF OR IN CONNECTION WITH CUSTOMER'S IMPLEMENTATION OF ANY CONCLUSIONS OR RECOMMENDATIONS BY SELLER OR ITS AFFILIATES BASED ON, RESULTING FROM, ARISING OUT OF OR OTHERWISE RELATED TO THE PRODUCTS OR SERVICES; OR (D) ANY UNAVAILABILITY OF THE PRODUCT FOR USE OR ANY LOST, DAMAGED OR CORRUPTED DATA OR SOFTWARE. IN THE EVENT OF ANY LIABILITY INCURRED BY SELLER OR ANY OF ITS AFFILIATES, THE ENTIRE LIABILITY OF SELLER AND ITS AFFILIATES FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM OR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.
Any claim, dispute, or controversy (whether in contract, tort or otherwise, whether preexisting, present or future, and including, but not limited to, statutory, common law, intentional tort and equitable claims) arising from or relating to the Products, the Services, the interpretation or application of these Terms and Conditions or any Statement of Work or the breach, termination or validity thereof, the relationships which result from these Terms and Conditions or any Statement of Work (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories hereto), or Seller's or any of its Affiliates' advertising or marketing (collectively, a "Claim") WILL BE RESOLVED, UPON THE ELECTION OF ANY OF SELLER, CUSTOMER OR THE THIRD PARTIES INVOLVED, EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. If arbitration is chosen, it will be conducted pursuant to the Rules of the American Arbitration Association. If arbitration is chosen by any party with respect to a Claim, neither Seller nor Customer will have the right to litigate that Claim in court or to have a jury trial on that Claim or to engage in pre-arbitration discovery, except as provided for in the applicable arbitration rules or by agreement of the parties involved. Further, Customer will not have the right to participate as a representative or member of any class of claimants pertaining to any Claim. Notwithstanding any choice of law provision included in these Terms and Conditions, this arbitration agreement is subject to the Federal Arbitration Act (9 U.S.C. §§ 1-16). The arbitration will take place exclusively in Ventura, CA. Any court having jurisdiction may enter judgment on the award rendered by the arbitrator(s). Each party involved will bear its own cost of any legal representation, discovery or research required to complete arbitration. The existence or results of any arbitration will be treated as confidential. Notwithstanding anything to the contrary contained herein, all matters pertaining to the collection of amounts due to Seller arising out of the Products or Services will be exclusively litigated in court rather than through arbitration.
Seller may assign or subcontract all or any portion of its rights or obligations with respect to the sale of Products or the performance of Services or assign the right to receive payments, without Customer's consent. Customer may not assign these Terms and Conditions, or any of its rights or obligations herein without the prior written consent of Seller. Subject to the restrictions in assignment contained herein, these Terms and Conditions will be binding on and inure to the benefit of the parties hereto and their successors and assigns. No provision of this Agreement or any Statement of Work will be deemed waived, amended or modified by either party unless such waiver, amendment or modification is in writing and signed by both parties. The relationship between Seller and Customer is that of independent contractors and not that of employer/employee, partnership or joint venture. If any term or condition of this Agreement or a Statement of Work is found by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable, the same shall not affect the other terms or conditions hereof or thereof or the whole of this Agreement or the applicable Statement of Work. Notices provided under this Agreement will be given in writing and deemed received upon the earlier of actual receipt or three (3) days after mailing if mailed postage prepaid by regular mail or airmail or one (1) day after such notice is sent by courier or facsimile transmission. Any delay or failure by either party to exercise any right or remedy will not constitute a waiver of that party to thereafter enforce such rights.