Legal Terms and Conditions

TERMS AND CONDITIONS OF SALE

THESE TERMS AND CONDITIONS CONTAIN VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ THEM CAREFULLY.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS.

These terms and conditions (these "Terms") apply to the purchase and sale of products and services through B&P Lamp Supply Inc.'s (DBA Antique Lamp Supply) website, https://www.antiquelampsupply.com/ and all subpages therein (the "Website"). These Terms are subject to change by B&P Lamp Supply, Inc. (referred to as " us," "we," "our," or the "seller" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms will be in effect as of the "Last Updated Date" referenced on the Website. You should review these Terms prior to purchasing any product or services that are available through the Website. Your continued use of the Website after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Website. You should also carefully review our Privacy and Security Policy before placing an order for products or services through the Website (see Section 10 below).

1. Order Acceptance and Cancellation. You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.

2. Prices and Payment Terms.

(a) All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price advertised on this Website at the time the order is placed, subject to the terms of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. Payment must be received by us before our acceptance of an order. Terms of payment are 1% ten days – net thirty days.

(b) If you have not established credit with us, you may make payment with your American Express, Master Card, Visa, or Discover credit card. You may be asked to provide your credit card number, expiration date, security code number, the card holder's name and credit billing address. If you have not established credit with us, a deposit of 25% must accompany a "cash on delivery" or "C.O.D." order. If you have not established credit, you may make payment with a check for the full amount of the order. Any check returned for non-payment will be subject to a thirty-dollar ($30.00) service charge. Once a check has been returned, we may no longer accept checks from you.

(c) We will ship on open charge account to customers with acceptable credit references. To establish credit, submit the complete address for two business references and the name and address of your bank. There is a 1.5% charge per month on delinquent accounts. Credit will be cancelled on accounts 60 days past due.

3. Shipments; Delivery; Title and Risk of Loss.

(a) We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. If your single shipment order is for less than one-thousand five-hundred dollars ($1,500.00) excluding sales tax and any other fees, you will pay all shipping and handling charges (unless otherwise specified in the order confirmation.) If your single shipment order is for one-thousand five-hundred dollars ($1,500.00) or more excluding sales tax and any other fees, we will pay all shipping and handling charges.

(b) Title and risk of loss pass to you upon our transfer of the products to the carrier/delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.

4. Returns and Refunds.

(a) Except for any products designated on the Website as non-returnable, we will accept a return of products that are defective or were ordered in error for a refund of your purchase price, less the original shipping and handling costs. Returns are only available with our authorization, which may be obtained by calling 1-800-822-3450 and providing an invoice number, an itemized list of products to be returned, and the reason for their return. No returns will be accepted after 30 days from shipment.

(b) You are responsible for all shipping and handling charges on returned products ordered in error unless otherwise specified. Products ordered in error should be returned freight prepaid. There will be a 20% handling charge for products ordered in error. You bear the risk of loss during shipment. We therefore strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection.

(c) Refunds are processed within approximately 3 business days of our receipt of your returned items. Your refund will be credited back to the same payment method used to make the original purchase on the Website. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THE WEBSITE AS NON-RETURNABLE.

5. Limited Warranty.

(a) We warrant to you that the products purchased through the Website will conform to our published specifications in effect as of the date of shipment.

(b) EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 5(a) , WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS OR SERVICES PURCHASED THROUGH THE WEBSITE, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (iii) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

(c) Products manufactured by a third party (" Third Party Product") may constitute, contain, be contained in, incorporated into, attached to or packaged together with, the products. Third Party Products are not covered by the warranty in Section 5(a). For the avoidance of doubt, WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY THIRD PARTY PRODUCT, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (iii) WARRANTY OF TITLE; OR (iv) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

(d) We shall not be liable for a breach of the warranty set forth in Section 5(a) unless: (i) you give written notice of the defective products or services, as the case may be, reasonably described, to us within thirty (30) days of the time when you discover or ought to have discovered the defect; (ii) if applicable, we are given a reasonable opportunity after receiving the notice of breach of the warranty set forth in Section 5(a) to examine such products and you (if we so request) return such products to our place of business at your cost for the examination to take place there; and (iii) we reasonably verify your claim that the products or services are defective.

(e) We shall not be liable for a breach of the warranty set forth in Section 5(a) if: (i) you make any further use of such products after you give such notice; (ii) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the products; or (iii) you alter or repair such products without our prior written consent.

(f) Subject to Section 5(d) and Section 5(e) above, we shall, in our sole discretion, either: (i) repair or replace such products (or the defective part) or (ii) credit or refund the amounts paid by you for such products provided that, if we so request, you shall, at your expense, return such products to us.

(g) THE REMEDIES SET FORTH IN SECTION 5(f) SHALL BE THE YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 5(a).

6. Limitation of Liability.

(a) IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.

(b) IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCTS AND SERVICES SOLD THROUGH THE WEBSITE.

(c) The limitation of liability set forth in Section 6(b) shall not apply to (i) liability resulting from the seller's gross negligence or willful misconduct and (ii) death or bodily injury resulting from the seller's acts or omissions.

7. Resellers Compliance With Regulatory Requirements. If you are purchasing a product to resell to another organization or individual ("Third Party Purchasers"), you are solely responsible for ensuring compliance with any and all international, federal, state, and local regulations related to the resale of products you purchase from us. This includes, but is in no way limited to, providing any and all notices to Third-Party Purchasers, such as required California Proposition 65 notices (which are available on each products' subpage.)

8. Indemnification of the Seller. You agree to indemnify and hold harmless from and against any and all third party claims, including claims by governmental or regulatory agencies, and resulting losses, costs, liabilities, and expenses (including reasonable attorney's fees) arising as a result of or in connection with (i) any breach by you of your obligations under these Terms or an agreement with a third-party; (ii) the negligent or intentional acts or omissions of you, your employees, and your agents; (iii) any representation, warranty, promise, or assurance made or granted by you to a third-party; and (iv) failure to comply with international, federal, state, and local regulations as required by Section 7.

9. Intellectual Property Use and Ownership.

(a) A copyright (©) is a property right in an original work of authorship and is recognized in most countries of the world by statutory copyright laws. All content on the Website, such as graphics, images, logos, photos, illustrations, text, data compilations, software, and the website design, look and feel, and the compilation and arrangement are exclusive property of the seller or its content suppliers and are protected by United States and international copyright laws. You may not reproduce, modify, distribute, transmit, display, publish, license, create derivative works from, transfer or sell any such content or material from the Website without the Company's express written permission. We aggressively protect our copyrights.

(b) When using the seller's marks in publications that will be distributed only in the United States, include the appropriate TM, SM, or © symbol. The B&P LAMP SUPPLY INC. mark and Design and the BROUGHT TO YOU BY B&P LAMP SUPPLY mark and Design and all variations thereof are registered or unregistered trademarks of the seller and may not be used in any way, including but not limited to in advertisement related to distribution of products sold on the Website, without prior written permission of the seller. The absence of a product or service name or logo from this list does not constitute a waiver of the seller's trademark or other intellectual property rights concerning that name or logo.

10. Privacy. We respect your privacy and are committed to protecting it. Our Privacy and Security Policy, https://www.bplampsupply.com/security.php, governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website and is incorporated herein.

11. Force Majeure.

(a) No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any of your obligations to make payments to us hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party's ("Impacted Party ") reasonable control, including, without limitation, the following force majeure events ("Force Majeure Event(s)"): (a) acts of God; (b) flood, fire, earthquake, other potential disaster(s) or catastrophe(s), such as epidemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (i) other similar events beyond the reasonable control of the Impacted Party.

(b) The Impacted Party shall give notice within five (5) days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party's failure or delay remains uncured for a period of thirty (30) consecutive days following written notice given by it under this Section 11, either party may thereafter terminate this Agreement upon three (3) days' written notice.

12. Governing Law and Jurisdiction.

(a) All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Tennessee.

(b) You hereby stipulate, consent, and agree that the Chancery and Circuit Courts of Warren County, Tennessee or the United States District Court for the Middle District of Tennessee shall have exclusive jurisdiction and venue in the event of any litigation arising out of or pertaining to these Terms.

13. Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

14. No Waivers. The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of B&P Lamp Supply, Inc.

15. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person or entity other than you.

16. Notices.

(a) To You. We may provide any notice to you under these Terms by: (i) sending a message to the e-mail address you provide or (ii) posting to the Website. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current.

(b) To Us. To give us notice under these Terms, you must contact us as follows: (i) by facsimile transmission to 931-473-3014; (ii) by email transmission to Customer Service ; or (iii) by personal delivery, overnight courier or registered or certified mail to:

B&P Lamp Supply, Inc.

843 Old Morrison Hwy.

McMinnville, TN 37110

We may update the facsimile number or address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

17. Severability. If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

18. Entire Agreement. Our order confirmation, these Terms, our Website Terms of Use, and our Privacy and Security Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.