TERMS AND CONDITIONS OF SALE

These terms and conditions of sale (“Terms”) apply to all sales of product and services (“Product) by Display Projection Corporation dba BOXLIGHT Inc., its subsidiaries and affiliates (“Company”) to you (“Customer”).

Definitions

“Buyer” means the person or entity, whose purchase order for products is accepted by Seller, “Products” mean the goods to be supplied by Seller in accordance with these conditions, “Seller” means Display Projection Corporation dba Boxlight Inc..

Basis of the Sale

All acceptances of Buyers’ purchase order for the products and all sales of the products are on the basis of these conditions only.  No variation to these conditions will be binding unless agreed in writing by an authorized representative of Seller.  Customer will order Product from Company by a complete purchase order, in a form acceptable to the Company. The Company may reject any Order for any reason.  The company will not be bound by any terms or conditions set forth in any Order.  Customer agrees not to contest the validity or enforceability of any Order.  Delivery of the Products will be made in accordance with the Company’s shipping policy in effect on the date of shipment.  All Products are shipped F.O.B Origin, Insurance coverage, transportation costs and all other expenses applicable to shipment from Company to Customer will be at the Customer’s sole expense.  Company shall choose what it considers the most appropriate means of shipment unless the Customer specifically requests otherwise.  Company shall not be liable for any damages resulting from failure or delay in shipping the Product.  Customer shall bear the risk of loss or damage to the Product.  Certain minimum charges will apply for purchase orders requiring special handling.

Prices

The price of the product shall be Seller’s quoted price or, where no price has been quoted (or a quoted price is no longer valid), the price listed in Seller’s current published price list at the date of acceptance of the order.  All prices and other charges are exclusive of any applicable sales tax, which will be paid additionally by Buyer at the prevailing rate.  All handling and other ancillary charges and fees referred to in these conditions may be varied at any time without notice.

Payment Terms

Net 30 Days-Open terms must be pre-approved by Seller’s credit department prior to acceptance of purchase order from Buyer.  Seller must receive payment in full no later than 30 days after the date of the invoice.  All past due invoices are subject to a 1.5% per month interest charge. Minimum charge is $0.50.

Prepayment - Seller must receive payment in full prior to shipment.  If prepaying by check or wire transfer Seller reserves the right to hold shipment until cleared funds have been deposited in Seller’s bank.

Credit Card – Electronic authorization of charge will be obtained by Seller prior to shipment.

All Other Methods of payment are subject to Seller’s discretion

RETURNED checks and Delinquent Accounts

A $50 returned check fee will be charged for any checks returned regardless of the reasons for the return (stop payment, NSF, Refer to Maker, etc).  Future shipments will only be sent on prepayment basis of Wire Transfer or Cashier’s Check.

Delivery

All quoted and requested delivery dates are estimates only and the Seller will not be liable for any delay in the delivery of the products for any reason.  Buyer must inspect products immediately for possible damages caused by shipping and notify Seller of such damages within five 5 days of receipt.

Returns: 

The Company shall not be obligated to authorize any product returns.  Customer may return product for a defective product that is received on a DOA (dead on arrival) basis and receive a replacement product of equal or greater value at BOXLIGHT Inc.’s sole discretion or receive a credit up to the amount originally invoiced for the returned product subject to the following: (a) return requests must be made within 15 days of the original shipment and authorized returned product must be returned to the location designated by Company within 10 days of issuance of the Return Merchandise Authorization (RMA) number. (b) Product must be returned in original carton(s), with all packing materials, manuals, cables, etc; and (c) the company determines in its sole judgment that the customer is not in default of the terms or any other agreement between the parties.

Special Terms

All sales are final on special order items. A special order is a product ordered by Customer that the company does not normally stock (“special order”).  Special Orders are on a pre-pay basis, non-cancelable and on a nonrefundable basis.  Special Orders may not be returned under any circumstances.

Warranties and Guarantees :

STANDARD PROJECTOR WARRANTY:

All BOXLIGHT projectors come with a three-year parts and labor warranty. BOXLIGHT Inc. warrants the products manufactured by BOXLIGHT are free from defects in materials and workmanship under normal use during the term of the warranty. The warranty covers parts and labor only, and does not include lamps or accessories.

STANDARD LAMP WARRANTIES:

BOXLIGHT Inc. warranties lamps for 90 days or 500 hours, whichever comes first, from date of original shipment from BOXLIGHT Inc., or proof presented of shipment from dealer showing tracking information with weight or packing slip presented. This applies to lamp sales either as part of a projector, or sold separately. 

Projector EXTENDED WARRANTY:

BOXLIGHT Extended Warranty gives you peace of mind by extending the original warranty for an additional 1, 2, or 3 years. The warranty covers parts and labor only, and does not include lamps or accessories.

EXTENDED LAMP WARRANTY:

BOXLIGHT’s Lamp Warranty extends the standard 90 day (or 500 hours warranty) to 1, 2 or 3 years depending on Lamp Warranty purchased. Customer is limited to a maximum of two (2) lamp replacements during the contract period. BOXLIGHT may require a unit to be sent in for repair or evaluation when multiple lamp claims are exercised within a shortened period. The warranty covers projector lamps and any possible defective parts causing premature lamp failure. 

Sales Terms

FOB Origin – Delivery of the Products will be made in accordance with the Company’s shipping policy in effect on the date of shipment.  All Products are shipped F.O.B Origin, Insurance coverage, transportation costs and all other expenses applicable to shipment from Company to Customer will be at the Customer’s sole expense.  Company shall choose what it considers the most appropriate means of shipment unless the Customer specifically requests otherwise.  Company shall not be liable for any damages resulting from failure or delay in shipping the Product.  Customer shall bear the risk of loss or damage to the Product.  Certain minimum charges will apply for purchase orders requiring special handling. Sales terms vary for international customers and will be listed on sales invoice.

Limitation of Liability

Display Projection Corporation dba Boxlight Inc, all subsidiaries and related entities therein (“Seller”) shall not be liable under any circumstances for any consequential, incidental, special or exemplary damages arising out of or in any way connected with this agreement or the products including but not limited to lost profits, loss of use, lost data, or any claim based on indemnity or contribution, or the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise.  Buyer’s exclusive remedy, as against Seller, shall be the repair or replacement of defective parts or, at Sellers option, refund of the amount paid.

Enforcement

Failure by Seller to enforce any Terms and Conditions does not constitute waiver of any portion of Terms and Conditions.

Law and Venue

The laws of the State of Washington shall govern.  Venue for any legal action shall be Mason County, Washington.