Effective Date: October 18, 2004
The enLux Distribution Terms and Conditions details the distribution policies of enLux Lighting. By purchasing products from enLux Lighting, the purchaser agrees to abide by the Terms and Conditions set forth below.
Pricing Confidentiality
Distributor acknowledges that enLux Distributor Pricing is a trade secret and shall not disclose enLux Distributor Pricing to any 3rd party.
enLux Pricing
enLux shall make available a Distributor Discount Sheet which details the pricing discount available only to Distributors for various quantities of enLux products. The Distributor Discount Sheet shall be considered confidential, and may not be disclosed to any 3rd party.
All pricing and discounts are subject to change without advance notice. enLux will make an effort to inform Distributors of pricing increases before they go into effect, but this is not required. enLux will not provide advance notice of pricing reductions.
Customer Pricing
Distributors are allowed to set their own prices for enLux products to their customers.
Standard Sales Terms
enLux shall maintain a Distributor’s Online Store, where Distributors may check stock as well as order products at the Distributor’s discounted rate. Only registered Distributors are allowed access to the Distributor’s Online Store. Distributors are encouraged to purchase products through the Distributor On-line Store.
Credit terms may be extended to a Distributor following approval of credit application. Credit terms are not available for the first order from a Distributor.
Standard shipping terms: FOB Tempe, AZ. Distributor is responsible
for all shipping charges. Distributor shall choose the carrier and
service class for each order from enLux.
Returns
A Distributor may return a defective product for a replacement within the warranty time period. The Distributor shall contact enLux to obtain an RMA number prior to returning any defective parts. A Distributor can not return unused or unsold stock.
Exclusivity
enLux shall grant Distributors the “exclusive” right to sell enLux products to select customers based on a successful sales history. This exclusive right to sell shall be for a limited time period. If during this time period, the customer continues to purchase enLux products through the “exclusive” Distributor, the time period will be extended. The length of the exclusive time period is up to the sole discretion of enLux personnel.
The granting of “exclusivity” is intended to protect and reward a Distributor’s sales efforts for a particular project or customer.
enLux shall maintain a list of the current customers who have become registered “exclusives”, meaning that no other Distributor shall sell, represent, or promote enLux products to those customers. The “exclusive” customer list shall be available through the Distributor section of the enLux website, or shall be available directly from enLux upon request. The “exclusive” customer list shall contain the following customer information: company name, city and state. enLux shall not disclose the names of the Distributors who have the exclusive ownership of each customer to any 3rd party, nor shall disclose any contact information of the customer.
enLux Distributors are prohibited from selling enLux products to customers who appear on the exclusive list, who are not their own.
enLux will not knowingly assist a Distributor who is “illegally” selling enLux products to an “exclusive” customer who is not their own. In the event that a distributor “illegally” sells enLux products to an “exclusive” customer who is not their own, enLux reserves the right to enact a penalty, such as adding a penalty to future pricing of the offending distributor for a limited time period. enLux can not be held financially or legally responsible to a Distributor for the loss of sales when another Distributor “illegally” sells enLux products to their “exclusive” customer.
Exclusive customers may buy enLux products through the “consumer” online store of the enLux Website, at full price. enLux will not offer any discounted pricing to “exclusive customers”. enLux recommends for exclusive customers to continue to work with and purchase through their Distributor.
The designation of customers, territories, applications, and industries as “exclusive” is solely determined by enLux Lighting. enLux reserves the right to award and remove “exclusivity” at any time with just cause.
Miscellaneous
enLux reserves the right to alter the terms and conditions of the “exclusivity” agreement at any time, without prior notice.
By ordering products from enLux Lighting, Distributor agrees to abide by the Terms and Conditions described herein.
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