Lite Tek Entertainment. Terms and Conditions of Sale

  1. Exclusivity of Terms and Conditions: Except as may be provided in a separate agreement signed by both parties, these Terms and Conditions of Sale (“Terms”) shall apply to all sales transactions between Lite Tek Entertainment  and a customer (including a customer’s owners, directors, officers, agents, representatives, employees, contractors, insurers, successors, assigns, and/or any other entity for whom a customer may be legally responsible) (collectively, “Customer”). Lite Tek Entertainment  will accept purchase orders, sell Products and Services, and conduct business only on these Terms. Unless otherwise agreed to in a writing signed by Lite Tek, these Terms are incorporated by reference into any purchase order or other document(s) that evidences a sales transaction between Lite Tek Entertainment  and Customer (“Contract”), and Lite Tek Entertainment  expressly rejects any terms or conditions contained in any Customer document or Contract that are inconsistent with these Terms.                                                

  2. Products and Services: “Products” shall mean any and all tangible items that Lite Tek Entertainment  provides to Customer, including, without limitation, lighting, accessories, supplies whether purchased, leased or borrowed from Lite Tek. “Services” shall mean any and all services that Lite Tek Entertainment  performs for Customer.

  3. Ownership of Products: Lite Tek Entertainment  shall own and retain a purchase money security interest in Products until Customer has paid the full price for them. If Customer defaults in any payments, Lite Tek Entertainment  may exercise any of its rights as a title holder and secured party, including repossessing Products. Customer shall execute whatever financing statements Lite Tek Entertainment  may ask Customer to execute. Customer shall not allow any alteration or modification of any Products and shall keep Products free and clear of all levies, liens and encumbrances unless and until Customer has paid the full purchase price for purchased Products and while Customer is renting Products. Customer shall timely pay all federal, state, and local taxes (including property taxes) currently or subsequently assessed upon the Products sold or delivered, and all federal, state, and local taxes measured or determined in whole or in part by sales or deliveries of products If Lite Tek Entertainment  pays such taxes, Lite Tek Entertainment  will charge such payments to Customer’s account and they will become payable then.

  4. Rented Equipment Ownership and Terms of Use:  Lighting equipment that Customer does not purchase from Lite Tek Entertainment  is “rented equipment”.

  5. Lite Tek Entertainment  equipment shall continue to own and retain a purchase money security interest in all rented fixtures, at all times during a rental period. Unless otherwise specified, Lite Tek Entertainment  rents equipment on a daily basis at current daily rates beginning with Customer’s receipt of rented equipment and ending at the same time the following day. Lite Tek Entertainment  may terminate a rental or lease term at the end of any such term, and Lite Tek Entertainment  may terminate a rental or lease term during the term if (a) Customer fails to pay Lite Tek Entertainment  within payment terms, (b) Customer breaches any of these Terms, or (c) Customer voluntarily or involuntarily becomes insolvent, becomes a debtor in a receivership proceeding, makes an assignment for its creditors’ benefit, or commits a fraud by conveyance against Lite Tek Entertainment  or Customer’s other creditors. If Customer does not return rented equipment before or when they are due, the equipments’ daily rental term is automatically renewed each day until Customer returns the daily rented cylinders to Lite Tek Entertainment  in good condition  and with all parts and fittings intact. Customers shall not permit any third party to repair or replace parts. Customers shall promptly pay Lite Tek Entertainment  for any necessary cleaning fees for any contamination to or for loss of or damage to Lighting, video and/or truss and cables at LiteTek’s standard fees and prices then in effect. Customers shall not permit equipment to be moved from the consuming locations, or loan or cede control of any equipment to any third party. Nor shall Customer alter any markings on any equipment, including cables or fittings. All equipment that Customer does not return to Lite Tek Entertainment  within thirty (30) days after the rental term terminates shall be considered lost and Customer shall promptly pay for them at the applicable cost then in effect. If Customer later returns to Lite Tek Entertainment  any lost equipment, Lite Tek Entertainment  shall refund what Customer paid for them, less rental fees for the time the cylinders were missing and less the cost of necessary repairs. The customer agrees to make itself aware of and shall comply with all rules, regulations and safety precautions relating to use of the equipment.

  1. Delivery and Installation of Products: Unless otherwise agreed to in writing, delivery shall be FOB point of shipment, and risk of loss and title to Equipment shall pass to Customer upon delivery of the equipment to the carrier for shipment. Lite Tek Entertainment  shall use commercially reasonable efforts to fill Customer’s order within the estimated time quoted, but in no event shall Lite Tek Entertainment  be liable for any damages associated with Lite Tek’s inability to meet any estimated timeframes or deadlines. If Customer asks Lite Tek Entertainment  to deliver equipment during a strike or other concerted act of workers affecting Customer, then Customer assumes all risk for such a delivery, Customer shall provide for Lite Tek’s safety during such delivery, and Customer agrees to defend, indemnify and hold Lite Tek Entertainment  harmless for any and all liability arising from such delivery, including damages for any personal injury (including death) and any property damage or destruction. If installation is included in the sale of a Product or system, and Customer delays Lite Tek Entertainment ’s installation process, Customer agrees to pay for the extra installation time at Lite Tek’s then current rates.

  2. Payment Terms: Unless otherwise agreed to in writing, Customer shall pay Lite Tek Entertainment  in full within thirty (30) days of the invoice date. Lite Tek Entertainment  shall charge Customer interest on any overdue balance at one and one-half percent (1.5%) per month or the highest rate that the law permits, whichever is greater. If Lite Tek Entertainment  incurs any costs or fees to collect any overdue amount Customer owes Lite Tek Entertainment and/or to repossess a Product, then Customer shall reimburse Lite Tek Entertainment  for all such costs or fees (including attorneys’ fees and court costs) in addition to the amount Customer owes Lite Tek. If Lite Tek Entertainment  has extended credit to Customer, that credit is subject to Lite Tek’s assessment

  3. Customer’s Duty to Inspect and Notify Lite Tek Entertainment  of Defects, and to Notify Lite Tek Entertainment  of Incidents: Customer shall thoroughly inspect each Product within 24 hours after delivery and immediately notify Lite Tek Entertainment of any defects or unsafe conditions. If Customer continues to use a Product after discovering a defect or unsafe condition, such use shall void all warranties and release Lite Tek Entertainment  from all liability caused in whole or in part by such use, and Customer agrees to defend, indemnify and hold Lite Tek Entertainment  harmless for all liability arising from such use. Customer further agrees to immediately notify Lite Tek Entertainment  of any injury or death to persons and/or destruction or damage to property that occurs during Customer’s use, storage, handling or transporting of a Product so Lite Tek Entertainment  can investigate the occurrence.

  4. Customer’s Duty to Review Safety Information and Warn Others: Customer acknowledges and accepts its duty to review Safety Data Sheets and product-specific safe handling instructions and warnings that describe the Products and how to handle them safely. Customer also acknowledges that it has full knowledge of the potential hazards associated with storing, distributing and using the equipment, including the danger of asphyxiation in an oxygen-deficient environment in connection with Haze Fluid products. The customer also assumes the duty to warn its personnel and all other third parties on its premises of such potential hazards.

  5. Lite Tek Entertinament’s Warranty Disclaimer, Customer’s Exclusive Remedies and Agreement to Not Bring Suit, and Lite Tek’s Damages Limitation.The only warranty that applies to a Product is the Product manufacturer’s warranty, if any, and Lite Tek Entertainment ’s warranty that, at the time of delivery, the Product will conform to Lit Tek’s specifications for the period of time specified, if any, or for ninety (90) days. The only warranty that applies to a Service is that Lite Tek Entertainment  will perform the Service in a workmanlike manner in accordance with specifications. EXCEPT WHERE THE LAW FORBIDS DISCLAIMING SUCH WARRANTIES, LITE TEK Entertainment  DOES NOT OFFER ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES IMPOSED BY COURSE OF DEALING OR USAGE OF TRADE. CUSTOMER AGREES NOT TO CLAIM OR COMMENCE SUIT AGAINST LITE TEK Entertainment  BASED ON ANY SUCH DISCLAIMED WARRANTIES. Customer’s remedies with respect to Products, or with respect to any alleged breach of or default under these Terms and Conditions (including any breach of warranty), shall be limited exclusively to those remedies a Product’s manufacturer provides, if any, OR, IF LITE TEK ENTERTAINMENT SELLS CUSTOMER A NONCONFORMING PRODUCT, Lite Tek Entertainment  WILL REPLACE THE PRODUCT WITH A CONFORMING PRODUCT AT NO COST TO CUSTOMER OR REFUND CUSTOMER THE PURCHASE PRICE, AT LITE TEK’S ELECTION. IF LITE TEK ENTERTAINMENT PERFORMS A SERVICE THAT DOES NOT CONFORM TO SPECIFICATIONS, LITE TEK ENTERTAINMENT  WILL RE-PERFORM THE SERVICE AT NO COST TO CUSTOMER OR REFUND CUSTOMER THE PURCHASE PRICE OF THE NONCONFORMING PORTION OF THE SERVICES, AT LITE TEKENTERTAINMENT’S ELECTION. THESE ARE CUSTOMER’S EXCLUSIVE REMEDIES. EXCEPT WHERE THE LAW FORBIDS SUCH DISCLAIMERS OR LIMITATIONS, IN NO EVENT SHALL LITE TEK ENTERTAINMENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR COLLATERAL DAMAGES, LOST PROFITS, LOST REVENUE, ECONOMIC LOSSES, OR SPECIAL DAMAGES OF ANY NATURE WHICH MAY ARISE IN CONNECTION WITH PRODUCTS OR SERVICES OR ANY BREACH OF OR DEFAULT UNDER THESE TERMS AND CONDITIONS. IN NO EVENT BASED ON ANY THEORY OF LIABILITY, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHER GROUNDS, SHALL Lite Tek’S LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT WITH RESPECT TO SUCH CLAIM IS MADE.                                                                                                                                                                            

  6. Lite Tek Entertainment ’s Disclaimer Regarding Technical Advice: Unless otherwise agreed to in writing, Lite Tek Entertainment  does not charge for its technical advice, Customer is solely responsible for selecting the most appropriate Products and Services for Customer’s specific applications, AND LITE TEK ENTERTAINMENT DOES NOT WARRANT OR ASSUME ANY OBLIGATION OR LIABILITY FOR ANY TECHNICAL ADVICE OR FOR ANY RESULTS OCCURRING AS A RESULT OF CUSTOMER USING A PRODUCT, SERVICE, OR LIT TEK ENTERTAINMENT’S ADVICE.

  7. Customer’s Agreement to Defend, Indemnify and Hold Lite Tek Entertainment Harmless: To the fullest extent the law allows, Customer agrees to defend, indemnify and hold Lite Tek Entertainment harmless from and against any and all claims, suits, losses, damages, liabilities, judgments, awards, costs, and expenses (including, without limitation, attorneys’ fees) resulting from any injury (including death) to any entity, person, or property which arises out of or relates in any way to Customer’s possession or use of Products where the claim’s basis is anything other than Lite Tek Entertainment ’s sole negligence.

  8. Force Majeure: Lite Tek Entertainment  shall not be liable for any delay in performance by reason of strike, shortage, riot, insurrection, fire, flood, storm, explosion, earthquake, telecommunications outage, act of God, war, act of terrorism, governmental action or any other cause which is beyond Lite Tek’s reasonable control. In the event of any such delay, Lite Tek Entertainment ’s performance shall be postponed by such length of time as may be reasonably necessary to compensate for the delay. If such a force majeure event affects only a part of Lite Tek’s ability to provide equipment, Lite Tek Entertainment  may allocate sales or rental of equipment between all of Lite Tek’s Customers and Lite Teks Ent’s own needs in a fair and reasonable manner. Customer agrees to pay or reimburse Lite Tek Entertainment  for any additional costs Lite Tek Entertainment  incurs relating to the supply of Products to Customer during a force majeure event.

 

  1. Confidentiality: All documents and computer screen shots provided to either party in connection with a sales transaction, and the information contained in such documents and screen shots are proprietary and confidential to the disclosing party and may constitute trade secrets. The receiving party therefore agrees to not reproduce or distribute such materials to third parties unless legally required. Unless otherwise agreed in writing, the receiving party shall keep all such information confidential for five (5) years from the date it received the information.

 

  1. Modifications, Waivers, and Severability: No modification of any of these Terms shall bind either party unless the parties both sign and date the modification and it references modifying one or more of these Terms. Lite Tek Entertainment ’s waiver of any of these Terms shall not be deemed a continuing waiver and shall only apply to specific waivers. If any of these terms is determined to be invalid or unenforceable, then such invalidity or unenforceability shall have no effect on the other terms, which shall remain valid, binding and enforceable and in full force and effect, and such invalid or unenforceable term shall be construed in a manner so as to give the maximum valid and enforceable effect to the intent of the parties.

 

  1. Updating of These Terms: Lite Tek Entertainment  may change these Terms at any time in its sole discretion. The customer therefore agrees to regularly review these Terms. Those Terms in effect at the time of each new order or delivery shall be those contained on this website http://www.litetekent.com/terms at the time of such order or delivery.