Legrand North America, LLC

U.S. Consumer Terms of Sale

1. Other Documents. This Agreement may NOT be altered, supplemented or amended by the use of any other document(s) unless otherwise agreed to in a written agreement signed by both you and LNA. If you do not receive an invoice or acknowledgement in the mail, via email, or with your Product, information about your purchase may be obtained at webcs@legrand.us.
2. Payment Terms. Terms of payment are within LNA�s sole discretion and unless otherwise agreed to by LNA, payment must be received by LNA prior to LNA's acceptance of an order. Payment for the products must be made by credit card. Your order is subject to cancellation by LNA, in LNA's sole discretion. LNA is not responsible for pricing, typographical or other errors in any offer by LNA and LNA reserves the right to cancel any orders arising from such errors.
3. Shipping Charges; Taxes; Title; Risk of Loss. Shipping, handling and tax are additional unless otherwise expressly indicated at the time of sale. Title to Products passes from LNA to you upon shipment to you. You must notify LNA within sixty (60) days of the date of your invoice or acknowledgement if you believe any part of your purchase is missing, wrong or damaged.
4. Limited Warranty. Warranties for LNA products vary by product line. Full warranty details can be found by selecting the relevant LNA selling company at http://www.legrand.us/support/overview.aspx and navigating to the warranty section. TO THE EXTENT NOT PROHIBITED BY LAW IN YOUR STATE, PROVINCE, JURISDICTION OR COUNTRY, THE WARRANTY AND THE REMEDIES SET FORTH AT SUCH WEBSITE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. EXCEPT FOR THE EXPRESS WARRANTIES CONTAINED IN ANY WARRANTY STATEMENT AND TO THE EXTENT NOT PROHIBITED BY LAW, LNA DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AND CONDITIONS AGAINST HIDDEN OR LATENT DEFECTS. SOME STATES, PROVINCES, JURISDICTIONS OR COUNTRIES DO NOT ALLOW DISCLAIMERS OF IMPLIED WARRANTIES AND CONDITIONS, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. TO THE EXTENT SUCH WARRANTIES AND CONDITIONS CANNOT BE DISCLAIMED UNDER THE LAWS OF THE UNITED STATES, CANADA (AND ITS PROVINCES) OR OTHERWISE, LNA LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES AND CONDITIONS TO THE DURATION OF THE EXPRESS LIMITED WARRANTY AND, AT LNA�S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED IN THE EXPRESS WARRANTY. SOME STATES, PROVINCES, JURISDICTIONS OR COUNTRIES MAY NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU. NO WARRANTIES OR CONDITIONS, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER THE LIMITED WARRANTY PERIOD HAS EXPIRED.
5. Return Policies; Exchanges. LNA accepts Product returns for any reason, opened or unopened, within 60 days of purchase. Once LNA receives your item, a refund will be credited to your purchasing credit card. To return an item, use the pre-printed label provided with your order shipment and follow the instructions provided in the box. You must return qualifying Product to us in its original or equivalent packaging. You are responsible for risk of loss on the return of a Product. If you fail to follow the return or exchange instructions and policies provided by LNA, LNA is not responsible for Product that is lost, damaged, modified or otherwise processed for disposal or resale. Provided you comply with the foregoing, credit will be given in the amount of the original amount paid for the returned Product. After 60 days after purchase, Products cannot be returned.
6. Changed or Discontinued Product. LNA's policy is one of ongoing update and revision. LNA may revise and discontinue any Product at any time without notice to you and this may affect information saved in your online "cart."
7. Telephone Communications. Telephone communications with us, including calls with any of our agents or independent contractors, may be monitored and/or recorded. You expressly consent, on behalf of yourself and other users of your phone number, to being monitored or recorded. By providing us with a mobile phone number as your contact number, you expressly authorize us to contact you regarding your account for nontelemarketing communications, via text message or telephone, including the use of prerecorded or auto-dialed calls, using that number.
8. Limitation of Liability. LNA DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO ANY LIABILITY FOR A PRODUCT NOT BEING AVAILABLE FOR USE, LOST PROFITS, LOSS OF BUSINESS OR FOR LOST OR CORRUPTED DATA OR SOFTWARE, OR THE PROVISION OF SERVICES AND SUPPORT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, LNA WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR FOR ANY CLAIM BY ANY THIRD PARTY. YOU AGREE THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCT, LNA IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AMOUNT INVOICED FOR THE APPLICABLE PRODUCT. SOME JURISDICTIONS MAY NOT ENFORCE ALL OF THESE LIMITATIONS, AND ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO YOU IN YOUR JURISDICTION WILL APPLY.
9. Export Policy. You agree that any purchased Products, which may include technology and software, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the Products are manufactured and/or received.. You agree that you wil not (i) supply the Products to any natural or legal person, organization or entity ("Prohibited Party") that is subject to embargo, sanction, or other similar restrictions, including but not limited to denied parties status, by the United States, France, or the European Union ("Restrictions"), (ii) export or re-export the Products to a banned country, or one which is subject to Restrictions, without having obtained all necessary authorizations from French, European or American authorities, (iii) export or re-export the Products, for the purpose of using them in sectors that are banned or subject to Restrictions (iv) export or re-export to, or engage in financial transactions with, any such party, organization or entity, or to any Prohibited Party, organization or entity with regard to which there is credible reason to believe that they fail to fully comply, or intend not to comply, with the Restrictions. You agree that Products purchased from LNA will not to be used for activities related to weapons of mass destruction, including activities related to the design, development, production or use of nuclear materials, nuclear facilities or nuclear weapons, or chemical or biological weapons. You further agree that you will not sell, lease or otherwise transfer Products to end users engaged in these activities.
10. Governing Law. YOU AGREE THAT THIS AGREEMENT, ANY SALES HEREUNDER, OR ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW AND EQUITABLE CLAIMS) BETWEEN YOU AND LNA arising from or relating to this Agreement, its interpretation or the breach, termination or validity thereof, the relationships which result from this agreement, LNA's advertising, or any related purchase SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CONNECTICUT, WITHOUT REGARD TO CONFLICTS OF LAW.
11. Dispute Resolution and Binding Arbitration. YOU AND LNA ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.