TERMS AND CONDITIONS

These Terms of Sale and Use (“Terms”) and the related policies, including our Privacy Policy, Shipping Policy, and Returns Policy which are incorporated herein by reference, govern your purchase of products from Getinphase.com and the use of this Website.

By ordering from Getinphase.com’s website or by other means or by using the site, you acknowledge that you have read, accepted and agreed to be bound by these Terms without limitation, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these terms carefully before accessing or using our website. By accessing or using any part of the site or ordering from Getinphase.com, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms are considered an offer, acceptance is expressly limited to these Terms.

Warranty

Getinphase.com warrants our products to meet performance criteria outlined in product specifications and to be free from manufacturing defects in material and workmanship for the stated warranty period, subject to the terms and conditions provided in this Limited Warranty (“Warranty”). The product specifications and applicable warranty periods for each of our products are specified on the corresponding product page at www.getinphase.com.

Many products offered by Getinphase.com are covered by an independent manufacturer’s warranty for which you may find remedy.

This Warranty is valid and applies only when Getinphase.com products are properly utilized for their intended purpose as provided in the product specifications and are properly wired and installed in accordance with the product specifications, product installation instructions, all applicable building codes, the latest National Electrical Code (NEC) and all applicable UL safety standards. This Warranty applies only to the original installation of our products by the original purchaser and cannot be transferred.

The warranty period begins on the date of original shipment. If a product is replaced or repaired under this Warranty, the period does not start over. Instead, the warranty period for the replacement product will maintain the warranty period of the original product. Please refer to the product specifications at www.getinphase.com for the warranty period applicable to each product. Where a period is not stated, the warranty period is one (1) year.

Getinphase.com makes absolutely no warranties other than those set forth in this Warranty, and this Warranty is provided in lieu of all other warranties, express or implied, including, but not limited to any warranties of merchantability, infringement, or fitness for a particular purpose, except as expressly required under applicable law. Getinphase.com shall not be liable for any incidental or consequential damages in connection with or arising out of the use of our products or for any other indirect damages, including, but not limited to, lost or anticipated revenues or profits, loss of property, damage to property, personal injury, injury to reputation and/or loss of customers. Our sole liability with respect to defects, at our sole option, is for replacement, repair or refund of the defective product. The LED lighting industry is a quickly evolving business and we are always improving our products as technology advances. In the event that a product, or any of its parts or components, has changed or been updated, Getinphase.com reserves the right to repair with new components, or replace with a similar/comparable item in our sole discretion. Any refund will not exceed the original cost paid by the purchaser for the defective product. Getinphase.com’s liability shall be strictly limited to the total amounts paid for the defective products to Getinphase.com by the original purchaser.

Every lighting technology has some amount of gradual light degradation (output and/or color) over the life of the product, which is to be expected. Getinphase.com utilizes advanced design and manufacturing techniques to minimize this degradation, but some level of light degradation or a slight color shift is a normal part of the life span of any light source. In the event Getinphase.com replaces a product under this Warranty, we can’t guarantee that the color or light output of the new product will exactly match previously purchased and/or existing installed product, and we can’t be held responsible for this.

No person, partner, reseller, employee (including but not limited to salespeople, customer service representatives, and engineering staff), architect, designer, electrician, retailer or installer is authorized to make any other warranties, express or implied, relating to Getinphase.com’s products. This Warranty cannot be modified without the express written approval of the Getinphase.com’s President or CEO.

Our Warranty does not apply to any of the following situations:
• Products that have been physically damaged or which have been subjected to abuse, mishandling, misapplication, or misuse;
• Products that have been damaged due to improper installation, configuration, design and/or layout;
• Products that have been opened, disassembled or tampered with;
• Products that have been used in inappropriate environmental conditions (temperature, humidity, moisture, etc.) or locations outside the normal specified range;
• Products that have been used in connection with any power supplies, drivers, components, devices or systems other than those explicitly approved as compatible with our products and listed on our website: www.getinphase.com;
• Products that have been damaged due to electrical power surges and/or spikes;
• Products that have been damaged by lightning, high winds, hail, flooding, tornado, fire or other acts of god;
• Products that have been used in any manner, or for any purpose, that is inconsistent with our product specifications, as listed on www.getinphase.com;
• Products that have been modified, altered or repaired by the customer or installer. These products maintain their applicable certification (either UL, CE or ETL) after connector plugs have been trimmed as long as the products have been properly installed in accordance with national and local electrical codes.

We reserve the right to examine and photograph the installation site and examine and test all products under claim of warranty to evaluate the root cause of the products failure and to consider whether the product was properly configuration, wired, designed, installed and used; and to ultimately decide whether the product is covered under this Warranty. If we determine, at our sole discretion, that the claim is within the terms and conditions of this Warranty, Getinphase.com will, at our sole discretion, either repair the product, provide a replacement product, or remit a cash or credit refund. Getinphase.com is not responsible for any other expenses resulting from a warranty claim, such as shipping, labor or other costs or expenses to remove, repair or install any defective, repaired or replaced product.

Getinphase.com holds ourselves accountable and we stand behind our work when products are used properly and according to the product specifications. By purchasing our products, you agree and acknowledge that lighting design, installation, and configuration is complex, and what may be perceived as minor factors can have substantial impacts on the project outcome. Choosing the right selection of luminaires, drivers and control mechanisms, as well as proper electrical wiring and layout is critical. We always work with our customers to recommend lighting systems and products that fit the customer’s needs; however, you acknowledge that it is virtually impossible for Getinphase.com to design a system that foresees every unknown factor of your project. Because of this, our Warranty does not cover problems caused by improper design, configuration or installation issues. You agree and acknowledge that it is the customer’s responsibility to adhere strictly to all information contained in the product specifications and installation instructions.

We strongly recommend that a licensed professional be used in the design and installation of all lighting systems.

Limitation of Liability

In no case shall InPhase, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, costs of delays, liquidated damages, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the website or any products procured from Getinphase.com, or for any other claim related in any way to your use of the website or any product, including, but not limited to, any errors or omissions, or any loss or damage of any kind incurred as a result of the use of the website or any content (or product) posted, transmitted, or otherwise made available via the website, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Website and Content Ownership

All of the content presented or displayed on this Website, including, but not restricted to, text, graphics, photographs, images, moving images, sound, illustrations and software (“Content”), is owned by Getinphase.com, its licensors and its content providers. All products are copyrighted or trademarked by their respective manufacturers. Every aspect of this site and its Content is protected by trade dress, copyright, moral rights, trademark and other laws pertaining to intellectual property rights. No piece or aspect of this Website or its Content may be duplicated or retransmitted via any means, and this Website, its Content and all related rights shall remain the exclusive property of Getinphase.com or its licensors or content providers unless otherwise explicitly agreed upon. You shall indemnify Getinphase.com, its licensors and content providers against any losses, expenses, costs or damages incurred by any of them resulting from your breach of these Terms, including your unauthorized use of the Content and related rights.

“Getinphase.com” and its logo are trademarks of Getinphase.com.

Accuracy, Completeness, and Timeliness of Information

We strive never to make errors of any kind, especially pricing. If we make an error in pricing, we will notify you of the correct price. We make no representations or warranties as to the Content’s accuracy, correctness or reliability.

Manufacturers may make changes to the appearance or performance of their products. We attempt to provide accurate pictures and technical details of products, but are not responsible for minor variations in appearance or performance. In some cases, we knowingly supply pictures of several colors of a product that may not include a color offered for sale because we do not have a picture of that color. The color and contrast of pictures varies by monitor and by printer.

Further, we are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Prices

Prices shown do not include shipping or sales tax. Prices are subject to change without notice. We reserve the right to discontinue products or services without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the website.

Products and Availability

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

Accounts

We reserve the right to refuse any order you place with us. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your phone number, email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Third Party Links

Certain content, products and services available via our website may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Prohibited Uses

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the website or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the website or any related website, other websites, or the Internet. We reserve the right to terminate your use of the website or any related website for violating any of the prohibited uses.

Order Cancellations

To offer the highest degree of customer satisfaction, we process orders immediately after they are placed. In the event that you change your mind after placing an order, contact us as soon as possible. Once an order is fulfilled, it cannot be cancelled. If the items purchased are eligible for return, you can refer to our return policy and contact customer service to setup a return of the unwanted merchandise.

Sales Tax

Getinphase.com operates in a growing number of states in the U.S. We withhold sales tax based on the shipping address of the order in compliance with local law. If your shipping address is outside the U.S., you are responsible for paying any taxes and duties due.

Past Due Amounts

1.8% per month may be charged on all past due amounts owed to Getinphase.com.

Indemnification

You agree to indemnify, defend and hold harmless Getinphase.com and its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

If any provision of these Terms are held illegal, unenforceable or in conflict with any law by a court of competent jurisdiction or arbiter, such provision shall be deemed severed from these Terms and the validity of the remainder of these Terms shall not be affected thereby.

Changes to Terms

You can review the most current version of the Terms at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or use of our products and services following the posting of any changes to these Terms constitutes acceptance of those changes.

Governing Law and Venue

These Terms of Sale and Use shall be governed by and construed in accordance with the laws of California applicable to contracts made and to be enforced wholly within California, without reference to its laws relating to conflicts of law and not including the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods. Venue for all disputes arising under this Agreement shall lie exclusively in the Circuit Courts of the State of California in Los Angeles County or the Federal District Court nearest San Diego (as permitted by law) and each party agrees not to contest the personal jurisdiction of these courts. Notwithstanding the foregoing, however, Getinphase.com shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Getinphase.com, such action is necessary or desirable.

Contact Information

Any questions about Getinphase.com terms of Use should be sent in writing to:
InPhase, Inc.
Attn: Office of the President
27811 Avenue Hopkins Unit 2
Valencia, Ca 91355