Terms & Conditions
By placing an order with Nightscaping®, LLC. (“Nightscaping”, “us”, “we”, “our”, “www.nightscapingusa.com”) you agree to our Policies, Terms, & Conditions. The following terms and conditions constitute a binding agreement between you and Nightscaping, LLC. and are referred to herein as either ‘terms and conditions’ or ‘this agreement’ for purposes of this agreement Nightscaping® shall be referred to as seller.
Please read the terms and conditions of this agreement carefully before accepting below. Buyer’s purchase of the products is expressly conditioned on acceptance of the following terms and conditions. Buyer accepts the following terms and conditions by making a purchase from, or placing an order with, seller for products or shopping on any seller website. The following terms and conditions shall apply to all purchases and orders, whether made via email, verbal (by telephone) or by written orders sent by buyer to seller, notwithstanding any conflict with the terms and conditions of any order or other instrument provided by buyer to seller; such terms and conditions of buyer are hereby rejected by seller and shall not be incorporated into this agreement.
The following terms and conditions are subject to change without prior notice, except that the terms and conditions posted hereon at the time buyer makes a purchase or places an order will govern unless otherwise agreed in writing by seller and buyer.
Installation of Products
Buyer expressly acknowledges and agrees that if it is necessary to perform any work on any line voltage for use of Seller’s Products, Buyer will have a qualified, licensed electrician perform the line voltage work. Any installation of the Products by someone other than a qualified, licensed electrician shall be performed by Buyer at Buyer’s own risk and liability. Seller will not be held responsible for or accept or assume any liability in connection with any line voltage work for use of the Products, the electrical installation or modification of any of its Products, or injuries or damages incurred in connection with the foregoing.
The installation of the Products must be in compliance with all local, state, and federal laws, rules, codes, and regulations. Buyer shall be solely responsible for compliance with such laws. Any improper installation and/or modification of the Products can cause serious harm possibly resulting in death or personal injury. Buyer should consult with a qualified, licensed electrician who adheres to and accepts all responsibility for electrical installations in compliance with all applicable local, state, and federal laws, rules, codes, and regulations. SELLER SHALL NOT BE RESPONSIBLE FOR ANY INJURY OR DEATH ARISING FROM THE USE OR INSTALLATION OF SELLERS PRODUCTS.
The information on Seller’s website regarding installation of the Products is for demonstration/education purposes only and is not intended for use by anyone other than a qualified, licensed electrician. Without limiting the foregoing, Seller does not represent or warrant that the information available through this website is accurate, complete, reliable, useful, timely or current. Seller disclaims any liability as to the accuracy or completeness of such information. Seller assumes no risk or responsibility for Buyer’s use of any of the content provided on this website. Under no circumstances shall Seller be liable for any direct or indirect losses or damages arising out of or in connection with the use of the information on this website.
The warranty guarantees that products will be free of defects in material and workmanship when the products are installed, operated, and maintained according to applicable codes and regulations, supplied instructions, and under conditions of ‘normal use’. All warranties are subject to the limitations and conditions described below. Visit our “warranty” page for details.
Limitations and Conditions
- Warranty does not apply to any Products that have been subjected to misuse, mishandling, misapplication, neglect (including but not limited to improper maintenance), accident, vandalism, improper installation, improper packaging of Products returned to Seller, modification (including but not limited to use of unauthorized parts or attachments), or adjustment or repair by someone other than Seller.
- Warranty does not cover damage due to power surges, power spikes, or the application of voltages outside the acceptable range of voltages as defined in product specifications. Also not covered, is the application of DC (direct current) power when AC (alternating current) power is required (or vice versa), and the use of non-approved electronic transformers and dimmers.
- Warranty does not cover ‘Acts of God’ such as lightning, floods, hail, tornado, fire, earthquake, hurricanes, and other extreme weather events.
- Warranty does not cover water damage to Products (not specifically sold as Underwater Products) that have been submerged in water, mounted in an incorrect orientation, improperly assembled, or been subject to excessive contact with water spray from irrigation nozzles or drainage flows.
- Transformers must be installed according to provided instructions – evidence of improper mounting or wiring voids the warranty. Transformer housings, when mounted on oceanfront properties must be protected from direct contact with salt spray.
- It is normal for Nightscaping’s® natural metal finishes to patina, oxidize, and change colors. It is also normal of other types of finishes such as powder coatings to discolor or blister when exposed to sunlight, irrigation systems, reclaimed water, sea water, acid rain, and other sources of aggressive agents. These coatings may also be affected by physical factors resulting in damage to the coatings. These changes are not covered by warranty. Warranty does not cover normal patina or discoloration of finishes on fixtures, including residue build ups from outside contaminants, as this is normal for natural metals and part of the authentic beauty of these types of metals in the outdoor environment.
- These warranties extend only to the Product ownership by the original purchaser and are void when the original purchaser ceases to own the Product. These warranties are not transferable whether to heirs, subsequent owners, or otherwise.
- These warranties do not cover labor or other costs or expenses to remove or install any defective, repaired, or replaced Product.
- If a Product is covered under any of the foregoing warranties, such Product will be replaced or repaired, or, at the Seller’s sole option, the purchase price will be refunded.
- The foregoing warranties are exclusive and in lieu of all other warranties. Seller makes no representations or warranties except as expressly set forth herein. Seller expressly disclaims all other representations and warranties, express or implied, including, but not limited to, any supplier or distributor of Seller that modifies or amends this limited warranty.
To replace a product that is suspected of having a warranted defect, the original Customer must contact Nightscaping® and obtain a return goods authorization (RGA) and ship FOB destination to the Nightscaping® Manufacturing Center identified on the RGA. The original owner must include proof of purchase, original purchaser’s name, return address, and a detailed description of the parts or products considered to be defective. The Customer is responsible for the cost of labor to remove, repair, and re-install any product.
Nightscaping® reserves the right to have a Nightscaping® authorized technician inspect the installation prior to removal of product to verify any defect claim when applicable. If any of the warranted products are found by Nightscaping® to be defective, such products will, at Nightscaping’s® sole discretion, be replaced, repaired, or refunded less an amount directly attributable to the Customer’s prior use – such use to be calculated as a percentage of published estimated life.
Repaired or replaced product will be returned prepaid according to the shipping information provided by the original Customer as noted on the RGA. The parties hereto expressly agree that Customer’s sole and exclusive remedy against Nightscaping® shall be for the repair, replacement, or refund of defective products as provided herein. This warranty extends only to product ownership by original purchaser (i.e. Customer) and is not transferable whether to heirs, subsequent owners, or otherwise. This warranty does not cover labor or any other expenses to remove or install any defective, repaired, or replaced product.
This warranty does not apply to any products that have been subject to misuse, mishandling, misapplication, neglect (including but not limited to improper maintenance), accident, improper installation, acts of God, improper packaging of returned products, modification, lightning strikes, voltage surges, or operating voltages in excess of +/ – 10% of the standard supply voltage of 120 volts or 230/240 volts AC, 50/60 Hz.
The forgoing warranty is in lieu of all other warranties expressed or implied including those of merchantability, fitness, or for any particular purpose or infringement. Original Customer shall in no event be entitled to, and Nightscaping® shall not be liable for, indirect, special, incidental, or consequential damages of any nature, including, but not limited to, loss of profit, injury to reputation, and/or loss of customers. No employee or agent of Nightscaping® may extend, modify, and /or change the terms of this warranty.
The sale takes place Ex Works Chester County, West Chester, PA. The customer is purchasing goods at our location. You may pick them up at our warehouse in West Chester, PA or elect to have us forward your goods to you. If you want your goods shipped to you, we are only responsible for the goods until they leave our warehouse and your shipper picks them up. The customer is paying for the shipping and paying for us to ship the goods via your preferred shipper (we usually default to UPS). Any problems with delivery should be directed to your shipper. If we have a tracking number we will furnish it to you to assist you in communicating with your shipper.
Limitation of Liability
The foregoing limited warranty provides the buyer’s sole and exclusive remedy relating to seller’s products. Under no circumstances and notwithstanding the failure of essential purpose of any remedy set forth herein, seller shall not be liable for (A) any special, indirect, incidental, punitive or consequential damages, including, but not limited to, loss of profits, business revenues or savings, promotional and/or manufacturing expenses, overhead, injury to reputation and/or loss of customers, even if seller has been advised of the possibility of such damages or such damages are otherwise foreseeable, and regardless of whether a claim for any such liability is premised upon breach of contract, warranty, negligence, strict liability or other theory of liability; (B) any claims, demands, or actions against buyer by any third party; (C) any loss or claims, including claims for personal injuries or death, arising from the use or installation of seller’s products; (D) any loss or claims arising out of or in connection with buyer’s implementation of any advice, recommendations or instructions by seller based on, resulting from, arising out of or otherwise related to the products.
Nightscaping® Customers may return most new, un-opened items with a 15% restocking fee. Products may be returned for credit only if unmarked, unopened, in the original sealed packages. To be eligible for credit, items must be within 90 days of original purchase date. All products that are unmarked, unopened, and in the original sealed packages that are 90+ days old are not accepted by Nightscaping for return. Nightscaping reserves the right to reject any product returned more than 30 days after the invoice date. Buyer will be responsible for return freight. Buyer shall be responsible for any freight loss or damage during return. Nightscaping will pay the return shipping costs if the return is a result of Nightscaping’s error (i.e. If incorrect or defective products are received).
Nightscaping will provide a refund within two to four weeks from the date of receiving the returned products back in undamaged and re-sellable condition. This time period includes the transit time to receive the return (5 to 10 business days), the time it takes to process the return once it is received (3 to 5 business days), and the time it takes the bank to process the refund request (5 to 10 business days).
To return an item to Nightscaping® please email firstname.lastname@example.org. An RGA number will be generated and provided so the products can be returned successfully to Nightscaping®.
In the event that any of Seller’s Products are mistakenly listed at an incorrect price, Seller reserves the right to refuse or cancel any orders placed for Products listed at the incorrect price. Seller reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Seller shall issue a credit to your credit card account for the amount charged.
Governing Law and Jurisdiction
The validity, interpretation, construction, and enforcement of this Agreement are governed by the laws of the State of Pennsylvania, excluding the laws of that jurisdiction pertaining to the resolution of conflicts with other laws of other jurisdictions. Buyer consents to the personal jurisdiction of the state and federal courts having jurisdiction over Chester County, Pennsylvania, consents and agrees that the proper, exclusive, and convenient venue for every legal proceeding arising out of this Agreement is Chester County, Pennsylvania, and waives any defense, whether asserted by motion or pleading, that Chester County, Pennsylvania is an improper or inconvenient venue.
This Agreement records the final, complete, and exclusive expression of the understanding between the parties with respect to the matters addressed in it and supersedes any prior or contemporaneous agreement, representation, or understanding, oral or written, by either of them, including any written instruction manuals or other terms and conditions on Seller’s website.
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by www.nightscapingusa.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
www.nightscapingusa.com may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to www.nightscapingusa.com.
Your use of this site shall be governed in all respects by the laws of the state of Pennsylvania, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of www.nightscapingusa.com products) shall be in the state or federal courts located in Chester County, Pennsylvania. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of www.nightscapingusa.com products) must be commenced within one (1) year after the claim or cause of action arises. www.nightscapingusa.com’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. www.nightscapingusa.com may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.nightscapingusa.com or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
www.nightscapingusa.com does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, www.nightscapingusa.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, www.nightscapingusa.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.nightscapingusa.com in its sole discretion.
You agree to indemnify, defend, and hold harmless www.nightscapingusa.com, its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
In an attempt to provide increased value to our visitors, www.nightscapingusa.com may link to sites operated by third parties. However, even if the third party is affiliated with www.nightscapingusa.com, www.nightscapingusa.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.nightscapingusa.com. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, www.nightscapingusa.com seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of www.nightscapingusa.com. The collective work includes works that are licensed to www.nightscapingusa.com. Copyright 2018 www.nightscapingusa.com, ALL RIGHTS RESERVED.
Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with www.nightscapingusa.com or purchasing www.nightscapingusa.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with www.nightscapingusa.com or to purchase www.nightscapingusa.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by www.nightscapingusa.com. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of www.nightscapingusa.com used in the site are trademarks or registered trademarks of www.nightscapingusa.com.
Nightscaping® (www.nightscapingusa.com) aka ‘seller’ primary method of communication with the buyer will be done electronically through email. Buyer opts-in to future communication from the seller regarding products purchased, changes in service, news of new products and important information that may affect the buyers future use of existing products and/or services. Email opt-out can be done at anytime via the unsubscribe link found in every automated email delivered by Nightscaping® or by calling customer service at (484) 842-4465. For a complete list of all warranty terms please visit our warranty page.