1. Acceptance of these terms
These Terms of Service (“Terms”) form a binding agreement between you and Sumar International, Inc., a Delaware corporation trading as uBRITE Lighting. By accessing this website, submitting a form, placing an order or accepting a quotation you agree to be bound by them.
If you are agreeing on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” means that entity.
If you do not agree to these Terms, do not use the site or order from us.
2. Use of the website
We grant you a limited, revocable, non-exclusive, non-transferable licence to access and use the site for your own internal or personal purposes.
You must not:
- copy, reproduce, republish or redistribute any part of the site except as permitted in section 8;
- use any automated system to access the site in a way that sends more requests than a human could reasonably produce, or that degrades the service for others;
- scrape, harvest or mine content for the purpose of training a machine-learning model without our prior written permission;
- attempt to gain unauthorised access to any part of the site, its servers or any connected system;
- introduce malware, or interfere with the site’s operation or security;
- use the site for any unlawful purpose, or in breach of any applicable export control or sanctions law;
- misrepresent your identity or affiliation, or submit another person’s data without authority.
We may suspend or terminate access without notice for breach of this section.
3. Orders, quotations and formation of contract
Product listings and published prices are an invitation to treat, not an offer. Your order is an offer to buy, which we accept only when we issue a written order confirmation or dispatch the goods, whichever is earlier.
Written quotations are valid for 30 days from issue unless stated otherwise, and are subject to stock availability at the time of acceptance. A quotation is not an order confirmation.
We may decline any order, including after payment has been taken, where:
- the goods are out of stock or discontinued;
- a price or specification has been published in error (see section 4);
- we cannot verify the billing or delivery details;
- the order appears fraudulent, or would breach export control or sanctions law;
- the quantity is inconsistent with normal consumer use and no trade account is in place.
Where we decline an order after payment, we refund in full within 5 working days.
4. Prices, taxes and payment
Prices are in United States dollars and exclude sales tax, which is calculated at checkout according to the delivery address, and excludes delivery charges shown separately before you confirm.
We may change published prices at any time, but the price applying to an accepted order is the price shown at the time of acceptance.
Pricing errors. If a price is obviously wrong — for example an order of magnitude below the correct figure — and the error should reasonably have been apparent, we are not obliged to supply at that price. We will contact you to confirm the correct price or cancel and refund in full.
Consumer orders are payable in full at checkout. Approved trade accounts are payable net 30 days from invoice date. Overdue amounts carry interest at 1.5% per month or the maximum permitted by law, whichever is lower, together with reasonable collection costs.
We retain title to goods until payment is received in full. Risk passes to you on delivery.
5. Delivery and acceptance
Delivery terms, timescales and charges are set out in the shipping and returns policy, which forms part of these Terms.
Delivery estimates are estimates. We are not liable for delays caused by carriers, weather, customs or other matters outside our reasonable control, but we will keep you informed and, where a delay is material, you may cancel the undelivered part of the order for a full refund.
You must inspect goods on delivery and notify us of shortages or visible damage within 5 working days, and of latent defects within 30 days of discovery. Goods not rejected within these periods are deemed accepted, without prejudice to the warranty in section 6 and to any non-excludable statutory rights.
6. Product warranty
uBRITE products carry a limited warranty, set out in full in the warranty terms: five years on lamps registered within 90 days of purchase, and one year otherwise.
To the maximum extent permitted by law, and except as expressly stated in the warranty terms, all other warranties, conditions and terms, whether express or implied by statute, common law or otherwise, are excluded — including any implied warranty of merchantability, satisfactory quality or fitness for a particular purpose.
Nothing in these Terms excludes or limits any right you have as a consumer that cannot lawfully be excluded, including rights under the Magnuson–Moss Warranty Act and applicable state consumer protection statutes.
7. Services
Where we supply lighting design, survey, audit or installation services, the following apply in addition to these Terms.
- Scope. The written proposal defines the scope. Work outside it is chargeable, and we will agree it in writing before proceeding.
- Access and information. You must provide safe access, accurate information about the site and its electrical installation, and disclose any known hazard including asbestos. Delays or additional costs caused by inaccurate information or denied access are chargeable.
- Estimates of saving. Energy savings figures are professional estimates based on the data available and the assumptions stated in the report. They are not guarantees, and actual results vary with occupancy, tariff and weather. Where we offer a measured verification service, the guarantee that applies is the one written into that engagement, not any figure in a proposal.
- Compliance. We work to applicable electrical codes and standards. Where existing installation defects are found that prevent safe completion, we will report them and pause the affected work.
- Cancellation. Cancelling a scheduled installation with less than 5 working days’ notice incurs a charge of 25% of the labour element; less than 48 hours, 50%.
8. Intellectual property
All content on this site — text, photographs, illustrations, diagrams, software, layout, the uBRITE name and logo and the Sumar International name — is owned by us or licensed to us, and is protected by copyright, trade mark and other intellectual property laws.
You may view the site, print or download individual pages for your own reference, and quote short extracts with clear attribution and a link to the source page.
You may not republish substantial portions, use our content commercially, remove attribution, or use our trade marks without prior written permission.
Photographs sourced under Creative Commons licences remain the property of their creators and are used under the licence terms recorded on the image credits page. Those licences pass to you on the same terms if you reuse the images.
Your content. Material you send us — enquiry text, photographs of a site, survey information — remains yours. You grant us a non-exclusive, royalty-free licence to use it for the purpose of responding to you and performing the contract. If we would like to use a project photograph in marketing we will ask first, in writing.
9. Limitation of liability
Nothing in these Terms limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited.
Subject to that paragraph:
- We are not liable for indirect, incidental, special, consequential or punitive damages, nor for loss of profit, revenue, business, contracts, anticipated savings, goodwill or data, however arising.
- Our total aggregate liability arising out of or in connection with any order or engagement is limited to the greater of the amount you paid for the goods or services giving rise to the claim, or $1,000.
- We are not liable for loss caused by installation not carried out by us or our approved partners, by use of a product outside its published ratings (including use of a non-enclosure-rated lamp in an enclosed fixture), by incompatible control gear, or by an electrical supply outside the stated tolerance.
- We are not liable for failure or delay caused by events outside our reasonable control, including natural disaster, war, civil disturbance, epidemic, industrial action, failure of utilities or telecommunications, cyber-attack, or governmental action.
Some jurisdictions do not allow certain exclusions or limitations, in which case the exclusion or limitation applies only to the extent permitted.
10. Indemnity
You agree to indemnify and hold harmless Sumar International, Inc., its officers, employees and agents against any claim, liability, loss and reasonable legal cost arising from your breach of these Terms, your misuse of the site, your infringement of a third party’s rights, or your provision to us of inaccurate site information that causes loss.
11. Suspension and termination
We may suspend or terminate your access to the site, and decline future orders, if you breach these Terms materially or repeatedly, if payment is overdue by more than 60 days, or if continued supply would breach applicable law.
Termination does not affect accrued rights, outstanding payment obligations, or the provisions of sections 6, 8, 9, 10 and 12, which survive.
12. Governing law and disputes
These Terms and any dispute arising out of them are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Step 1 — talk to us. Before commencing formal proceedings, send a written description of the dispute and the outcome you want to the address in the final section. We will respond within 30 days and most matters end here.
Step 2 — mediation. If it is not resolved within 60 days, both parties agree to attempt mediation under the rules of a mutually agreed mediation provider, sharing the mediator’s fees equally.
Step 3 — courts. Failing that, the state and federal courts located in Delaware have exclusive jurisdiction, and both parties submit to it. Nothing prevents either party seeking injunctive relief in any competent court to protect intellectual property or confidential information.
If you are a consumer resident in a jurisdiction whose law gives you the right to bring proceedings locally, or the protection of mandatory local consumer law, this section does not remove that right.
13. General
- Entire agreement. These Terms, the policies they reference and any written order confirmation or proposal form the entire agreement, superseding prior discussions.
- Severability. If a provision is held unenforceable, it is modified to the minimum extent necessary or severed, and the remainder continues in force.
- No waiver. A delay or failure to enforce is not a waiver.
- Assignment. You may not assign without our written consent. We may assign to a successor in connection with a merger or sale of assets.
- No third-party rights. No one other than the parties has any right to enforce these Terms.
- Notices. Notices to us go to the address in the final section; notices to you go to the email or postal address on your order.
- Changes. We may amend these Terms. The version in force when you place an order governs that order. Material changes are notified 30 days in advance to account holders.
How to contact us about this policy
Write to [email protected] with the policy name in the subject line, call +1 (888) 555-2783 between 8:00 and 18:00 ET on working days, or post to:
uBRITE Lighting — Legal & Compliance
Sumar International, Inc.
1420 Brightway Drive
Suite 210
Dover
DE 19901
USA
We acknowledge written enquiries within five working days and aim to resolve them within thirty.