TERMS OF SALE : Payments are required upon purchase for all custom made products. a minimum of 50% deposit are required for purchasing Luna’s inventory items such as LED Light Fixtures and alike. Standard terms of sale vary by product, transaction, and volume purchase. In the event that Luna offers a discount on a volume purchase, Luna’s discount is predicated upon buyer’s good credit standing and meeting payment obligations as specified above or on the invoice.

PRIOR CREDIT APPROVAL : Seller reserves the right to approve buyers credit prior to sale and shipment of merchandise. Without prior notice, seller may at its sole discretion, and at any time(s) increase or decrease the amount of credit, if any, it extends to a buyer.

CHANGES: Quotations have a time as indicated on Luna’s Written Quotation. Unless otherwise specified on the written quote, prices, delivery and terms are subject to change without notice. Buyer must notify Luna in writing by certified return receipt requested mail on any discrepancies within 10 days of receipt of invoice. Otherwise invoice shall be conclusively deemed to be correct as originally submitted.

LOCAL SHIPMENT : Luna uses UPS for most of its delivery. Buyer has the option to arrange for merchandize pick up at Luna’s Irvine Location. Although every effort will be made to ship in accordance with the shipping dates specified, shipping dates are approximate and the Luna shall not be liable for any damage suffered by the late delivery. Any and all delivery dates given by Luna are estimates only. Purchaser is advised to make allowances for shipping as seller shall not be liable to Purchaser or its end users for delays in delivery.

GLOBAL SHIPMENT : Global shipment can be arranged via UPS or other shipping companies. Luna will provide quotation to the purchaser prior to shipment. Purchaser may arrange for their own shipment forwarded when deemed feasible. In such case, a will call arrangements must be made with Luna prior to pick up. Orders shipped out will not be signature required unless specified by the customer, which extra charges will apply. We cannot ship to P.O. Box addresses.

WARRANTY DISCLAIMER : All products sold by Luna carry a 5 year manufacturer’s warranty unless specified in the quotation or the invoice. Without limiting the generality of the foregoing, Luna makes no warranty, either expressed or implied, as to the merchantability, fitness or suitability of any products sold.

LIMITATION OF LIABILITY : Seller shall not, under any circumstances, be liable for special or consequential damages, such as but not limited to: (I) damages to or loss of other property or equipment; (II) Loss of profits, revenue, or reputation; (III) cost of replacement goods; (IV) cost of storage, handling, and care of damaged, defective or nonconforming goods; or (V) claims of buyers customers for service interruptions. The liability of seller arising out of or relation in any way to the state, delivery, resale, installation or use of the goods sold by or furnished by seller whether arising out of contract, negligence, strict tort, or any warranty or otherwise, shall not exceed the price of the specific goods upon which liability is to be based. Buyer’s remedies for any breach of this agreement by seller or with respect to seller’s liability under this agreement shall be limited to seller’s choice of any one of the following; (I) the repair of goods; (II) the replacement of the goods, or (III) the return of the goods in question to the seller and the return to the buyer of any consideration paid to sellers for said goods.

CLAIMS FOR SHORTAGE OR DAMAGE AND RETURNS : All claims for shortages and/or damages must be made to Luna within three days of discovery, but in no event later than ten days from the date of delivery. All sales are final. Goods may not be returned to the seller for credit without seller’s prior written authorization.

RETURN OF GOODS : Merchandise may not be retuned without Luna’s written authorization. Luna reserves the right to offer partial credit when applicable. A handling charge of fifteen (15%) percent will be made on all returned items. Special order items are not returnable.

SERVICE CHARGES: Buyer will pay service charge of 1.5% per month on all past due balances.

PAYMENT AND COLLECTION CHARGES : Payments are due and payable upon purchase for all custom made products. Unless it is stated in the quotation or the sales order, inventory items such as light fixtures require a 50% deposit upon purchase and the balance due and payable prior to shipment or pickup. If buyer fails to make any payment(s) when due, buyers account shall become immediately due and payable. If collection is pursued or a law suit is filed with respect to any claim arising out of or related to the sale of goods by Luna Sciences Corp. to buyer(s), and a judgment is rendered, the successful party shall be entitled to attorney fees in the amount of 40% (but in no events less than $2,000.00) of the claim or 33.3% of the claim if the claim is over $5,000.00. If the suit is concluded after the Defendant files and Answer (even if the Answer is allowed to be filed by the Court after a Default has been entered and/or even if the Answer is ultimately stricken), the successful party shall be entitled to reasonable attorney fees in addition, the successful party in any suit shall be entitled to request and receive post judgment attorney fees with the respect to fees incurred to collect the judgment, whether the original award of attorney fees was based upon the percentage formula or the reasonable attorney fee provision.

ENTIRE AGREEMENT : This document constitutes the entire agreement between buyer and Luna, and supersedes all prior representations, warranties and understandings, whether oral or written, with respect to the terms of sale responsibilities of Luna Sciences Corp.. This document does not supersede any personal guarantees or signed Security Agreements. Luna has not made any promise to buyer to induce buyer to enter into this sales agreement with Luna, and buyer is not relying upon promise or representation not contained in this document, or any other written agreement signed by seller.

SAFETY INFORMATION : Not all components used in the final product sold, and or manufactured by Luna Sciences Corp is UL or ETL Certified. However, Luna Sciences Corp has taken every percussion to make sure that components are purchased from reputable manufacturers, and each component meets safety standards under normal condition of usage. Buyer is advised to consult the products labeling for details or contact his or her sales representative for more information.