Terms of Sale
Payment details: As these video walls are custom orders, one hundred percent of total price is non-refundable, including applicable taxes shipping, crating and related expenses. A minimum of 50% shall be paid by Buyer upon acceptance of the order before order is released. Buyer agrees to pay remaining balance prior to delivery. Buyer agrees to pay all expenses related to collections and attorney’s fees. CreationLED, LLC accepts ACH, bank transfers and wire transfers only.
Shipping and Handling : All physical damages incurred during shipment will be the responsibility of CreationLED, LLC and will be limited to the total price. Damage caused during unloading is the Buyer’s responsibility and is not considered physical shipping damage. Shipping times may vary. Standard shipping is by boat and is approximately 30 days plus customs clearance times. Expedited air shipping is typically under 1 week plus customs clearance times. Expedited shipping is additional and must be quoted by CreationLED, LLC prior to ordering the video wall.
Claims and Cure for Physical Shipping Damages: If Buyer observes visible physical shipping damage, Buyer shall mark each box on Buyer’s packing list or shipping invoice to the carrier at the time of delivery at arrival location and shall provide a copy to CreationLED, LLC within 7 calendar days of delivery, accompanied by photograph(s) taken while the delivery person is still present showing the damage during the time of delivery and obtain a signature of the delivery person. Claims for hidden physical shipping damage must be reported in writing within 10 business days of delivery. Buyer shall give CreationLED, LLC and/or its agents a reasonable opportunity to inspect, test and repair or replace the video wall or portion thereof. Buyer’s remedy for video wall’s physical damages during shipping, and CreationLED, LLC’s liability for shipping damages, shall be replacement or repair of such video wall or parts damaged as determined by CreationLED, LLC. Buyer and CreationLED, LLC shall do their best to resolve this matter timely and economically. CreationLED, LLC reserves the right to have additional time to resolve any issue in the event of natural disasters, embargos, labor strikes and or any kind of acts of God, etc.
Returns: As these video walls (and associated products) are custom orders, there are no returns for any reason. If you get your product and it’s damaged or doesn’t work correctly, of course we will take care of it within the terms of the shipping claims above. If you get your product and change your mind, CreationLED, LLC is not able to accept a return. Buyer may cancel the order after placing the order, prior to shipment of the order, however the initial 50% is non-refundable.
Limitation and Disclaimer of CreationLED, LLC’s Liability: Buyer’s remedy for CreationLED, LLC’s breach of this agreement and to any term hereof, and CreationLED, LLC’s liability for such breach, shall be replacement or repair of the video wall and its parts actually delivered to Buyer. CreationLED, LLC shall not be liable to Buyer for loss or damage of any kind arising out of this transaction in excess of the video wall price. CreationLED, LLC will not be responsible for consequential or incidental damages including but not limited to loss profit, loss of goodwill, etc. Buyer agrees that the above limitations on liability and remedies are independent of the agreed remedies under this agreement. Buyer understands that appropriate surge protection is recommended for the video walls. During very high electrical surges, there is a possibility of damage to the video wall (power supplies, receiver cards, etc) and is not covered by the warranty. CreationLED, LLC shall not bear any responsibility for shipping delays due to natural disasters, customs inspections holding, labor strikes of third party companies, ocean shipping conditions, national holidays, vacations, related events and Acts of God. However, CreationLED, LLC shall do its best to deliver goods to Buyer, and notify the Buyer of possible delays and reason for the delay prior to due date as a courtesy and is not legally bound to do so.
Buyer’s Breach: Video walls delayed in shipment at the request of the Buyer will be subject to daily storage fees as determined at the time of the delay. Fees vary depending on warehouse, and will be charged at current rate plus 5%.
Right to obtain photographs: Buyer agrees that CreationLED, LLC may use Buyer’s name and photographs of the video wall in CreationLED, LLC’s advertising and promotional materials without compensation to the Buyer. Buyer must submit in writing a request to exclude their name and/or photographs from CreationLED, LLC’s advertising and promotional materials.
Warranty
Miscellaneous: This Agreement shall be governed by the laws of the Commonwealth of Pennsylvania. Any litigation shall be exclusively in Cumberland County, in the Commonwealth of Pennsylvania. Buyer must exhaust all remedies through arbitration prior to seeking any legal remedies in the court system. Any in-person arbitration shall be located in Cumberland County, in the Commonwealth of Pennsylvania.
The Scope of Limited Warranty and Limitation of Liabilities and Remedies: THE LIMITED WARRANTY PROVIDED HEREIN IS IN LIEU OF ANY IMPLIED WARRANTY SUCH AS FITNESS FOR A PARTICULAR PURPOSE AND/ OR MERCHANTABILITY WHICH ARE HEREBY EXPRESSLY EXCLUDED AND DENIED. CreationLED warrants its video walls for 3 (three) years from the day of shipment to the original purchaser/owner to be free of manufacturing defects in material and workmanship. This warranty applies exclusively to new CreationLED products purchased either directly from CreationLED, or from one of our authorized dealers or distribution partners. This warranty is not transferable and does not apply to products sold and/or transferred outside the United States. The purchase of any CreationLED product constitutes acceptance of all warranty terms and conditions outlined here-in. The liability of products is limited to the provided user-serviceable replacement spare parts which will cover any manufacturing issues during the warranty period and beyond with proper use – including modules, power supplies, circuit boards, chipsets, LED diodes, etc. Repairing and/or replacing of the parts to the video wall which are defective during the warranty period is the responsibility of the Buyer and no labor is included in this warranty. Warranty of the parts provided during the warranty period shall end at the same time the video wall warranty expires. CreationLED is not responsible for communications, internet services and data server failures or for limitations caused by mismatched systems. Parts not provided by CreationLED, but added to the video wall are only covered by their original manufacturer’s warranty, if any. Buyer shall be responsible for installation of repaired/replaced parts and software. Repairing of LED diodes in LED modules beyond the included spare parts number is available in the US and must be setup through CreationLED, costs of which for shipping and repairs are the responsibility of the Buyer. Buyer is responsible to maintain safe, long-term storage for all spare parts provided for servicing the video wall. Degradation of replacement chips, LED diodes, spare modules, etc is not covered under warranty and additional spare parts are not provided. Rigging Hardware (manufacturing defects) is covered by a 1 year warranty, parts replacement/repair only. Cables, and accessories, even those provided with the walls are covered under a 30 day, parts replacement only. Video wall processors (Colorlight, Novastar, etc) are covered by the manufacturer warranty which may vary.
The warranty does not cover the following: damage or failure due to abuse, neglect, misuse, improper storage, accident, electrical surges, power conditions, improper wiring, over/under-voltages; improper installation by user or 3rd parties (even those resellers of CreationLED); video walls (and associated equipment) used or installed in conditions or environments exceeding specified application type (eg – indoor walls used outdoors, etc); 3rd party supplied power, data, rigging, etc; units that have been serviced or tampered with; labor for removal and or replacement of module or component installation of field replaceable components; damage or failure from exposure including but not limited to severe weather, natural disaster, salinity, pressure, acts of God, or other conditions which exceed the video wall’s ingress protection rating; third party hardware or related equipment failures; color and/or brightness consistency without compromising basic functionality; cost of, or labor for, associated modifications and/or removal of structural/decorative building elements for removal, installation, or service access to video wall; natural reduction in brightness, color under normal operation and/or partial LED pixel degradation; normal wear and tear and natural aging of parts, including LED diodes, cables, power supplies, etc; “Burn In” caused by playing continuous static (non-moving, non-motion) images; security, and or functionality with end user’s network or other systems; brightness and color uniformity that does not impact functionality; rental or other costs associated with downtime due to a covered warranty issue.
CreationLED is not responsible for shipping delays, parts shortages, force majeure, or any events out of its immediate control, nor shall CreationLED have any liability associated with events of this nature. CreationLED shall in no way be held liable for incidental or consequential damages resulting from the use of their product or its software, including, without limitation, damages from loss of business profits, downtime costs, business interruption, loss of business information, or other pecuniary loss.
No agent, employee, dealer, distributor, or representative of any kind of CreationLED may bind CreationLED to any terms or conditions beyond scope of the Limited Warranty. Any provisions contained in the Buyer’s purchase order or other purchase documents which conflict with the terms and conditions laid forth here, or which are not expressly set forth here in this limited warranty, shall be of no force or effect.
A dated proof of purchase such as a Sales Order or Invoice must be presented for warranty services. Failure to provide acceptable evidence of product proof of purchase may result in a denial of warranty services. Warranty coverage is only applicable to the original purchaser through the dealer or distribution network, and does not apply to products that are resold. Changes to warranty terms do not affect prior sales.
RMA
To obtain an RMA, please contact support@creationled.video, or your dealer/representative with a written description of the problem you are experiencing beyond the supplied spare parts to obtain a Repair Merchandise Authorization (RMA) number. Upon receiving an RMA number, the product must be packaged in suitable packaging that provides ample protection from ground/air shipment and shipped at Buyer’s expense to the address listed in the RMA response. Buyer must include a brief description of the problem being experienced, as well as any other spare parts required for the repair. Products shipped for repair service, which are received damaged due to inadequate or improper packaging, and/or without required other spare parts for the repair, may incur additional repair charges before service begins and may result in Products being returned without repair with Buyer to pay all outstanding shipping charges. Any products shipped without a valid RMA will be refused and returned at the Buyer’s expense. Repairs are billed at then current rates for LED module repair in the US.