TERMS AND CONDITIONS
How We Do Business
Updated January 1, 2015
Payment
All orders will ship COD or be prepaid unless account terms have been set up/ Normal
terms would be Net 30 Days with a 1% discount for payment received within 10 days.
Any legal costs incurred by ALW in the collection of unpaid debts will be charged to
the customer.
Shipping and Freight
Shipping is always charged on every order, unless a written quote is received from
ALW stating that shipping is inclusive. All shipping quoted is for regular ground
shipment. Requests for express shipping will only be acted on if received in writing and
will be added to the invoice. Orders will normally be shipped complete. Where a
partial shipment is requested, shipping charges will be added to each delivery. Freight
is always Prepay and Add. THERE IS NO FULL FREIGHT ALLOWED (unless previously
negotiated). If Orders meet a pre-negotiated freight allowed minimum (contact your
RSM for details updated yearly), orders MUST be billed on or above 10% commission
levels. All orders booked at BELOW 10% commission, are not entitled to FREIGHT
ALLOWED.
Order Process and Cancellation Policy
All ALW products are made to order, per individual specification requirements. Due to
the nature our products, each fixture is configured and is not considered “off the
shelf”. Once an order has been released, and all necessary paperwork is received, A
cancellation may take place within 72 hours of order placement only. After 72 hours,
orders are non-cancellable and non-refundable. The estimated standard lead time for
most products is 6-8 weeks. ALW is not responsible for additional shipping delays due to
manufacturing processes, including, but not limited to: vendor delays, component
availability, weather, etc. ALW will not be held responsible under any circumstances
pertaining to meeting outside construction deadlines of any kind. All shipping
estimates are an “estimate” and subject to the above policy.
Acceptance of Orders
All orders are accepted at the discretion of ALW and will be confirmed in writing to the
customer.
ARCHITECTURAL LIGHTING WORKS • 30984 SANTANA ST, HAYWARD, CA, 94544
WWW.ALWUSA.COM PH (510) 489-2530 FX (650) 249-0412
There is no minimum order. All quoted pricing is in US Dollars and does not include any
sales tax and delivery. Sales Tax will be charged on all shipments where we are not
provided with a valid resale certificate or the shipment is otherwise exempt.
All custom orders require a 50% deposit, before work commences. Cancellations at
any stage will still incur the fill invoice liability. No refund of any deposits will be made
on cancelled orders
The company reserves the right to revise online pricing at any time, and to refuse to
accept orders at a price other than at the price states on the online pricing
calculators.
The company reserves the right to vary the specification or withdraw from offer any of
its products without prior warning. The company reserves the right to refuse to accept
any contract that is deemed to be contrary to the company’s policies in force at the
time.
Accommodation Sales
Accommodation Sales re factory discounted sales directly to members of the
specification community when used in their own offices. A discount of 40% off DN
applies ONLY when the specifier pays ALW directly and NO COMMISSION is paid. If the
Sales representative chooses to buy/sell to their client, a discount of 15% off DN applies
and NO COMMISSION is paid. Accommodation sales do not apply to highly
engineered projects and large jobs of multiple fixtures. For projects requiring multiple
fixtures, a discount of 20% off DN usually applies and NO COMMISSION is paid.
Accommodation Sales should be used sparingly and are only with the express PREAPPROVAL of ALW.
Delivery
Deliver times quoted are from receipt of written order and properly approved checklist
and specification drawings. The delivery times we quote are our best estimate. We will
not accept any liability or other consequential loss for any late delivery, unless we
have agreed in writing to be so bound. Standard delivery time is approximately 4-6
weeks, depending on order size. ALW is not responsible for any vendor delays, etc.,
that may cause additional time added to the ESTIMATED DATE. All Dates given are
estimates. ALW is not responsible for any project schedule, and will not accept
liquidated damages or back-charges related to project time requirements OF ANY
KIND.
ARCHITECTURAL LIGHTING WORKS • 30984 SANTANA ST, HAYWARD, CA, 94544
WWW.ALWUSA.COM PH (510) 489-2530 FX (650) 249-0412
Warranties
All products are guaranteed against faulty parts or workmanship for a period of One
year from Date of shipment. Ballasts, LED Drivers and transformers carry various
warranties and ALW will extend the same warranty afforded to us by the manufacturer
if this exceeds one year. We will provide details if requested. Our liability for all such
claims is limited strictly to the replacement of such products and excludes all other
claims of losses incurred. Please see LED Warranty guidelines.
Insurance and Returns
All shipments from ALW are insured by us. If any goods received by the buyer are in
unsatisfactory condition, the following courses of action shall be taken:
If the outer packaging is visibly damaged, then the goods should not be accepted
from the shipper, or they should be signed for only after noting that the packaging has
sustained damage.
If the goods are found to be damaged after unpacking, ALW must be informed
immediately.
Under no circumstances should the damaged goods be returned, unless expressly
authorized by ALW.
Any returns made to the company for any reason, at any time, shall be packaged in
the original packaging or its direct equivalent and must be adequately insured by the
shipper.
Returned goods will not be accepted by ALW unless this has been expressly
authorized. ALL ITEMS ARE MADE TO ORDER AND ARE NON-RETURNABLE AND NONREFUNDABLE.
Applicable Law
Unless otherwise agreed in writing, the terms and conditions contained herein shall be
governed by and construed under the laws of the State of California, USE.
ARCHITECTURAL LIGHTING WORKS • 30984 SANTANA ST, HAYWARD, CA, 94544
WWW.ALWUSA.COM PH (510) 489-2530 FX (650) 249-0412
Overage and Commission Policy
Updated January 1, 2015
1. Online Pricing Calculators typically reflect a “DN” (Distributor Net), reflected at
10-15% Commission Number. Also offered is a 5% and 0% commission rate.
OVERAGE MAY NOT BE USED ON ORDERS TAKEN UNDER 10% (DN) as listed by our
Online Pricing Tool.
2. 10-15% commission is paid on all orders negotiated at 10 -15% commission rate
3. Overage:
a. Overage starts off every year (January 1) as an 80/20 split in favor of the
sales office
b. Once a Sales Office has achieved 50% of their annual order quota (based
on released orders in a calendar year), they may keep 100% of ALL
Overage
c. After the calendar year (DEC. 31st), all overages reset to 80/20
d. Hold for Releases do not count toward overage numbers or Quota.
e. 100% overage adders to orders do not count toward sales quota.
4. Negotiated Jobs:
a. In the case of orders placed at a lower than 10% commission level, No
overage shall be allowed (See Item 1)
b. Commission is not paid on any parts, freight or replacement components
5. OUT-OF-TERRITORY ORDERS/SPECIFICATIONS:
a. In the case of out-of-territory specifications (Where the distributor and
project are in a different territory than the project designer/specifier):
i. Where ALW is specified FIRST NAME, Specification Territory controls
pricing.
1. In above case, 50% of commission (excluding freight and
parts) AND 50% of allocated overage (see 3a)is split between
Specification and distribution territory .
ARCHITECTURAL LIGHTING WORKS • 30984 SANTANA ST, HAYWARD, CA, 94544
WWW.ALWUSA.COM PH (510) 489-2530 FX (650) 249-0412
ii. In all other cases, unless previously negotiated, 70% Specification
Credit goes to Specification Sales Territory and 30% Destination
Credit goes to Distribution Territory, with Distribution Territory keeping
all allocated (see 3a) overage.
iii. Exceptions to this rule can occur, if a question arises, please contact
your local ALW Sales Manager
6. National Accounts:
a. In the case where a job is known to be specified out-of-territory, but has
not been negotiated through a National Account Distributor, then the job
is treated the same way as an out of territory specification (see 5a).
b. In the case where the job has been negotiated by a National Account
Distributor and all orders are required to filter through that Distributor, Sales
office will be notified. Local Sales Offices Should not quote.
7. Bootlegging – ALW tries to maintain an open line of communication between
territories and works hard to maintain specification integrity. ALW strongly
discourages Distributors/Sales Offices from shipping orders out of territory.
8. In order to best manage specification credit, it is highly recommended to
REGISTER ALL JOBS though our website, www.alwusa.com. Log into the REP
LOGIN portion of our website and link to SPECIFICATION REGISTRATIONS
9. Payment of Commissions – Occur typically 60days from when ALW receives
payment from distributor.
10. Accommodation Sales
a. Accommodation Sales are limited to simple fixture orders and a 20-40%
Discount off DN, NO COMMISSION IS PAID
b. Accommodation orders of multiple fixtures, etc., should be negotiated
directly with ALW and typically carry a 20% discount off DN, NO
COMMISSION
ARCHITECTURAL LIGHTING WORKS • 30984 SANTANA ST, HAYWARD, CA, 94544
WWW.ALWUSA.COM PH (510) 489-2530 FX (650) 249-0412