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TERMS OF SALE
1. Payments & Prices. All orders are conditioned upon acceptance by Seller and prepayment by Buyer of all amounts, including taxes, shipping and handling. Payment by bank check occurs when check funds have been credited to Seller's account. Seller's advertised prices are subject to change without notice. Facsimile signatures shall be deemed original signatures. All accounts are payable in U.S. funds, free of exchange, collection or other charges. In cases where the total price for Products includes shipping costs, any increase in such costs shall be for Buyer's account and Buyer agrees to pay Seller such increases. All applicable sales or use taxes, excises, or any other taxes or charges (except net income and equity franchise taxes) imposed now or in the future by any federal, state, foreign or local authority upon the sale or transportation of the Products shall be for the account of Buyer. Buyer shall reimburse Seller for any such taxes, excises or charges which Seller may be required to pay in addition to the price payable by Buyer for the Products.
2. Delivery. Goods are normally delivered within 30 days of payment. Some Products may not be deliverable within 30 days in which event Buyer will be notified. Shipping and delivery dates are approximate and are given by Seller in good faith, but are not guaranteed unless otherwise specifically agreed in writing. Buyer shall be responsible for all storage and other costs relating to Buyer's failure to accept delivery pursuant hereto. Unless otherwise expressly agreed in writing, delivery will be made F.O.B. point of shipping. All risk of loss shall pass to Buyer upon delivery of the Products by Seller to a carrier. The method and agency of transportation, unless otherwise agreed to in writing, will be selected by Seller and Seller reserves the right to ship collect. Seller's receipt from the carrier shall be conclusive evidence of delivery. Buyer shall promptly supply all information and assistance required for Seller to execute Buyer's order.
3. Specifications and Designs. Seller's standard specifications shall apply to all Products. All sizes are approximate. All designs are the exclusive property of Seller and may not be copied or emulated in any manner. Products may not be altered in any way or resold. Buyer acknowledges that Seller's Products are subject to patent or pending protection, and agrees not to infringe on such rights in any way.
4. Limited Warranty. Seller warrants the water-tight integrity of the light bulb for one (1) year from original purchase date of the Product. This warranty does not include bulb breakage, failure due to mishandling or non-working Ground Fault Connection Interrupter (“GFCI”), natural disasters, lightening strikes, electrical surge or man made causes; or if unit is misused or tampered with in any way. In the event of bulb failure due to water intrusion, Seller will replace the Product within a reasonable time after receipt of the non-performing Product from Buyer. Buyer shall be responsible for all costs of return.
5. Disclaimer of Warranties. EXCEPT AS PROVIDED UNDER THE LIMITED WARRANTY HEREIN, SELLER HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MARKETABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Seller shall not be held liable for any negligent act or omission of Buyer or any other person, including but not limited to Buyer's employees or agents, or any person or entity which provides services for or on behalf of Buyer.
6. Installation. Seller shall not be responsible and disclaims any liability for installation of Products. Buyer acknowledges that improper installation or positioning of electric Products may result in property damage, serious bodily injury and/or death. Buyer hereby releases Seller from any obligation and any liability whatsoever, including without limitation, any property damage, serious bodily injury or death, directly or indirectly arising out of installation of Products.
7. Limitation of Damages. UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE TO BUYER OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT OR THE PRODUCTS SOLD HEREUNDER, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR DELAY AND LOST PROFITS, EVEN IF THE SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SELLER'S LIABILITY WITH RESPECT TO THE PRODUCTS, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, AND BUYER'S SOLE AND EXCLUSIVE REMEDY WITH RESPECT THERETO, SHALL BE LIMITED TO THE REPLACEMENT BY SELLER OF ANY NONCONFORMING PRODUCT UPON WHICH CLAIM IS MADE, OR AT SELLER'S SOLE OPTION, TO A REFUND OF THE PORTION OF THE PURCHASE PRICE PAID BY BUYER ATTRIBUTABLE TO SUCH NONCONFORMING PRODUCT.
8. Advice or Assistance. Recommendations and advice by Seller for installation or use of Products are furnished gratuitously and based upon information believed to be reliable. Buyer's use of or reliance upon the same shall be at Buyer's sole risk.
9. Safety. Buyer shall ensure that all Products are stored, maintained, and installed and used by Buyer in a safe and lawful manner, which shall all be at Buyer's sole risk. Seller maintains and makes free to Buyer Product safety information. If such information has not previously received by Buyer, Buyer shall request it in writing.
10. Severability. A court of competent jurisdiction holds any provision of this Agreement to be unenforceable or invalid in whole or in part for any reason, the validity and enforceability of the remaining provisions or portions of them, will not be affected, unless an essential purpose of this Agreement would be defeated by the loss of the illegal, unenforceable or invalid provision.
11. Binding. This agreement shall be binding upon and inure to the benefit of the parties, their respective successors and assigns. Buyer may not assign this Agreement without the written consent of Seller.
12. Entire Agreement. This Agreement contains the entire agreement between the parties and sets forth all the final and complete promises, agreements, conditions, understandings and representations between them with respect to the subject matter hereof. The parties expressly acknowledge and agree that there are no promises, agreements, conditions, understandings or representations whether oral or written, expressed or implied, between them with respect to the subject matter hereof other than as set forth herein. No provision of this Agreement may be changed or waived except by an agreement in writing signed by the party against whom enforcement is sought. In the event any of the terms hereof conflict with any Buyer Purchase Order, letter other communication, this Agreement shall govern and control.
13. Indemnification. Buyer assumes full responsibility for use, installation and operation of Products purchased hereunder and hereby agrees to defend, indemnify and hold Seller, its agents, employees and assigns, harmless of, from and against all claims, demands, actions and causes by action, losses or damages, of any nature whatsoever, including without limitation attorneys' fees, and damages to personal property, and for serious bodily injury and death, directly or indirectly arising out of, relating to or resulting from: (i) the installation, use, operation, misuse, reproduction, modification of the Products purchased hereunder, or (ii) breach of any provision hereof. This indemnification provision shall survive any termination of this Agreement.
OPERATING INSTRUCTIONS
!!! WARNING - Hazard of shock. To avoid electrical shock, a ground Fault Circuit Interrupter (GFCI) Must be installed in the AC supply circuit. Failure to use a GFCI may result in damage to Product, serious injury or death.
!!! WARNING – Hazard of burn. Severe burn may occur if you touch the bulb. The bulb gets extremely hot. Never operate the bulb out of water. ALWAYS unplug the bulb before handling in or out of the water. Do not handle the bulb.
It is recommended to leave the light plugged in and letting the light cycle on and off automatically. If you plan to unplug the bulb for several weeks or months it is recommended that you should remove it from the water. Marine growth will form around the bulb.
It is recommended that you clean the bulb once a year. Always unplug the unit bulb before cleaning and permit at least __1__ hours for cooling before removal from the water. Clean the bulb by pulling the light out onto your dock and use soap and water to clean the bulb.
INSTALLATION
Installation is your responsibility. A licensed electrician is recommended or severe electrical shock, bodily injury or death may occur.
Safety should be the primary concern when purchasing an underwater light. These must be a GFCI protected circuit where the light is to be plugged into. Do not allow anyone to install a light until this requirement has been met.
The Bay Glo-Lite is built from requirements set forth by the National Electric code. The power assembly, which is mounted to your dock pilings, fish stand, etc is comprised of a light ballast and photo eye is enclosed in a NEMA 4X rated box (with a back plate) or standard aluminum head. The cord is approved for submersion in water with at least a 600 volt rating with either SEOW or SEOOW outer jacket. The wire is enclosed in a non-metallic conduit required by the NEC.
INSTRUCTIONS FOR ELECTRICIANS
Mount the power head housing to the dock piling or fish stand with the included four (4) stainless screws.
Mounting the weight to the conduit. The bulb has buoyancy so it will float. Attach the included weight to the conduit with the enclosed wire straps below the bulb. This weight position on the conduit will depend on the depth of the canal or lake. The unit is typically positioned at a depth of four (4) feet below the surface at low tides. When positioning the bulb, keep in mind boat props or any traffic that may hit the bulb.
Not until the power head is mounted and the light is positioned in the water is it safe to plug the unit into the residential 110 volt GFCI receptacle.
The light will cycle on and off automatically with the photoelectric cell.
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