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1975 Noble Road, East Cleveland, Ohio 44112 © 2021 Current Lighting Solutions, LLC GENERAL TERMS AND CONDITIONS We are Current Lighting Solutions, LLC, doing business as “GE Current, a Daintree Company”, and “we” and/or “us” refers to Current Lighting Solutions, LLC or any of its affiliates (i.e. any subsidiary, subsidiary undertaking or holding company of Current Lighting Solutions, LLC). 1 About this Contract 1.1 These terms and conditions apply to all orders you place with us to the exclusion of any other terms that you might seek to use, or which are implied by law or custom. 1.2 Your order is an offer to purchase products in accordance with these conditions. We’ll accept your order by issuing a written acceptance. In absence of a written acceptance, but where product is shipped to you, these conditions and terms apply. 1.3 Once placed, an order may not be cancelled except in the circumstances described in Section 2.5 or Section 8 below. 1.4 All our quotations expire 30 days from the date of issue, and we may modify or withdraw them at any time prior to agreeing to a contract with you. A quotation is not an offer, and any samples, drawings, descriptions or advertising we issue to you won’t be part of our contract or have any contractual force. 2 Products 2.1 In these terms and conditions, “Products” means all equipment, parts, materials and components which are referred to in an order. If we agree to provide services to you, the terms applying to those services will be set out in a separate statement of work. 2.2 For orders including software, you’ll need to sign an additional user agreement before using that software. For Products including firmware, by placing your order you agree to accept a non-exclusive, non-transferable license to use that firmware on the following conditions: (a) You won’t copy, reproduce, translate, adapt, reverse engineer or modify the firmware, nor communicate it to any third party; (b) You won’t use the firmware on any equipment other than the Product in which it is embedded, and you won’t remove, adapt or otherwise tamper with any copyright notice, legend or logo which appears on that Product; and (c) This license may be terminated by either party with 28 days’ written notice, provided that we will only terminate it if your continued use or possession of the firmware infringes any third party’s rights. 2.3 Where we agree to manufacture Products to your specification, you will indemnify us for all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) suffered or incurred by us in connection with any claim made against us for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with our use of that specification. This Section 2.3 shall survive termination of the contract. 2.4 We reserve the right, in our sole discretion and without incurring any liability to you, to alter the specification or design of any Product or model if we are required to do so by any applicable court order, statute, or regulation. If you have ordered Products affected by this Section, we’ll make reasonable efforts to notify you of such changes. 2.5 We reserve the right, in our sole discretion and without incurring any liability to you, to: (a) alter the specification or design of any Product or model, (b) discontinue or limit the manufacture of any Product or model, (c) discontinue or limit the development of any new Product or model, whether or not announced publicly; (d) manufacture or develop new Products or models having features which may make any Product wholly or partially obsolete; or (e) change any method of distributing any Product covered by this agreement, including changing the division, department or operation through which we are acting. We will make reasonable efforts to inform you of any such changes. If any such change will materially affect the nature or quality of Products subject to an existing order, we reserve the right to substitute a replacement product for any Product so affected. If we are unable to identify a suitable substitute, we will notify you and you may cancel the order if you choose. 2.6 You agree to use our Products only for lawful purposes and in accordance with the instructions and installation guides we supply. 2.7 No intellectual property rights are transferred to you pursuant to any agreement made under these terms and conditions. 3 Delivery & Title 3.1 We will deliver the Products to the location set out in the order (or such other location as we may both agree in writing) (“Delivery Point”). Products shall be delivered FCA Shipping Point (Incoterms 2020), unless otherwise specified in the order. 1975 Noble Road, East Cleveland, Ohio 44112 www.gecurrent.com © 2021 Current Lighting Solutions, LLC. All rights reserved. GE is a trademark of the General Electric Company and is used under license. 3.2 Unless otherwise specified in the order, risk in the Products passes to you on delivery. Delivery is completed upon the unloading of the Products at the Delivery Point. You are responsible for unloading. 3.3 We will use reasonable efforts to deliver the Products by the date specified in the order. Time of delivery shall not be of the essence. We’re not liable for any delay in delivery that is caused by any circumstances beyond our control, including a force majeure event and/or anything that you do or fail to do. 3.4 We may deliver the Products early, in partial shipments, or both. Each shipment will be invoiced and paid for separately. A delay to or defect in one shipment does not give you a right to cancel any other shipment. 3.5 We won’t accept orders below the minimum order value, which was communicated to you when you opened your account with us. If we agree to accept an order below the minimum order value, we’ll notify you of the additional handling surcharge you will need to pay. Our agreement to accept an order below the usual minimum order value in one instance doesn’t apply to any future order. 3.6 You must notify us of any claims for damage or shortages within 30 days of receipt of a shipment. Claims made after that date will not be effective and are waived and forfeited. 3.7 If we fail to deliver the Products, our liability is limited to the costs and expenses you incur obtaining replacement products of similar description and quality at the least expensive price available, less the price of the Products. We have no liability for any failure to deliver Products where such failure is caused by a force majeure event or circumstances beyond our reasonable control. 3.8 Where we are responsible for the delivery of the Products, if you fail to take delivery of the Products within two days of the originally scheduled date, then (unless such failure is caused by a force majeure event), delivery of the Products shall be deemed to have been completed at 9 am on the third day after the originally scheduled delivery date, and we will store the Products at your risk until delivery takes place, and charge you for all related costs and expenses (including insurance). 3.9 Title to the Products will not transfer to you until you have paid in full all amounts owing to us in respect of such Products. This Section does not apply to any software, which shall be the subject of separate terms and conditions. 3.10 Until title in the Products has passed to you, you will: (a) store the Products separately from other goods you hold so that they are readily identifiable as our property; (b) not remove, deface or obscure any mark or packaging on or relating to the Products; (c) maintain the Products in satisfactory condition and keep them insured against all risks for their full price from the date of delivery; and (d) notify us immediately of any event listed in Section 7.1. 3.11 At any time before title passes to you, we may ask you to deliver up all the Products in your possession or enter your premises to repossess them. Any proceeds of your sale of any Products shall be held in trust for us. 3.12 We are entitled to maintain an action for the price of any Products notwithstanding that title to them has not passed to you. 4 Warranty 4.1 For all Products other than software, we warrant that the Products comply with our published specifications and are free from defects in material, title, and workmanship in accordance with our published Product warranty conditions, available at https://products.gecurrent.com/document- library. The warranty for any software will be set out in the separate agreement pertaining to use of that software, and for any service in the statement of work for that service. WE OFFER NO WARRANTY OF ANY KIND FOR COMPONENT PURCHASES. 4.9 THIS SECTION 4 STATES YOUR EXCLUSIVE WARRANTIES AND SOLE REMEDIES AND OUR ENTIRE LIABILITY FOR ALL CLAIMS BASED ON FAILURE OR DEFECT WITH RESPECT TO THE PRODUCTS, WHETHER ARISING DURING OR AFTER THE WARRANTY PERIOD. ALL OTHER LIABILITIES, INCLUDING ANY LIABILITY FOR CONSEQUENTIAL OR INDIRECT LOSSES AND OR DAMAGES, ARE EXPRESSLY EXCLUDED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NO IMPLIED OR STATUTORY WARRANTIES APPLY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PURPOSE.
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