General Terms and Conditions - USA

These terms and conditions shall govern all transactions between ewo USA, LLC (“ewo”) and its Customers (“customer”). Unless otherwise communicated, these terms and conditions will take precedence over customer terms and conditions. These terms and conditions shall in no way be altered or modified unless agreed upon in writing between customer and an authorized executive of ewo.

For quotes, pricing, and processing without delay, please contact your local rep.

You can find your rep by clicking here.

If your region isn’t listed, you can reach out directly to ewo USA at or orders.usa@ewo.com.

Please forward your PO with the following additional information for a ‘clean’ order:

Project Name

Fixture Quantity & Unit Prices – ewo USA does not bill lot prices

Contact Name and Shipping Address

Requested Delivery Date – you will be notified if airfreight or expedited manufacturing is required

Name of Specifier, Lighting Designer, Architect, and/or Engineer

Any special requirements or requests

Voltage Options

Standard Voltage: ewo designs luminaires for the North American market utilizing appropriate control gear with a standard input voltage range of 120-277V. Unless otherwise specified, all voltages are compatible with 50/60Hz.

Nonstandard Options: Other input voltage ranges such as 347V, 480V may be available upon request and depending on specific fixture. It is the customer’s responsibility to check with ewo if a nonstandard voltage is desired. The desired voltage must be specified as part of a ‘clean order’.

Ambient Temperature: ewo fixtures are designed for outdoor application at 77° F (25° C). Most fixtures can operate in a wide temperature range of from -4° F to 95° F (-20 to 25° C). Wider ranges may be available upon request and depending on product and driver availability. Please contact ewo directly for inquiries related to extreme environment conditions.

Standard Colors:

ewo standard colors are:

• RAL7015 – Slate Grey

• RAL7016 – Anthracite Grey

• RAL9005 – Jet Black

• RAL9006/DB701 – White Aluminum

• RAL9007/DB702 – Grey Aluminum

• DB703 – Anthracite

• AKZN D2525 – Sable Grey

All standard colors are included in D/N Pricing. Standard finish is a fine texture.

Custom Colors:

Custom Colors and finishes are available on request. You may contact ewo for additional color/finish options. Custom colors/finishes require a set-up charge and adder to the D/N Price.

Lead Times:

Final lead times will be given at time of order confirmation, with usual air freight lead times falling between 6-8 weeks, and sea freight 10-12 weeks (subject to change). Current estimated lead times can be requested by contacting: orders.usa@ewo.com.

Airfreight:

Air freight is available upon request, and must be made at the time of order entry for the order to be air freighted from our manufacturing facility in Italy. Air freight will be charged Freight Collect and added to the invoice.

Freight Allowance:

Orders over $5,000:

Free ground shipping within the contiguous United States (lower 48).

Free ground shipping to the border of Canada or Mexico.

Free shipping to the port of debarkation for Alaska/Hawaii/Caribbean/Canadian sea freight from the contiguous U.S.

Orders under $5,000 will be assessed a separate shipping and handling charge and added to the invoice.

Shipping Routing & Delays:

ewo reserves the right to route all shipments. Should a customer require an alternate freight method, the shipment will be charged Freight Collect and added to the invoice. Shipments made via customer requested shipment are F.O.B. Factory at the customer’s risk.

ewo strives to meet customer requirements but cannot be held responsible for delays in shipping outside its control. ewo cannot be held accountable for delays due to shipping, freight, or for any other circumstances beyond ewo control.

Duties, Brokerage Fees, Tariffs, or any other taxes:

All duties, brokerage fees, tariffs, or any other taxes associated with importation into Canada or Mexico, or any other country outside of the United States, are to be paid by the customer. It is the customer’s responsibility to pre-assign a broker to handle all customs paperwork for border crossing at the time of order placement.

Please note, orders may be shipped directly from Italy or our location in Boston, MA for purposes of customs/duties.

Drop Shipments:

ewo reserves the right to refuse to make direct shipments to points of destination outside the regular or assigned selling and service area of the distributor.

Anchor Bolts & Installation:

ewo has the following requirements to ensure that poles, bollards, and other connection points are properly installed.

Only the OEM or pole manufacturer supplied anchor bolts are to be used. The original template from the OEM or pole manufacturer must be used, which is shipped with the anchor bolts.

Any dimensional information provided by ewo is for informational purposes only, and must not be used for installation. ewo will not forward any electronic templates, only originals must be used.

ewo shall not be responsible for pole, bollard, or similar installations if the original baseplate template from the OEM or pole manufacturer has not been used for setting the anchor bolts.

e) Any claims of the client regarding defects or in connection with defects must be asserted judicially within a year upon delivery.

f) Only if and where the client is entitled to claims under this agreement that extend beyond the mere delivery of a replacement product and are arising from any mandatorily applicable and binding legal provisions, the client shall provide advance written documentation of this to us, submitting written cost estimates for the replacement and the installation of replacement products on site or for any on-site repair works and providing us with the opportunity, in writing, to either carry out the replacement, installation or repair itself or to commission a third party to do so. In case of non-compliance with the above provisions, the client shall lose all claims regarding the reimbursement of any costs. Replacement products or repair components may contain new or recycled materials that are equivalent or superior to new products or parts in terms of performance and reliability. The functionality of all replacement products and repair components is equivalent or superior to that of the product to be replaced. We warrant that all replacement products or repaired products will be free from any material and manufacturing defects for the remainder of the warranty period applicable to the product being replaced or repaired. All other matters shall be governed by the same warranty terms, conditions, scope and exclusions applicable to the original, defective product. The guarantee shall immediately become void if modifications or repairs are carried out on the goods without prior written consent, or if the goods were improperly installed or installed by an unqualified person. As a result of technical progress as well as of use-related changes in the luminous flux and the colour point of the lighting modules, replacing products may lead to variations of the lighting characteristics (colour temperature or luminous flux) in comparison with the original products. Should any installation be planned in a critical environment - in terms of temperature, moisture or salty air – said installation must first be agreed with us. We will verify whether special processing or materials are necessary in order to guarantee the product’s longevity in such particular cases. Claims for performance under the warranty shall only be valid if the following cumulative conditions are all fulfilled and if proper evidence for such fulfilment is given, where appropriate in writing only, by the client:

1) The product was used in accordance with the prescribed product and use specifications (datasheet), and was professionally installed and operated.

2) No changes or overhauls (hardware or software) were undertaken without our written consent.

3) All works have been carried out in accordance with the assembly and operating manual, and their execution has been duly documented.

4) The ratings for temperatures, voltages and currents were not exceeded.

5) Defects were not caused by unforeseen and unforeseeable occurrences, such as fortuitous circumstances and/or force majeure, electrical discharges, lightning or excess voltage, not linked to any defect in the manufacturing process of the product;

6) The product has not been subjected to any mechanical loads not in line with its destination.

7) Installation of the product in a special environment that might impair the product’s longevity was agreed with us;

8) The product was fully paid for in accordance with the purchase contract.

9) The warranty claim was communicated in writing to us via e-mail to warranty@ewo.com within the term indicated under letter c).

10) Where the lighting planning and calculation of the installation was not carried out directly by us, the client provides written evidence that such lighting planning and calculations done by himself or by appointed third parties were carried out in full compliance with the prescribed product and use specifications (datasheet).

g) Objected products must be sent to us for examination within 30 days from receipt of the replacement products. In the event that no defect is established in the course of such examinations or should be established that the warranty is not applicable or should the objected products not been sent back to us, we have the right to claim reimbursement of the costs of the examinations in order to determine the cause of the defect and of the replacement products. Components or products replaced by us under the warranty become our property.

6.2. Extended warranty to the benefit of final clients:

For all products sold under the „ewo“ trade mark, we offer a five year long extended product warranty provided by ewo s.r.l./GmbH, Etschweg 15, 39040 Kurtatsch (BZ) Italy. The same conditions, limitations and liability exemption set forth under this art. 6 shall also apply to the extended product warranty. The extended warranty can be requested by the final client under www.ewo.com/company/guarantee. It is exclusively at the discretion of ewo s.r.l./GmbH, Etschweg 15, 39040 Kurtatsch (BZ) Italy, to grant the extended warranty and can occur in any case only after a technical analysis of the project of the final client. The extended product warranty is valid only after explicit confirmation by ewo s.r.l./GmbH, Etschweg 15, 39040 Kurtatsch (BZ) Italy.

6.3. Limitation of liability

a) All claims for damages against us are excluded in case of ordinary negligence. Furthermore, claims for consequential damages, loss of profit and the like are also completely excluded, unless they are based on wilful intent on our part. The burden to prove ordinary or gross negligence lies with the client.

b) The statute of limitations for any claims for damages is two years from the moment the risk passes.

6.4. Product liability

Recourse claims pursuant to § 12 of the law on product liability are excluded, unless the person entitled to claim recourse proves that the fault has occurred in our sphere und has been caused at least by gross negligence.

Payment Terms:

Currency: US Dollars

Invoices provided solely via email. Customer agrees to provide a suitable Accounts Payable email. Payment terms for credit insurance (COFACE) approved orders are NET 30 days from date of invoice. A late fee of 1.5% per month will be added to all outstanding balances after 30 days from date of invoice. The customer agrees to reimburse ewo for all collection costs, including legal fees and court costs, which are necessary to enforce payment of invoiced amounts.

New Accounts:

Opening order of $1,200 minimum required. Minimum reorder: $60.00. 50% payment with order, 50% payment before shipment.

Remit Payments to:

TD Bank, N.A. Wilmington, Delaware

ABA 0311-01266, Swift/BIC NRTHUS33XXX

Routing: 0670-14822, Account: 4440732314

Bank Address: TD Bank, 300 Delaware Ave, Wilmington, DE 19081

Credit to: ewo USA LLC, 16192 Coastal Hwy, Lewes, DE 19958

4) The ratings for temperatures, voltages and currents were not exceeded.

5) Defects were not caused by unforeseen and unforeseeable occurrences, such as fortuitous circumstances and/or force majeure, electrical discharges, lightning or excess voltage, not linked to any defect in the manufacturing process of the product;

6) The product has not been subjected to any mechanical loads not in line with its destination.

7) Installation of the product in a special environment that might impair the product’s longevity was agreed with us;

8) The product was fully paid for in accordance with the purchase contract.

9) The warranty claim was communicated in writing to us via e-mail to warranty@ewo.com within the term indicated under letter c).

10) Where the lighting planning and calculation of the installation was not carried out directly by us, the client provides written evidence that such lighting planning and calculations done by himself or by appointed third parties were carried out in full compliance with the prescribed product and use specifications (datasheet).

g) Objected products must be sent to us for examination within 30 days from receipt of the replacement products. In the event that no defect is established in the course of such examinations or should be established that the warranty is not applicable or should the objected products not been sent back to us, we have the right to claim reimbursement of the costs of the examinations in order to determine the cause of the defect and of the replacement products. Components or products replaced by us under the warranty become our property.

6.2. Extended warranty to the benefit of final clients:

For all products sold under the „ewo“ trade mark, we offer a five year long extended product warranty provided by ewo s.r.l./GmbH, Etschweg 15, 39040 Kurtatsch (BZ) Italy. The same conditions, limitations and liability exemption set forth under this art. 6 shall also apply to the extended product warranty. The extended warranty can be requested by the final client under www.ewo.com/company/guarantee. It is exclusively at the discretion of ewo s.r.l./GmbH, Etschweg 15, 39040 Kurtatsch (BZ) Italy, to grant the extended warranty and can occur in any case only after a technical analysis of the project of the final client. The extended product warranty is valid only after explicit confirmation by ewo s.r.l./GmbH, Etschweg 15, 39040 Kurtatsch (BZ) Italy.

6.3. Limitation of liability

a) All claims for damages against us are excluded in case of ordinary negligence. Furthermore, claims for consequential damages, loss of profit and the like are also completely excluded, unless they are based on wilful intent on our part. The burden to prove ordinary or gross negligence lies with the client.

b) The statute of limitations for any claims for damages is two years from the moment the risk passes.

6.4. Product liability

Recourse claims pursuant to § 12 of the law on product liability are excluded, unless the person entitled to claim recourse proves that the fault has occurred in our sphere und has been caused at least by gross negligence.

Return Policy:

Merchandise may not be returned for credit without a Return Goods Authorization (RGA) from ewo. Merchandise shipped to the ewo facility without an RGA will be subject to refusal or disposal.

Requests to return material must be made within 10 business days from the date of product receipt.

Non-standard product, such as modified or customized fixtures, poles, light columns, custom color, and discontinued merchandise are not returnable.

Material authorized for return is subject to a minimum of 50% restocking charge and any re-conditioning costs which may be necessary. Customer is responsible for all freight charges. The minimum restocking charge for an RGA is $100.00.

Material must be new and in original sealed cartons. Merchandise which has been installed or was improperly packaged and received damaged will be disposed and is not eligible for credit.

Merchandise must be returned within 10 days of the date of issuance of the RGA.

No RGA’s will be issued against unpaid invoices.

Cancellation Policy: Orders modified or cancelled after release are subject to a minimum $500 administrative and processing fee. Additional fees will apply for material costs. Fees are dependent on product ordered and timing of cancellation request. ewo makes every effort to limit cancellation fees to the actual costs/losses incurred. Cancellation requests must be made in writing. Orders are noncancellable after production begins.

PRICES ARE SUBJECT TO CHANGE BASED ON THE DEVELOPMENT OF TARIFFS AND IMPORT DUTIES.