Lucent Industries Legal Terms and Policies

Website Terms of Use

Lucent Industries (“LUCENT”) maintains the www.lucentind.com  for your informational use. Your access and use of the Site are subject to the following terms and conditions (“Terms and Conditions”), LUCENT’s Privacy Policy which is incorporated herein by reference, and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions. If you are unable or unwilling to accept these Terms and Conditions, you must leave the Site immediately.

Use of Information. LUCENT authorizes you, subject to the limitations that follow and to view and download certain information available at the Site. This information may consist of technical specifications, product literature, and other materials relating to products and services of LUCENT (collectively “LUCENT Information”). You may not remove any copyright, patent, trademark, or other proprietary notices present on or near LUCENT Information. You may not modify LUCENT Information in any way. You may not use, reproduce, distribute, transmit, or publicly display LUCENT Information for any commercial purpose, unless expressly authorized in writing in a separate agreement by LUCENT. The permission granted in these Terms of Use is personal to you and not transferable. LUCENT Lighting Information is protected by intellectual property laws, and any unauthorized use of such information may violate applicable law in addition to this agreement.

Submissions. Any submissions you make to LUCENT through this Site (including but not limited to emails sent to LUCENT using this Site) will be treated as non-confidential and non-proprietary, and they may be disseminated or used by LUCENT for any purpose whatsoever. You may not post or transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under any law. You may not post any material that violates the copyright, patent, trademark, or other proprietary rights (including rights of publicity and privacy) of another. You agree to indemnify, defend, and hold harmless LUCENT from and against all costs and exposure resulting from your actions or postings on this Site. LUCENT reserves the right to prohibit further postings by any user for violation of these Terms and Conditions or for any other reason.

Links to Other Sites. Any links to or from third-party websites that are not maintained by LUCENT are provided solely as a convenience to you. LUCENT generally has not reviewed such third-party sites and does not control and is not responsible for any such sites or their content. LUCENT does not endorse or make any representations about them or any information, software, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any such third-party websites, you do so entirely at your own risk.

Disclaimer/Limitation of Liability. All data and information provided at this site are provided “as is” without any representations or warranties, express or implied, including warranties merchantability, fitness for a purpose, or non-infringement of intellectual property. The data and information presented on this site is believed to be accurate but should not be relied upon by the user for any purpose. All liability for the content of or any omissions from this site, including any inaccuracies, errors, or misstatements in such data or information is expressly disclaimed.

LUCENT disclaims any liability for use of LUCENT products or services in applications other than those for which they are designed.

In no event will LUCENT, its officers, directors, employees, representatives, or suppliers be liable for any damages whatsoever (including, without limitation, consequential damages and those resulting from lost profits, lost data, or business interruption) arising out of the use, inability to use, or the results of use of this site, any web sites linked to this site, or the materials or information contained at any or all such sites, whether based on warranty, contract, tort, or any other legal theory and whether or not advised of the possibility of such damages. LUCENT does not warrant that this site will operate without error or interruption.

BUYING TERMS

Governing Law. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflict of laws. You agree to submit, and hereby do submit, to the jurisdiction of the state and federal courts of the State of New York in connection with any dispute relating to these Terms and Conditions, and you waive any objection to such jurisdiction based on venue, convenience, or any other cause.

General. LUCENT may at any time revise these Terms and Conditions by placing an updated version on the Site. You are bound by any such revisions and should therefore periodically visit the Site to review the then-current Terms and Conditions to which you are bound. These Terms and Conditions represent the entire agreement of the parties regarding the Site and supersede all prior and contemporaneous agreements between parties, whether written or oral. Except as set forth in this paragraph, the Terms and Conditions may not be amended, altered, or changed except by the written agreement of both parties.

Return Policy. Except as provided below, products may not be returned without prior written approval issued by LUCENT in its sole and absolute discretion.

Defective Goods. Return authorization is required for all products. Send products under warranty to LUCENT (goods must be received by LUCENT no later than one year from date of shipment) with written explanation of failure and application. For LED products, the return authorization code must be included with the returned goods or the goods will be returned to Buyer at Buyer’s expense. Also include shipping instructions for return of replacement or repaired item. All returned items must be sent to a LUCENT specified location, freight prepaid. If a product is not under warranty, Buyer should call LUCENT for the cost to repair.

Advance Replacement. If advance replacement is approved by LUCENT, Buyer will be billed and then credited upon receipt of returned goods.

Order Entry/Shipping Errors. Call LUCENT for authorization to return. If return was caused by LUCENT error full credit will be allowed.

Product Warranties. The LUCENT Lighting Product Warranties are incorporated into these Terms of Sale by reference and apply to all products purchased from LUCENT unless otherwise agreed in writing by an officer of LUCENT. These warranties are in lieu of, and LUCENT expressly disclaims, all other warranties, express or implied in fact or by law, including without limitation all warranties of merchantability or fitness for a particular purpose or otherwise, and the foregoing warranties state LUCENT’s entire and exclusive liability, and the buyer’s sole and exclusive remedy, in connection with the, products or parts, their design, suitability for use, installation or operation.

Limitation of Liability. LUCENT will not be liable under any theory of relief, including without limitation breach of warranty, breach of contract, tort (including negligence), strict liability, or otherwise, arising out of or related to this agreement or products provided hereunder or LUCENT’s acts or omissions for: (i) any indirect, incidental, special or consequential damages, whatsoever (including without limitation, loss of anticipated value of a business or its reputation) or (ii) any damage or loss in excess of the price actually paid by Buyer for the products that caused the damages. Any action by Buyer must be commenced within one year after the cause of action has accrued.

Intellectual Property and Relationship of Parties. Buyer acknowledges and agrees that the LUCENT trademark, CIRCLE trademark, all other trademarks of LUCENT (collectively “LUCENT Marks “), and all copyrights, patents and other LUCENT intellectual property are owned exclusively by LUCENT. Buyer will not adopt or attempt to register any trademark, service mark, trade name, company name, internet domain name or other proprietary designation that is identical or confusingly like any of the LUCENT Marks. Buyer will not make, use or copy any LUCENT any material that is the same or substantially like any LUCENT copyright or patent. Provided that Buyer is in good standing with LUCENT and not in breach of this Agreement, and subject to compliance with the Minimum Advertised Pricing and Internet Advertising Policy, the foregoing will not prevent Buyer from: (a) accurately identifying the LUCENT products as offered for sale to consumers by Buyer provided that all such use of the LUCENT Mark by Buyer will inure to the benefit of LUCENT; and (b) using LUCENT photographs and descriptions of LUCENT products solely to promote sales of the LUCENT products. Any other use of any LUCENT Mark or LUCENT copyrighted material is prohibited without LUCENT ‘s prior written consent. Buyer and LUCENT are independent contractors. Buyer will not hold itself out as an agent of LUCENT or otherwise misstate or misrepresent its relationship to LUCENT.

No Representations Concerning Buy American Act and Trade Agreements Act. Except as provided in an official LUCENT product specification or a document signed by LUCENT, LUCENT makes no representations of compliance with the Buy American Act, Trade Agreements Act, or other similar country of origin statutes, including passive certifications.

Miscellaneous. Terms will be governed by the laws of the State of New York. Buyer consents to the personal jurisdiction and venue of the courts of the State of New York. Any legal or equitable claim of any nature arising hereunder will be filed and maintained in the state or federal courts in the State of New York and Buyer agrees that such courts are a convenient forum for adjudication. If suit is necessary to recover amounts owed LUCENT, Buyer will be liable for reasonable attorney’s fees, interest and costs of collection. No agreement or understanding varying the terms and conditions hereof will be binding upon either party hereto unless in writing attached hereto and signed by duly authorized representatives of both parties. This Agreement will inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

Buyer acknowledges and agrees that LUCENT is under no obligation to sell LUCENT Products to Buyer. LUCENT may refuse to accept orders from Buyer if: (a) Buyer violates this Policy more than once in any six-month period; (b) LUCENT determines that Buyer has flagrantly violated this Policy; or (c) for any other lawful reason.

LUCENT will act unilaterally when executing this Policy and will neither solicit, consider, nor agree to any recommendation, request, or demand of any other person or entity. All matters of interpretation and application of the terms of this Policy will be at LUCENT ‘s sole discretion.

Each Buyer is free to decide independently whether to follow this Policy. LUCENT neither seeks, nor will it accept, any assurance of compliance or agreement from Buyer regarding this Policy. Nor will LUCENT discuss any conditions of acceptance related to this Policy. No one other than an officer or director of LUCENT is, has been or will be authorized to modify or alter this Policy, or to bind LUCENT to any action inconsistent with its terms. In particular, and without limitation, LUCENT sales personnel and agents are not authorized to modify or grant exceptions to this Policy. LUCENT reserves the right to modify this Policy from time to time without notice. This Policy is void in any nation, state, or province where prohibited by U.S. or local law.

Privacy Policy

Important – Read Carefully. Lucent Industries (“LUCENT “) respects your privacy and is committed to protecting it through our compliance with this policy. This policy describes the types of information we may access or collect from you or that you may provide when you visit www.lucentind.com (the “Websites “) and our practices for collecting, using, maintaining, protecting and disclosing that information.

Please read the policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, do not use the Websites. By accessing or using the Websites, you agree to this privacy policy. LUCENT may, in its sole and absolute discretion, modify this Privacy Policy from time to time by posting a modified version on the Websites. If you object to any such changes, your sole recourse shall be to cease using the Websites. Continued use of Websites following notice of any such changes shall indicate you and your end users’ acknowledgement of such changes and agreement with such changes.

LUCENT does not intend that the Websites will be accessed or used by children under the age of 18, and such use is prohibited. LUCENT will promptly delete information associated with any account for which LUCENT obtains actual knowledge that the registered user is not at least 18 years old.

Collection of Personal Information and Do Not Track

LUCENT collects personal information from users of the Websites. LUCENT may collect basic contact information such as name, address, e-mail address, login credentials, demographic data, usage information, telephone and fax numbers. LUCENT may collect such personal information as part of the registration process for certain areas of the Websites. LUCENT may also collect personal information when users submit comments or other messages to LUCENT through the Websites. Additionally, LUCENT or its third-party vendors may collect personal information through the Websites by using web cookies and web beacons. If you do not want to receive a cookie, you may set your browser to refuse cookies or to notify you when you receive a cookie, which you may then refuse upon such notice. LUCENT does not track its customers over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. If you do not agree with LUCENT’s policy not to honor Do Not Track, your only remedy is to stop using the Websites.

User Access Controls

You are responsible for managing user access controls within the Websites. You define the usernames, roles, and password characteristics (length, complexity, and expiration timeframe) for your user’s subject to LUCENT’s requirements. You are entirely responsible for any failure by you, your agents, contractors or employees (including without limitation all your users) to maintain the security of all usernames, passwords and other account information under your control. Except in the event of a security lapse caused by our gross negligence or willful action or inaction, you are entirely responsible for all use of the Website through your usernames and passwords whether authorized by you and any charges resulting from such use. You will immediately notify LUCENT if you become aware of any unauthorized use of the Websites.

Use and Disclosure of Personal Information

LUCENT may use and disclose personal information for specific purposes, including without limitation:

  • For compiling aggregate statistics of the use of the Websites;
  • For maintenance and administration of the Websites;
  • To follow up on comments and other messages that users submit to LUCENT through the Websites;
  • For direct marketing and promotional efforts by or on behalf of LUCENT (unless the user opts-out of receiving such information);
  • To contractors or other third-party suppliers LUCENT uses to support its business;
  • To a buyer or other successor in the event of a merger; divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all LUCENT’s assets;
  • For contacting and recruiting individuals who submit resumes through LUCENT or a third party’s web site;
  • To fulfill the purpose for which you provide it;
  • For any other purpose disclosed by LUCENT when you provide the information; and
  • With your consent.

Legal Disclosures

LUCENT may disclose your personal information to enforce our Websites to protect personal safety, the public or LUCENT’s products. It is also possible that LUCENT may be required by law to disclose your personal information pursuant to judicial or other government subpoenas, warrants, or orders, potentially, in any location where LUCENT does business.

Data Security and Integrity

LUCENT has put in place certain technological and procedural security functions to protect the personal information it collects, uses or transfers from loss, misuse, alteration or destruction. In addition, LUCENT will use reasonable efforts to remove a user’s personal information when it is no longer required for the purposes set forth above. However, LUCENT cannot guarantee that any loss, misuse, alteration, destruction or retention will or will not occur, and makes no representations to this effect. LUCENT also cannot (and does not) make any guarantees or representations with respect to, or assume any responsibility for, the security of any devices not provided by LUCENT (including your personal cellular device or computer), any infrastructure or materials not exclusively controlled by LUCENT or with respect to the Internet in general.

Third Party Websites

The Websites may provide links to third party websites. LUCENT does not make any representations or warranties with respect to such third-party websites. Users of the Websites should be aware that the owners and operators of third-party websites might collect, use or transfer personal information under different terms and conditions than LUCENT. Upon linking to a third-party website, users should inform themselves of the privacy policies of such third-party web sites.

Contact Us

If you have any questions or concerns regarding the LUCENT Privacy Policy, please contact us at bill@lucentind.com.

Product Warranty Terms

The following warranties apply to Lucent Industries. (“LUCENT“) products and services (except LUCENT products and services) that meet all of the following conditions: (a) the product was purchased by a contractor on behalf of the end-user or by the end-user from an authorized LUCENT distributor who purchased the product directly from LUCENT and from no other source; (b) if the product has been installed, the entire installation was performed by a licensed electrician or under the supervision of a licensed electrician and the product was in its original, unopened and new condition at the time of installation. By way of example only and not in limitation, products purchased from anyone other than LUCENT or its authorized distributors, including from third party resellers on-line through Amazon, EBay or any other service, are not covered by any LUCENT warranty. LUCENT products and services are warranted under the LUCENT Master Services Agreement or, if the customer has not entered into the Lucent Master Services Agreement, the LUCENT Hardware and Services Agreement.

LUCENT disclaims all representations and warranties with respect to all other products, including without limitation products that have been purchased from any person or entity other than an authorized LUCENT distributor, or installed by any person or entity other than a licensed electrician or under the supervision of a licensed electrician, and all products that are used or are otherwise not in their original LUCENT packaging at the time of installation.

General Product Warranty. Each LUCENT product will be free from defects in materials and workmanship for a period of one 6 months from the date of delivery to the end-user. Powder Coat paint finish on products other than natural aluminum or brass will not exhibit cracking, peeling, excessive fading or corrosion during the warranty period.

Five (5) Year No-compromise LED Product Warranty. Each LUCENT LED product other than the specific LED products expressly identified below which are covered by the warranty associated with those products, including the LED electronics and components of its properly installed LED product will be free from defects in materials and workmanship for a period of five (5) years from the date of delivery to the end-user. Exceptions apply as defined in product specification sheets which are incorporated herein by reference. Defects in material or workmanship do not include improper installation or operation, alterations, power surges or overheating due to external conditions.

The 5 Year No Compromise LED Product Warranty includes the following performance criteria:

  • LED Light Output will be maintained above 70% of initial output
  • LED color temperature will not shift more than 200K in CCT
  • LED driver will operate within lucent specifications
  • Fixture finish will not exhibit cracking, peeling, excessive fading or corrosion (excluding natural aluminum or brass products)

This is limited to the repair and replacement of parts or the product and potential in LUCENT ‘s discretion for necessary costs of services required to repair properly installed LUCENT LED products. If product fails the above warranty, LUCENT will provide at least one of the following remedies subject to all limitations stated herein with no other obligations:

  1. Provide a replacement LUCENT LED product; or
  2. Potentially contribute to the cost of a technician for the repair or replacement of a defective LUCENT LED product subject to LUCENT ‘s sole discretion; or
  3. Upon returning the covered LED product, refund the purchaser the purchase cost for the covered LED product and potentially reimburse the purchaser the reasonable, customary, and necessary costs for replacing the product with an alternative product in LUCENT’s sole discretion;
  4. Potentially contribute to the cost of a lift rental, if deemed necessary by LUCENT and in LUCENT’s sole discretion

A LUCENT LED product can be returned to the original place of purchase for immediate replacement; or LUCENT can directly ship the replacement product

Five (5) Year Limited LED Product Warranty. Each LUCENT LED product in the Product Lines identified below, including the LED electronics and components of its property installed LED product will be free from defects in materials and workmanship for a period of five (5) years from the date of original sale. The product shall be considered defective only if 10% or more of the LED components fail for such product.

Exceptions apply as stated on product specification sheets incorporated herein by reference. Defects in material or workmanship do not include improper installation or operation, alterations, power surges or overheating due to external conditions.

This Limited LUCENT LED Warranty covers the following performance criteria (and no other criteria):

  • LED driver will operate within LUCENT specifications
  • 90% or more of the LED components will be free of defects
  • Fixture finish will not exhibit, peeling or corrosion (excluding natural aluminum or brass products)

LUCENT Product Lines covered by the Five (5) Year Limited LED Product Warranty include:

  • LS20 LED LINEAR HIGH BAY
  • LS23 LED LINEAR HIGH BAY
  • LS10 LED CENTER BASKET TROFFER
  • LS11 CCT TUNABLE LED TROFFER
  • LC10 STANDARD LED FLAT PANEL
  • LT10 LED LOW BAYS
  • LT20 UFO HIGH BAY
  • LT30 LED SHOEBOX
  • LT31 LED SHOEBOX HIGH VOLTAGE
  • LT50 LED FLOOD LIGHT
  • LS30 LED GARAGE CANOPY
  • LT60 LED WALL PACKS

LUCENT will replace these products with the same model or issue a credit for the purchase price of the product that fails to meet this Limited Warranty and not provide any other remedies. A LUCENT LED product can be returned to the original place of purchase for immediate replacement; or LUCENT can directly ship the replacement product.

Exceptions apply as stated on product specification sheets incorporated herein by reference. Defects in material or workmanship do not include improper installation or operation, alterations, power surges or overheating due to external conditions.

This Limited LUCENT LED Warranty covers the following performance criteria (and no other criteria):

  • LED driver will operate within LUCENT specifications
  • 90% or more of the LED components will be free of defects
  • Fixture finish will not exhibit, peeling or corrosion (excluding natural aluminum or brass products)

LUCENT will replace these products with the same model or issue a credit for the purchase price of the product that fails to meet this Limited Warranty and not provide any other remedies. A LUCENT LED product can be returned to the original place of purchase for immediate replacement; or LUCENT can directly ship the replacement product.

Exceptions and Other Limitations. None of the warranties stated herein shall apply and LUCENT makes no representations or warranties with respect to:

  1. plastic globes and polycarbonate lenses of non-LED fixtures; glass lens accessories for LED fixtures;
  2. problems caused by acts of mother nature including without limitation lightning strikes;
  3. problems caused by any improper action or failure to act by any person or entity other than LUCENT, including without limitation problems caused by improper installation by the buyer, an authorized LUCENT distributor, or any other person or entity;
  4. any housing or arm that are pierced for any reason, including without limitation, piercing caused by installation of sensors, photocells or any other purpose. The installation must be sealed properly to maintain water tight operation; any piercing will void the LUCENT warranty;
  5. using or installing a sensor product in any manner other than as disclosed in the LUCENT Owner’s Manual;
  6. use of LUCENT sensors with Instant Start ballasts; use with Instant Start ballasts will void the LUCENT warranty.
  7. To the extent that LUCENT ‘s warranty covers costs for labor, equipment, and services under the No Compromise Warranty, such costs must be approved by LUCENT prior to incurring such costs. Failure to secure such approval will result in voiding that portion of the warranty and LUCENT reserves the right to reject payment for such costs.

Remedy. LUCENT ‘s obligations for breach of warranty shall be limited to what is stated in the relevant warranties above and provided that buyer gives LUCENT written notice and returns the defective product to LUCENT in accordance with LUCENT ‘s return material authorization (RMA) policies, and LUCENT confirms the defect. Except as otherwise stated herein and approved by LUCENT ‘s in advance of any costs, Buyer is responsible for all costs to de-install defective products and re-install replacement or repaired products and LUCENT shall not be liable for labor or other costs related to de-installation or re-installation.

Disclaimer. The foregoing warranties are in lieu of, and LUCENT expressly disclaims, all other representations, guarantees and warranties, express or implied in fact or by law, including without limitation all warranties of merchantability or fitness for a particular purpose or otherwise. The foregoing warranties state LUCENT ‘s entire and exclusive liability, and buyer’s sole and exclusive remedy, in connection with the products and all parts, their design, suitability for use, installation and operation.

Limitation of liability. LUCENT shall not be liable under any theory of relief, including without limitation breach of warranty, breach of contract, tort (including negligence), strict liability, or otherwise, arising out of or related to any breach of warranty, any LUCENT products and the use thereof, or any other acts or omissions of LUCENT for: (i) any indirect, incidental, special or consequential damages, whatsoever (including without limitation, loss of anticipated value of a business or its reputation) or (ii) any damage or loss in excess of the price actually paid by buyer to the authorized LUCENT distributor for the products that caused the damages. Any action by buyer must be commenced within 6 months after the cause of action has accrued.

Miscellaneous. These product warranty terms shall be governed by the laws of the State of New York. Buyer consents to the personal jurisdiction and venue of the courts of the State of New York. Any legal or equitable claim of any nature arising hereunder shall be filed and maintained in the state or federal courts in the State of New York and buyer agrees that such courts are a convenient forum for adjudication. If suit is necessary to recover amounts owed LUCENT, buyer shall be liable for reasonable attorney’s fees, interest and costs of collection. No agreement or understanding varying the terms and conditions hereof shall be binding upon LUCENT or buyer unless in writing and signed by duly authorized representatives of both parties. These product warranty terms shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.

 

Lucent Industry

Tubes

Glass Tubes
ALPC Tubes
Dimmable Tubes
Freezer Tubes

Indoor

Linear High Bays
Linear Low Bays
UFO High Bays
Panels
Troffers

Outdoor

Flood Lights
Pole Lights
Wall Packs
Garage Canopy Lights

Accessories

Surface Mount Kits
Domes
Sensors
Socket
Emergency Backups

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