2021/22 Ordering Information

phone: 877.607.0202        fax: 877.607.0203              email: [email protected]

How To Order

Orders are placed with authorized Oxygen sales representatives.

Warehouse/Ordering Hours

Warehouse operations are open from 8:00am - 5:30pm Central Standard Time Monday through Friday.

Prices

Buyer agrees to pay Company’s established prices in effect on date of shipment if shipment is from other persons or firms, or on date of delivery if delivered from Company’s stock. Prices are F.O.B. shipping point. Where transportation charges are expressly included, the same are based on present rates, and are subject to adjustment for any increase or decrease in effect at time of shipment. Any direct tax, including sales or use tax, imposed by law with respect to the sale or manufacture of any merchandise sold is to be added.

Terms

All invoices are due and payable on a net 30-day basis from invoice date unless otherwise stated on the invoice. All past due invoices arising hereunder or otherwise owing to Company by Buyer shall bear interest at the maximum rate per annum provided by law, but in no event any rate in excess of that permitted by law.

Credit

All sales are subject to approval by the credit department of Company. If the credit rating of Buyer becomes unsatisfactory in the opinion of the credit department of Company prior to delivery of the merchandise covered by any order, the sale may be cancelled by Company. If Buyer fails to fulfill any terms of the purchase agreed upon in connection with this or any other order, Company may defer delivery until compliance therewith is made, or at its option may cancel any sale. For credit approval of new accounts, a completed and signed Company credit application must be in our possession before credit verification can begin. New accounts normally take 48 hours to process. Company uses the services of Dun & Bradstreet and other credit reporting companies for credit analysis. We report delinquent accounts to those companies. We fill orders only after credit approval. Active accounts will be credit determined the same day the order is received. Orders for past due accounts are not shipped until the account status is current.

Delivery

Company shall not be responsible for any delay or failure to make delivery which is occasioned by causes beyond its control, including but not restricted to fires, floods, strikes, labor disputes, accidents, embargoes, delays in transportation, fuel, material or labor shortages, failure to obtain delivery from manufacturers or subcontractors, any ruling, regulation or law of any government bureau or agency, or by any Act of God. Delays so caused shall not release Buyer from his obligation to accept and pay for goods. Company’s responsibility ceases upon delivery of the merchandise to the carrier.

Shipping Point For All Purposes

All shipments are FOB Company’s warehouse, in Fort Worth, Tarrant County, Texas.

Shipping Method and Charges

Company ships via the least expensive, not necessarily the fastest, carriers. If Buyer has a preferred carrier and wishes to pay the freight charges directly to the carrier, please provide your account number for the carrier of your choice. For basic ground transportation services, the Buyer may be asked to pay a premium for custom selected carriers. Buyer will be required to pay the entire Freight Services charge for any shipments using expedited ground transport or air transport services. All orders are shipped Prepaid and Add, unless the Customer requests to be billed Third Party. For orders of $500 or more : Freight charges for standard LTL commercial delivery or parcel delivery will be equal to 10% of the total order amount for shipments in the USA. If the invoice is paid within its dating Terms, the customer may deduct the Freight charges. For orders less than $500 : Freight charges for Standard LTL commercial delivery or parcel delivery will be equal to 10% of the total order amount for shipments in the USA. Any shipment outside the USA, Buyer should contact Company’s Customer Service Department for a freight quote. If any items are backordered, they will also be billed at the same freight rate as the original order, when they ship. Company contracts with LTL Freight carriers for standard commercial delivery only. Residential deliveries or accessorial services from LTL Carriers will incur additional charges that are in addition to the freight rates stated above. If you advise us that you need such services when you place your order, we will prepay for the services and add them to your invoice. Otherwise, the freight carrier will bill you directly for such additional services. Parcel shipments (such as UPS) will not incur additional charges for residential delivery or accessorial services.

Shortage Claims

Any claim for shortage must be made to Company within 3 days of delivery.

Freight Claims

We assure that products are in good condition prior to packing and shipping. Company is not responsible for shipments after they leave our warehouse. The carrier signs for acceptance at that time. Buyers must examine all arriving shipments for evidence of damage or breakage, and must refuse acceptance or file a claim with the carrier for compensation. UNDER NO CIRCUMSTANCES SHALL OXYGEN BE RESPONSIBLE FOR DAMAGE IN U.P.S./FED EX SHIPMENTS. All shipments are FOB Company’s warehouse in Fort Worth, Tarrant County, Texas.

Returned Goods

Merchandise Returned for Credit must be accompanied by a returned merchandise authorization (RMA) number issued by Company within 90 days of our invoice date. Merchandise must be returned; freight prepaid, in its original factory sealed packaging and is subject to a 50% restocking fee. Discontinued, non-standard, modified (CDX) or unsaleable merchandise will not be accepted as returned goods for credit. Merchandise Returned Under Warranty for Credit must be accompanied by a return merchandise authorization (RMA) number issued by us within the warranty period. In addition, ceiling fan warranty claims made by Company dealers on behalf of end users must be accompanied by a copy of the end user’s dated proof of purchase as evidence of warranty validity. Merchandise must be returned, freight prepaid, in its original factory packaging. Merchandise that has been modified, or is missing parts, or that is not in its original packaging will be repaired and returned freight prepaid (if the warranty claim is approved). If merchandise cannot be repaired, credit will be issued at the invoiced value, less the value of any missing parts.

Cancellation by Buyer

No merchandise may be returned for credit or replacement except on written approval by Company. Orders placed with and accepted by Company may not be cancelled except with Company’s written consent. Purchase orders cancelled more than 5 days after the date of Acknowledgement / Proforma are subject to a 50% cancellation fee.

Drop Shipments

Company reserves the right to refuse drop shipment or pick-up orders that are bound for destinations outside the Buyer’s regular or assigned selling or service area. Drop shipments are subject to additional charges and at Company’s discretion.

Limited Warranty

Company warrants that our products are free of defects in workmanship and materials. Such warranty is in lieu of all other warranties including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. Company will, at our sole option, repair or replace, FOB shipping point, freight prepaid within the Continental U.S., any of our products defective in workmanship or materials. Such repair or replacement is the sole and exclusive remedy against Company and is limited to two (2) years from the date of invoice to the original end user of all lighting, ceiling fan and accessory products (except Energy Star lighting products). Company warrants our Energy Star lighting products for three (3) years from the date of the invoice to the original end user. The Company warrants our integral LED light fixtures for five (5) years from the date of invoice to the original end user on driver and array parts.  The Company also offers specific warranty on its ceiling fans directly to the original end users of such products and such warranties will vary between models. Consult the warranty inside each ceiling fan box for further information. The Company’s warranties are not applicable to any lighting product that is not installed and operated in accordance with the National Electric Code (NEC) and Company’s product instructions, including, but not limited to, lamping requirements and installation instructions. Consult the warranty included inside each light fixture box for further information. Company does not warrant any product which we promote and sell as "discontinued" or any product which has been altered or repaired outside of our factory or any product which, in our opinion, has been subject to abuse, misuse, negligence, accident or improper installation, maintenance or storage. Company will not be responsible for any costs incurred in the removal or reinstallation of any product nor any consequential or incidental damages arising out of or in connection with product use or performance or any breach of aforementioned warranties. The terms, specifications, and conditions contained herein supersede all previous terms, specifications, and conditions, and are subject to change without notice.

Place of Payment and Applicable Law

Buyer agrees to pay all sums which may become due under this order or which he may otherwise owe to Company at the principal office of Company in Fort Worth, Tarrant County, Texas. This agreement shall be governed by and construed in accordance with the laws of the State of Texas. Buyer hereby agrees and consents to the jurisdiction of the Courts of the State of Texas and further consents to the exclusive and mandatory venue in Tarrant County, Texas, for any dispute arising between the Company and Buyer.

Forbearance/No Waiver

Forbearance or failure of Company to enforce any of these conditions or to exercise any right accruing from any default of Buyer shall not affect or impair Company’s rights should such default continue or in case of any subsequent default of Buyer, nor shall such forbearance or failure be deemed a waiver of Company’s rights in case of other or future defaults of Buyer.

Security Interest

Buyer grants Company a security interest in all goods purchased from Company, the exact description of which goods is found in each invoice presented to Buyer. Buyer appoints Company, as Buyer’s attorney-in-fact for purposes of signing and filing with appropriate authority a Financing Statement (UCC-1) or any modification or extension thereof.

CATSFLLX21

Oxygen Rev. 5-1-20