Ember Permanent Lighting — General Terms and Conditions
Last updated: September 6, 2026
Please note: Payment
Customer agrees to provide valid and up-to-date payment information before services begin.
The following terms and conditions shall apply to this Agreement and any dispute between the Customer and Contractor.
1. Work in Process
Projects or Work in the process of being installed are not complete and should not be expected to function as completed Work. The contractor does not guarantee that unfinished Work or Work in the process of being installed will function properly. Customers use of an unfinished system/Work is at their own risk and will void any warranty whatsoever. The contractor is not liable for any liability related to the Customer's use of the unfinished system/Work. If the unfinished system/Work stops functioning during non-business hours or on weekends, the Contractor, at the Customer's request, may dispatch a technician to troubleshoot the problem. A non-business hour or weekend service call is not covered by the Warranty herein, and the Customer will be billed at the non-business hours/weekend service call hourly rate. This will be in addition to the Proposal price.
1.1 Delays
Contractor shall not be liable for any delays caused by the Customer, Contractor's laborers or subcontractors, suppliers, natural disasters, governmental actions, or other events outside of Contractor's control. Should the Contractor be delayed in the completion (or commencement) of its work for any of the reasons set forth above, then the Contractor will be given reasonable extensions necessary to complete the Work. The time for such extension shall be liberally construed in favor of the Contractor.
2. Cancellation Policy
The Customer acknowledges that the Company incurs significant costs upon entering this Agreement, including procuring materials, labor, and scheduling. Therefore, the Customer agrees that all payments under this Agreement are non-refundable, and the obligation to pay the total cost of the installation in full remains enforceable. This Agreement is non-cancellable once signed, except for the 3-day right of rescission.
3. Installation Schedule
The Company will schedule and complete the installation within the timeframe specified by the office after the signing of this Agreement, or as otherwise agreed upon in writing by both parties.
4. Warranty
The Company provides a warranty on the track and lights for LIFE as a LIFETIME warranty. Also, a warranty on workmanship for 1 year from the installation date. This warranty does not cover damages caused by misuse, neglect, or external factors (e.g., weather, power surges).
5. Default and Remedies
Failure to make timely payments will result in the remaining balance becoming immediately due and payable. The Company reserves the right to pursue legal remedies, including but not limited to interest charges, collection fees, or repossession of the installed equipment.
5.1 Liens
Contractor reserves the right to file preliminary notices and liens for non-payment and to enforce such liens to the fullest extent permitted by law.
5.2 Termination of This Agreement
Without Cause. Except as provided herein, including Customer's Right to Cancel, neither Party may terminate this Agreement without cause unless both parties agree to cancel the Agreement.
5.3 For Cause
Either Party may terminate this Agreement for cause. "For Cause" is limited to the following: (a) Customer's failure to make any payments required under this Agreement, (b) Customer's failure to allow Contractor reasonable access to the Installation Location, (c) delays, as defined under 1.1, which increase Contractor's costs of performing the Work by more than 10%, (d) Customer's exercise of its Right to Cancel, (e) any occurrence under Section 5.10 of this Agreement.
5.4 Incompatible Structures
Contractor reserves the right to cancel this Agreement if the site, structure, building, or property cannot accommodate the System or the Work cannot otherwise be completed without excessive costs. In such an event, Contractor shall reimburse Customer, any payments made toward the system/Work that was not completed.
5.5 Method of Terminating
Cure Period: If Contractor's Work is untimely, unsatisfactory, or otherwise deficient, then before hiring another contractor to 'cover' the Work, Customer agrees to state in writing the nature of Contractor's inadequacy and allow a period of at least thirty 30) days to cure, or longer if reasonably required to complete the inadequate work.
5.6 Contractor Services
Contractor shall supply the items necessary for its Work in a professional and workmanlike manner.
5.7 Survival of Obligations
If this Agreement is terminated for Customer's breach, Customer shall be obligated to pay Contractor for all of the Work performed through the date of termination.
5.8 Remedies
In the event of any default under this obligation, the non-defaulting party will be entitled to an award of the delinquent amount, interest at the rate of 1.5% per month (compounded monthly), all expenses, including a 25% collection charge on the delinquent amount, reasonable attorney fees, and court costs, incurred in obtaining redress. Payments for any delinquent balance(s) shall be applied first to costs of court, then to collection/attorney's fees, then interest, and lastly to principal.
5.9 Insurance
The Contractor may purchase and maintain such insurance necessary to protect from claims the conduct of this Agreement and from any damage to the Customer's property resulting from the conduct of this Agreement.
5.10 Indemnity
Customer shall hold Contractor, Contractor's employees, subcontractors, and agents harmless and indemnify Contractor from any damages, claims, or liabilities, including attorney fees and costs arising in any manner from in any way related to, services or materials provided to the Customer by any third-party unrelated to Contractor including, but not limited to, any claims for personal injury, property damage, defective workmanship or construction, or claims for infringement of any patent rights or any intellectual property rights, except for matters that arise out of, pertain to, or relate to the active negligence or willful misconduct of Contractor, or its other agents, other servants, or other independent contractors who are responsible to Contractor, or for defects in design furnished by those persons, or to the extent the matters do not arise out of the Scope of Work of the Customer under the applicable Work documents.
6. Liability
Contractor hereby disclaims any and all obligations owed by the Customer to any third party unless agreed to in a separate written agreement by both Parties. Unless set forth herein or specifically acknowledged in writing and clear and conspicuous terms requiring the signature of Contractor, then Contractor shall have no liability whatsoever for liquidated damages associated with the Work. Notwithstanding the above, Contractor is only liable for any liquidated damages to the extent that Customer has incurred and paid such liquidated damages to another party, and the delays giving rise to the liquidated damages are the legal and proximate result of Contractor's conduct. In addition, nothing herein shall be construed to alter the limitation of liability set forth herein.
6.1 Limitation of Liability
IN NO EVENT SHALL EMBER PERMANENT LIGHTING BE LIABLE TO CUSTOMER, ITS EMPLOYEES, SUBCONTRACTORS, AND/OR AGENTS, OR ANY THIRD PARTY, FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS FOR ANY CLAIM OR DEMAND OF ANY NATURE OR KIND, ARISING OUT OF ANY WAY RELATING TO THIS AGREEMENT OR THE WORK.
6.2 Severability
If any term or other provision of this Agreement is invalid, illegal, or incapable of being enforced by any law or public policy, all other terms of this Agreement shall nevertheless remain in full force and effect, so long as the economic or legal substance of the Agreement is not affected in any manner materially adverse to any Party.
6.3 Governing Law; Venue
This Agreement shall be governed and construed by the laws of the state where the installation address is located, without regard to conflict of law principles. All disputes arising out of or relating in any way to this Agreement or the Work shall be resolved by the appropriate State and Federal Courts located in the county and state of the installation address. Customer hereby expressly consents to the personal jurisdiction of the State and Federal courts of the state where the installation address is located and waives any objection it may now or hereafter have to the laying of venue of any such action brought in such courts arising from or related to this Agreement or the Work.
6.4 Interpretation
All Parties have had the opportunity to have their own independent counsel review these terms and conditions, and these terms and conditions shall be construed fairly and equally as to all Parties as if drafted jointly by them. Any uncertainty or ambiguity shall not be interpreted against any Party.
6.5 Attorney's Fees
In the event it is necessary to use an attorney to collect any amounts owing under this Agreement, or to otherwise enforce any terms of this Agreement, the prevailing Party shall be entitled to recover and collect its reasonable attorney's fees and costs.
6.6 Liability Exclusions
Contractor shall have no liability for damage or injury to any of Customer's property unless it was the result of the reckless conduct of Contractor's employees or agents. Customer acknowledges that some parts or aspects of the Customer area may be fragile and that, despite reasonable care, may be damaged in the process of the installation of the equipment, and Contractor shall have no fault therefore. Contractor shall not be responsible for damage to property that is pre-existing, concealed, defective, unusually fragile, improperly installed, or not reasonably apparent to Contractor before or during installation. Contractor shall remain responsible for property damage caused by Contractor's negligent or willful acts or omissions.
6.7 Existing Conditions
Customer acknowledges that Contractor is relying upon the existing condition of the structure, electrical system, mounting surfaces, soffits, fascia, rooflines, outlets, breakers, wiring, network equipment, and other components that are not specifically included in the Scope of Work. Contractor is not responsible for correcting pre-existing deficiencies unless expressly included in the Proposal. If previously unknown conditions are discovered that materially affect the cost or feasibility of the Work, Contractor may suspend the affected portion of the Work and provide Customer with a change order or other proposed resolution.
7. Time of Completion
The Contractor agrees to install the Work in a commercially reasonable timeframe.
8. Invoicing Disputes
Customer agrees to notify Contractor, in writing, of any error in any invoice within three (3) business days after the delivery of the equipment. Customer's failure to notify Contractor shall be deemed acceptance of the equipment and charges as rendered and outlined in the invoice(s). If Customer fails to notify Contractor in writing of any disputed charges outlined in this Section, Customer shall be deemed to have accepted all charges and shall waive its right to dispute any such charges in the future. In the event that Customer does not pay the contract sum as outlined herein, Customer agrees that Contractor may file a lien against the project site.
9. Access to Property
Customer agrees to provide safe and secure access to the project site during normal working hours and agrees to have the work area free of materials or stored items and unchained animals. Customer hereby waives, releases, and agrees to indemnify Contractor and Contractor's agents and employees against any and all claims by Customer and third parties resulting from or related to the entry on the property incident to the fulfillment of this Agreement by Customer or Customer's relatives, guests, representatives, agents or invitees, including but not limited to any entry accompanied by Contractor for a scheduled inspection.
10. Parts and Labor
Contractor shall warranty lights, power supply, labor, and workmanship for the Work for the greater of either (i) the Warranty Period, or (ii) the minimum required by law (collectively, "Parts and Labor Warranty"). Connectivity is not warranted. Contractor does not warrant the Ember lighting system connectivity to the existing home or business network, or the wireless internet (Wi-Fi) connectivity from the Ember lighting to any of the Customer's devices, as none of these devices were supplied by the contractor, even if such lack of connectivity or workability impedes the ability to operate the System. The Telephone Support Contractor agrees to provide the Customer with free, unlimited telephone support during its regular business hours during the warranty period. The Telephone Support doesn't cover support for wireless internet (Wi-Fi), Bluetooth, cellphone/tablet connectivity, or other wireless connectivity issues.
11. Charges for Uncovered Support
Contractor reserves the right to charge Customer a reasonable service fee for any warranty claims where the issue is related to, caused by, or attributable to either (a) a non-covered item or (b) is outside of the Warranty Period.
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Entire Agreement
This Agreement contains the entire agreement and understanding of the Parties concerning the subject matter addressed herein, including the Work and the System. Customer agrees and warrants that Customer is not relying on any statement, representation, or claim not contained in this Agreement in entering into the Agreement and accepting the terms provided herein, including any statements from Customer's Sales Representative regarding the Work, the System, or Contractor.
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