1.
All warranty claims are subject to manufacturer's review
and acceptance.
2.
Lumascape warrants that it uses reasonable care and skill
to ensure that its lighting products are of reasonable
quality. Lumascape will at its cost and in its sole discretion:
(i) remedy any defect or fault in any product purchased;
or
(ii) replace any product in respect of which there is
a defect or fault, during the warranty period, provided
that written notice is given by the Purchaser to Lumascape
of any such defect or fault in the product as soon as
the Purchaser becomes aware of that fault or defect. All
warranty claims must be returned to Lumascape for assessment
with a receipt or other proof of payment. No warranty
is given in respect of any glass contained in any product.
3.
Lumascape has no liability to remedy any defect in a product
or replace a product where the defect or fault is caused
or contributed to by
(i) the failure of the Purchaser to install the product
according to specific installation instructions either
supplied within each product box or carton or available
on the Lumascape website or through the wholesaler or
Lumascape's representative; or
(ii) use of the product in a manner or for a purpose for
which it was not designed.
4.
All site application or installation must reflect these
procedures otherwise the product warranty will be considered
void or will not take effect.
5.
Except as provided for in this warranty, and to the extent
allowed by law, Lumascape's liability in respect of the
product under the law of any State or Territory is excluded.
Where liability may be limited but not excluded by any
applicable State or Territory law, liability is limited
to the full extent possible under that law.
6.
This Clause 5 will only apply in Australia to the extent
to which the provisions of the Commonwealth Trade Practices
Act 1974 (the "Act") apply to contracts entered
into by Lumascape for the provision of goods and services.
In all other countries the local equivalent Trade Practices
legislation shall apply and Lumascape exercises all of
its rights to limit its liability to the full extent allowed.
Pursuant to section 68A of the Act, this Clause 6 applies
in respect of the goods or services supplied by Lumascape
which are not of the kind ordinarily acquired for personal,
domestic, or household use or consumption, provided that
this Clause 6 will apply if the Purchaser establishes
that reliance on it would not be fair and reasonable.
Liability for a breach of a condition or warranty implied
by the Act is limited to any one of the following, as
determined by Lumascape in its sole discretion:
(i) the replacement of the goods or the supply of equivalent
goods;
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or
acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired.
In no event will Lumascape be liable to the Purchaser
for any damages, including lost profits, lost savings
or any other incidental or consequential damages arising
out of the use or inability to use the product or any
claim by any other party. All claims are limited to the
repair or the replacement of the products only and do
not include any labour or transportation charges. The
entire risk as to the use and performance of the product
is assumed by the Purchaser.
7.
Power tools shall not be used to tighten or assemble products.
Any damage claim or product failure associated to this
matter will be promptly dismissed or rejected.
8.
All installations shall be performed in accordance with
the local, state and country electrical code. Appropriate
regulatory authorities should be consulted where required.
9.
Lumascape products have been factory tested, documented
in the catalogue and/or listed by governing safety bodies
or public safety agencies to comply with rules and regulations
in effect at the time of registration. Product must therefore
be used within these parameters and selection must be
exercised accordingly by consultants and lighting professionals
to extend and preserve public safety during the installation
and after.
10.
All items must be properly grounded and all installations
should be performed by a professional electrician and
or a duly licensed contractor carrying proper liability
insurance.
11.
All information supplied by Lumascape's representatives
shall be reflected in the catalogue or verified with Lumascape
directly if it deviates from the primary intended use
of a specific product or the product limitations.
12.
All installation matters and failures related to installation
matters will be the installer's responsibility and will
remain so throughout the life of the product.
13.
Lamp wattage and matching replacement parts must be respected
throughout the product life.
14.
There is no warranty offered on lamps other than the lamp
manufacturer's warranty if any.
15.
Lumascape accepts no responsibility for damage to any
ancillary equipment or inconvenience caused by the failure
of our products.
16.
Lumascape reserves the right to alter fittings or specifications
at any time. |
