Lumascape, Inc. Terms of Sale

PAYMENT TERMS

Account customers are strictly net 30. Non-account customers are required to pay prior to dispatch and a deposit may be required. Lumascape does not offer discounts for cash payments.

FREIGHT TERMS

All orders for Lumascape product with a value of $10,000 or more (excluding tax) qualify for ‘freight allowed’ terms, covering delivery by ground transport (on the carrier selected by Lumascape) within the continental US and Canada. Freight on orders below this value are subject to shipping charges or may be shipped on the customer’s account (at the customer’s request).

MINIMUM ORDER VALUE

Minimum order is $500.00. Orders below this are subject to a 20% handling charge, (spare parts excluded). All shipments exclude customs clearance, duties, taxes or other local or import-related charges (if applicable). These charges are to be paid by the importer of record.

TRANSPORTATION CLAIMS

Our equipment is tested for malfunctions and defects prior to shipping. Title passes to the purchaser upon delivery by us to the carrier, and all claims for damages or shortages in transit shall be made by the purchaser with the delivering carrier. Bills of Lading marked with “Shippers Load and Count” do not constitute a transfer of liability for the freight or damages from the consignee to Lumascape.

PACKAGING

Lumascape reserves the right to optimize packaging at its discretion. Some products may only be available in bulk package multiples or case quantities.

LAMPS AND TRANSFORMERS NOT INCLUDED

Prices do not include lamps, transformers, drivers or other ancillary equipment. These may be quoted separately and will be listed by part number and description if included.

SPECIAL BUILD ITEMS

Items ordered which are not cataloged products require a 30% deposit, along with balance payment prior to shipment. Once the deposit is received, no changes or cancellations can be accepted. Special build items are non-returnable.

RETURNS

Returned goods are subject to 40% restocking fee plus all freight charges associated with the order for returns less than 90 days. After 90 days goods are not returnable. Custom units are not returnable under any circumstances. All returns must be authorized by Lumascape and must be returned in “as new” condition; failure to get return authorization will result in the delivery being rejected and further freight costs on the rejected shipment.

CANCELLATION CHARGE

Orders for Warehouse stocking items may be cancelled prior to shipping without charge. All other orders may not be cancelled unless we are reimbursed for work already performed and for special material purchased by our company. Custom or modified product may not be cancelled under any circumstance, and cannot be returned. If an order is cancelled after shipment or if delivery is refused at the destination, all warehousing, delivery, disposition and return costs will be charged to the customer.

SERVICE AREA LIMITATION

The company reserves the right to refuse to make quotations, accept orders or make shipments to points of destination outside of the regular or assigned selling and service area of the distributor.

ACCEPTANCE

Acceptance of orders can be made only at our Plant for warehouse orders on the basis of these terms and conditions of sale. Lumascape will not accept orders that require customer furnished components.

LIMITED WARRANTY

Lumascape warrants all products sold hereunder to be free from defect in manufacturing, under normal and proper storage, installation, and use, for a period as follows:

Summary of Warranty by Product Type

Architectural Lighting Product GroupStructural WarrantyElectrical Warranty
LED Drivers and Modules
(read in conjunction with product type)
N/A5 years
Stainless Steel Ingrade, At Grade, Bollards and Wallmount10 years1 year
Stainless Steel Underwater5 years1 year
Brass Ingrade5 years1 year
Brass Wallmount5 years1 year
Copper Wallmount10 years1 year
Aluminium Wallmount2 years1 year

All warranty is voided if the product is modified without the express written approval by Lumascape. For Lamp and ballast warranties refer directly to the lamp or ballast manufacturer. All installations of Lumascape products must reflect local and state or provincial electrical code requirements and will remain entirely the responsibility of the installer. All costs or modifications required for local particularities and requirements are the installer’s or the buyer’s responsibility. Our warranty liability extends only to the repair or replacement of the defective part. Claims for labor charges for correction of the defect by repair or replacement will not be honored by Lumascape Lighting unless prior written authority has been granted. Lumascape liability does not extend to damages that result from deliveries that do not meet or occur within a customer’s specified delivery time frame or for any delay or default resulting from any cause, including, without limitation, embargoes; shortages of labor, raw materials, or fuel; fires, floods; accidents; acts of war; or other similar causes outside of our control. Any claims for defective ballasts or lamps found to be in warranty should be made directly to the ballast or lamp manufacturer through their local service center or their field representative. Lumascape is not responsible for any costs or expenses, including without limitation any labor charges for replacement of defective lamps or ballasts. Any such costs are the responsibility of and must be authorized by the lamp or ballast manufacturer.

THE FOREGOING WARRANTY TERMS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. LUMASCAPE MAKES NO REPRESENTATIONS OR WARRANTIES EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS AND CONDITIONS, AND LUMASCAPE LIGHTING EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO DISTRIBUTOR OR SUPPLIER OF LUMASCAPE HAS THE AUTHORITY TO MODIFY OR AMEND THIS LIMITED WARRANTY.

LIMITATION OF LIABILITY
The foregoing limited warranty provides the purchaser’s sole and exclusive remedy relating to Lumascape products. The total liability of Lumascape on any and all claims of any kind, whether in contract, warranty, tort (including negligence), strict liability or otherwise, arising out of or in connection with, or resulting from, Lumascape performance or breach of the foregoing limited warranty or from Lumascape sale, delivery, repair, or replacement of any products, or the furnishing of any services, shall in no event exceed the purchase price allocable to the specific product which gives rise to the claim, and any and all such liability shall terminate upon the expiration of the limited warranty set forth above.

IN NO EVENT SHALL LUMASCAPE BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER AS THE RESULT OF BREACH OF CONTRACT, WARRANTY, AND TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY).

LED MODULE AND DRIVER WARRANTY
Lumascape Inc. warrants to the original purchaser, with proof of purchase, LED lighting modules powered by integral drivers, and drivers integral to the product to be free from defects in material and workmanship for a period of 5 years from the date of sale. This warranty is not retrospective, and covers product sold on or after 7/23/2012. We will repair, or at our option, replace the defective components during the standard warranty period. This warranty applies only to InGaN based LED technology (i.e. excludes Red, Red Orange, Amber LEDs), and covers only the repair or replacement of the LED module/driver and at the discretion of Lumascape, and only when the product is properly handled, installed and maintained according to our instructions and in accordance with the current edition of the National Electric Code (NEC).

Repair or replacement under warranty conditions will be evaluated only after the parts/products are returned to the factory for inspection. All returns must be accompanied by an RMA.
This warranty excludes failures resulting from improper installation or abnormal operating conditions, (which includes under/over voltage, under/over current, excessive switching and excessive ambient temperatures) and field labor or service charges related to the repair or replacement of the product. For the purposes of this warranty, an LED module may be assessed as defective only if a significant number of LED’s have ceased to emit light. Lumascape Inc. reserves the right to change the warranty period without prior notice and without incurring obligation.

PLANS & SPECIFICATIONS
The term “per plans and specifications” is not acceptable to Lumascape. Lumascape only accepts orders on the condition that material will be furnished in accordance with our specification sheets or submittal drawings if any, subsequent to approval of our drawings by the proper authorities. For applicable projects Lumascape receipt of approved copies of submittal drawings, including corrections or changes thereto, shall constitute the purchaser’s approval of those drawings. Lumascape is not responsible for any plans or specifications that are not included in the approved, accepted drawings themselves.

GENERAL
Lumascape price sheets are not offers to sell, and possession of a price sheet does not entitle one to purchase. Lumascape shall not be bound to sell any products unless it shall (in its sole discretion) accept submitted purchase orders. Specifications are subject to change without notice. The compliance of our product to individual project specifications and/or local ordinance or the approval for their use is not warranted by our company. If purchaser does not pay the purchase price within the time periods set forth above, Lumascape reserves the right to assess a finance charge on any unpaid, past due balance up to the maximum legal rate. If any amount due Lumascape Lighting is collected by, or attempted to be collected by, a third party collection agent, Lumascape Lighting shall be entitled to recover all collection expenses, including attorney’s fees.

ENTIRE AGREEMENT
Except as expressly agreed in writing signed by Lumascape Lighting, the terms and conditions stated above shall constitute the entire sales agreement between Lumascape and the purchaser. Any contrary or additional terms or conditions submitted by the purchaser (other than the description of the products being ordered and the requested quantities and shipping location contained in purchaser’s purchase order) shall be deemed to be of no force or effect and are hereby rejected. Purchaser’s submission of a purchase order shall indicate purchaser’s acknowledgment of and agreement with these Terms and Conditions.

Lumascape reserves the right to change these Terms and Conditions of Sale without notice.