Terms & Conditions
- The following terms and conditions constitute the entire sales agreement between The Luminaires Group Inc (LUMINIS) (hereinafter called “LUMINIS”) and the purchaser (hereinafter called “CUSTOMER”). Any contrary conditions submitted by the CUSTOMER shall be null and void unless accepted in writing by LUMINIS.
- It is agreed that the CUSTOMER has full knowledge of the terms and conditions of sale for each transaction and has accepted them in full.
- LUMINIS reserves the right to modify, alter or discontinue any product without prior notice.
- Published material (printed or electronic) may include clerical errors; LUMINIS will not accept any responsibility resulting from printed errors.
- Quotations do not constitute a final proposal; LUMINIS may, at its convenience, review quoted prices, and reserves the right to refuse any order.
- Materials received by the CUSTOMER remain the property of LUMINIS until full payment has been executed.
- All orders are non-cancelable after release. Orders entered on hold for release are subject to a price review after 90 days. Orders entered with submittal drawings pending approval will be subject to price review if drawings are not returned and released after 90 days.
- Payment is due 30 days from date of invoice (Net 30).
- New accounts: minimum opening order of $1,500 is required.
- One week is required after credit information has been provided, to process credit.
- C.O.D. orders: payment will be required two weeks prior shipment. Deposits may be required on accounts exceeding their credit limit.
- All orders less than $500 will have a surcharge of $50.
- LUMINIS may, at its discretion, require a deposit for orders of large amounts requiring a special production run of standard products.
- If purchaser does not pay any invoice, in whole or in part, when due, LUMINIS shall assess a finance charge on any past due balance at the maximum legal rate permitted on open accounts.
- The CUSTOMER will assume all legal costs related to the collection of unpaid invoices.
FREIGHT AND TRANSPORTATION CLAIMS
- All shipments within North America are Incoterms-2010 F.C.A factory, and all shipments outside North America are Incoterms-2010 Ex-Works factory. Title passes when delivery is made to the possession of the carrier.
- Cost of freight will be assumed by LUMINIS for all orders above $5,000 (Set-up charges not included).
- CUSTOMER will assume all freight costs other than the usual method and frequency determined by LUMINIS.
- Collect or prepaid freight: LUMINIS will appoint a carrier of its choice, unless otherwise requested.
- LUMINIS will refuse to allow cost of freight to any destinations not serviced by national carriers or any other destinations where cost of freight is exceeding allowed amount determined by LUMINIS. Applicable to continental mainland only.
- CUSTOMER will be responsible for all additional costs related to goods not received when delivered by the carrier.
- LUMINIS will not assume any costs resulting from delays during transportation.
- Freight is allowed on one-shipment based on one quotation for one release.
- Claims: LUMINIS will cease responsibility upon acceptance of material by the carrier. Lost merchandise, visible or concealed damaged material must be reported by the consignee within a maximum of 10 days from date of reception. LUMINIS will cooperate but will not be responsible for lost or damaged goods in transit. LUMINIS will require full payment for shipped goods lost or damaged in transit.
- LUMINIS will not accept any responsibility resulting from uncontrollable manufacturing delays.
- Delivery dates are approximate. LUMINIS will refuse all orders showing an “On Site Date” or “Penalties for Delays”.
- Release date is established only when all pertinent information has been provided allowing for complete manufacturing. Date of purchase order or date of order released do not constitute the date of release to production.
- Changes or cancellation of any order will incur charges for work already performed and for special material purchased by LUMINIS.
- No returns will be allowed on shipped goods.
- Non-standard products (referred to as XM) are made to order in limited quantities. LUMINIS has no obligation to produce additional products.
- Non-standard products are not cancelable or returnable.
- Except as expressly agreed in writing signed by LUMINIS, the terms and conditions stated above shall constitute the entire sales agreement between LUMINIS and the CUSTOMER. Any contrary or additional terms or conditions submitted by the CUSTOMER (other than the description of the products being ordered and the requested quantities, shipping date, and shipping location contained in CUSTOMER’s purchase order) shall be deemed to be of no force or effect and are hereby rejected. CUSTOMER’s submission of a purchase order shall indicate CUSTOMER’s acknowledgment of an agreement with these terms and conditions
- These Standard Terms shall govern all sales by LUMINIS; the law applicable to sales under these Standard Terms shall be the laws in force in the Province of Quebec, and any proceedings concerning the Standard Terms and/or to the relations between the parties shall be brought exclusively before the courts of competent jurisdiction in the judicial district of Montreal.
LUMINIS reserves the right to change these Terms and Conditions of Sale without notice.