Product Warranty Terms and Conditions
Summary of Warranty by Product Type
Lumascape will guarantee the following product groups from the date of purchase against faulty workmanship or materials as stated below and subject to the Terms and Conditions following.
|Type of Luminaires||Structural Warranty||Electrical Warranty
|Stainless Steel Inground,
|10 years||5 years||1 year|
|Stainless Steel Underwater||5 years||5 years||1 year|
|Brass Inground||5 years||5 years||1 year|
|Brass Wallmount||5 years||5 years||1 year|
|Copper Wallmount||10 years||5 years||1 year|
|Aluminium Wallmount||5 years||5 years||1 year|
All warranty is voided if the product is modified without the express written approval by Lumascape. 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 unless prior written authorization 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, lamps, third-party LED drivers or power supplies found to be in warranty should be made directly to the 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, ballasts LED drivers and power supplies. Any such costs are the responsibility of and must be authorized by the component 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 PURPOSE. NO DISTRIBUTOR OR SUPPLIER OF LUMASCAPE HAS THE AUTHORITY TO MODIFY OR AMEND THIS LIMITED WARRANTY.
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).
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. All
returns must be accompanied by an RMA. No warranty is given in respect of any glass or lens
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 applications or installations 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. 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, 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 Clause 6 will apply if the Purchaser establishes that reliance on it would not be fair and reasonable.
7. 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 labor or transportation charges. The entire risk as to the use and performance of
the product is assumed by the Purchaser.
8. 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.
9. All installations shall be performed in accordance with the local, state and country electrical code. Appropriate regulatory authorities should be consulted where required.
10. 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.
11. 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.
12. 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.
13. 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.
14. Lamp wattage and matching replacement parts must be respected throughout the product life.
15. There is no warranty offered on lamps other than the lamp manufacturer’s warranty if any.
16. Lumascape accepts no responsibility for damage to any ancillary equipment or inconvenience caused by the failure of our products.
17. Lumascape reserves the right to alter fittings or specifications at any time.
18. The use of high-pressure water cleaners, corrosive cleaning agents, and harsh abrasives, may damage the function and/or appearance of luminaires. The use of these types of cleaning methods may void warranty.
19. High voltage insulation tests (megger) will permanently damage driver electrical components and will void warranty.
20. This warranty excludes failures resulting from improper installation or abnormal operating conditions including but not limited to under/over voltage, under/over current, excessive switching and excessive ambient temperatures.
21. 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.
22. Lumascape reserves the right to change the warranty period without prior notice and without incurring obligation.
The Lumascape Website supersedes any catalogue and any other written or communicated product information. This includes references to packaging, brochure information and other forms of digital or written communication. All prices are subject to change without notification. Any lighting products suggested by Lumascape for installation are recommendations only regardless of the circumstances of the recommendation. The responsibility for any compliance to required lighting levels or energy standards and codes rests solely with a certified Lighting Engineer or Lighting Practitioner appointed by others.
All Lumascape luminaires are intended for use as architectural accent lighting and their use as part of public or workplace lighting designs requires certification and design by others to ensure compliance to the relevant lighting standards. Under no circumstances does Lumascape accept responsibility for such certification.
Lumascape Terms and Conditions of Sale
Plans and 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’s 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.
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 Lumascape. If the purchaser does not pay the purchase price within the time periods set forth, 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 to Lumascape is collected by or attempted to be collected by a third-party collection agent, Lumascape shall be entitled to recover all collection expenses, including attorney’s fees.
Except as expressly agreed in writing signed by Lumascape, 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 an agreement of these Terms and Conditions.
Lumascape reserves the right to change these Terms and Conditions of Sale without notice.