Clientele – Businesses
1. Conditions of exclusivity
All orders, whether through the catalog or otherwise, will be governed by the following terms and conditions. These terms and conditions shall constitute the entire agreement between the purchaser of the goods (hereinafter referred to as the “Purchaser”) and Lux Lighting Solutions Inc. (hereinafter referred to as the “Seller”) and supersede all prior or contemporaneous oral and written statements of any nature whatsoever made by the parties and their representatives. All terms and conditions herein are subject to change without notice from the Seller. A copy of the current terms and conditions is available upon request.
Buyer’s orders do not constitute contracts of sale unless accepted in writing by an agent authorized by Seller from its principal office in Levis, Quebec. Seller’s acceptance is expressly subject to Buyer’s assent to the terms and conditions contained in this Agreement. Any additional, different or conflicting terms and conditions that may appear on Buyer’s purchase order or elsewhere are hereby void and shall not be binding on Seller unless specifically agreed in writing, signed at Seller’s principal office by an agent duly authorized by Seller, in a document expressly referring to this Agreement and specifically stating that it “modifies” this Agreement. Buyer shall notify Seller in writing, as soon as possible after receipt of Seller’s acceptance of Buyer’s order, of any objection to the terms of this Agreement. Buyer’s failure to notify Seller of any objection shall be conclusive evidence of Buyer’s consent and acceptance of all the terms and conditions set forth herein. Buyer expressly agrees to the terms and conditions set forth herein at the exact time that Seller commences performance of any purchase order requiring Seller to commence performance prior to Buyer’s receipt of Seller’s written certification.
Any order from the Buyer must be notified to the Seller by e-mail, by computer system or via the web, and will be accompanied by a Purchase order (PO) number. Cancellation of orders by Buyer for all products is subject to an administration fee to cover the cost of initial processing or fulfillment of the order. Orders for so-called “special order” products or orders for custom products cannot be cancelled or may be cancelled in some cases for a fee.
Seller has the right to change, without notice, any prices or specifications contained in its catalog or any other writing that does not expressly prohibit such changes. Buyer agrees to pay for all samples.
Any applicable federal or provincial taxes or charges related to the sale or shipment of the products covered by this Agreement shall be added to the price and paid by Buyer. Buyer agrees to release Seller from any such taxes, including interest and penalties, and any related expenses.
6. Shipping, Delivery and Pick-up
Unless otherwise specified, all prices are FOB to the Seller’s warehouse, depending on where the products are shipped. The decision as to the place of shipment is solely within the Seller’s control. Any order placed for pickup by a carrier other than our own has 15 business days after the invoice date to be picked up. If the goods are not picked up by the Buyer within 15 business days, the order may be cancelled without notice from the Seller to the Buyer.
7. Credit terms and conditions
All sales are considered payable upon receipt, upon hand-delivery or before shipment. Business customers may benefit from payment terms, the usual terms being net, thirty (30) days from the date of Seller’s invoice, or with a 1.5% discount when payment is received within 10 days of invoice. Failure to receive payment within the prescribed time may result in rejection of the discount. A late payment charge of two percent (2.0%) per month (but not exceeding the legal maximum) will be added to all unpaid amounts. Buyer shall be responsible for reasonable attorney’s fees, costs and expenses incurred in the repayment of unpaid amounts. Buyer shall have no right of set-off. The first order is always payable upon receipt.
8. Shipping and Delivery
Shipment and delivery of all products must at all times be subject to approval by Seller’s credit department. Seller may at any time require prepayment or security to be provided by Seller.Prior to credit approval, orders will be shipped only on a prepayment basis. The Buyer will be required to submit a completed credit application with the second order to expedite credit approval. In addition to, and without limitation to, Seller’s existing rights and remedies, Seller reserves the right to withhold further deliveries or terminate this or any contract with Buyer if Buyer fails to comply with the terms of this or any other Agreement. Upon expiration of this Agreement for Seller, all amounts outstanding to Seller from Buyer shall become immediately due and payable.
9. Buyer’s Agreement to Defend
Buyer agrees to defend, indemnify, and hold Seller harmless from and against any and all legal or equitable actions and costs of actions, court costs, expenses, damages, claims and demands arising out of or in respect of any products: (a) sold or supplied to Buyer by Seller which are not operated and maintained in accordance with recommended procedures; or (b) sold or supplied to Buyer by Seller to meet Buyer’s specifications, requirements and instructions.
10. Reporting an Accident or Defect
Buyer shall notify Seller as soon as possible, within thirty (30) days, of any event related to an accident or defect involving products manufactured or sold by Seller. Buyer agrees to protect, defend and hold Seller harmless (as provided in Section 9) in the event that Buyer fails to notify Seller and cooperate.
Unless otherwise specified, the manufacturer’s warranty applies. The Seller may act as a facilitator in the exchanges between the manufacturer and the Buyer in order to accelerate the claim process. In no event shall Seller make any claim in favor of Buyer against Supplier if the products have been tampered with or have not been properly installed and used for the use or uses described by the manufacturer.
12. Limitation of Remedies
Seller’s obligations under the above warranties (contained in Section 11) shall be determined by Seller’s receipt of notice from Buyer of the alleged defect within one (1) year from the date of shipment and that the allegedly defective products are in fact defective upon inspection by Seller. Seller shall not be responsible for any labor or other expenses incurred by Buyer in removing, repairing, or replacing the products or any allegedly defective components, nor shall Seller be responsible for any expenses incurred by Buyer in repairing any defect. Seller shall not be liable for any consequential, special or contingent damages or expenses resulting directly or indirectly from any defect in the products, or resulting from Buyer’s use or inability to use such products. Seller’s performance of Seller’s warranty obligation hereunder shall constitute fulfillment of all of Seller’s obligations to Buyer, whether under contract, negligence or otherwise. The remedies set forth herein shall be Buyer’s sole and exclusive remedies and shall be in lieu of all other remedies, and Seller’s liability, whether in contract, tort, warranty or otherwise, shall not exceed the price of the products sold or supplied by Seller. Any suit or action arising out of or relating to this Agreement, or the breach thereof, must be brought within one (1) year after the cause of action arises. The foregoing shall not limit the time within which any suit or action must be commenced to recover any amount agreed to be paid by Buyer or to enforce any judgment or to recover any amount awarded to Seller. The sole purpose of the sole remedy stipulated is to provide Buyer with credit, replacement or repair, for defective parts, in the manner described herein. This exclusive remedy shall not be deemed to have failed in its essential purpose provided Seller is prepared to credit Buyer’s account, repair, or replace the defective part(s) as described herein.
13. Missing Products
Buyer must notify Seller if any item(s) are missing from the order within ten (10) days from the date of receipt. Any claim not filed within this period shall be conclusively deemed waived by Buyer.
Buyer must receive a Returned Materials Authorization (RMA) before returning products. To be eligible, Buyer must request a Return Material Authorization (RMA) form within thirty (30) days of the shipping date. Seller will not issue a Return Material Authorization (RMA) form for special order products, non-stocked products, obsolete or custom-made products. All products returned to Seller must be in original packaging, unmodified or unaltered, in saleable condition, and must be inspected prior to Seller issuing credit.
15. Handling Fees for Returns
Unless otherwise agreed, Buyer may be subject to a handling charge of not less than twenty-five dollars ($25) and not more than twenty-five percent (25%) of the sale price of the returned products. Defective products, as verified upon inspection, are not subject to a handling fee.
The Seller shall not be liable for any damage to the products during shipment. Buyer is responsible for filing any damage claims with the freight carriers and is subject to the rules of the freight carriers regarding the timing and processing of claims.
17. Defects or delays
Seller shall not be liable for any defect or delay in the production or delivery of all or any part of the products which may result directly or indirectly from (a) accidents, breakdowns, or mechanical failures in Seller’s plant, machinery or equipment; strikes or other labor disputes; labor shortages; fire; floods; wars; acts of the public enemy; acts of God; delays by suppliers; transportation delays or lack of transportation equipment; embargoes; shortages or reductions in energy sources; priorities, allowances, limitations, restrictions, or other measures required or requested by federal, provincial or local governments, or any subdivision, administrative quota or agency thereof; or (b) any cause beyond Seller’s control. In no event shall Seller be liable for any consequential, special, or contingent damages arising out of any failure or delay in the performance of Buyer’s order.
18. Applicable Law
Buyer and Seller shall perform all orders under the laws of the Province of Quebec and the rights of all parties, and the adoption and continuance of any provision of this Agreement shall be subject to and enacted in accordance with the laws of the Province of Quebec.
19. Binding Effect
The provisions of any judgment shall be binding upon and shall benefit Seller and Buyer and their respective successors and permitted assigns. However, neither this Agreement nor any part or right hereunder may be assigned by Buyer without Seller’s prior written consent.
The right of either party to require performance by the other party of any or all of the terms and conditions set forth in this Agreement shall in no way be affected or diminished by any prior waiver, forbearance, or business dealings.
To the extent possible, each of the provisions of this Agreement shall be construed so as to be enforceable and valid under applicable law. However, if any provision of the Agreement is prohibited or invalid under applicable law, such provision shall be deemed deleted and the remaining provisions of the Agreement shall continue in full force and effect. The headings in the sections of this Agreement are provided for convenience only and cannot influence the construction and interpretation of any of its provisions.
Clientele – Individuals
Should you receive a defective product, we invite you to contact us at email@example.com for more information. Discuss or present yourself directly in store with the product. We will then contact the manufacturer of the product and will take the necessary steps to replace or repair the product in accordance with the manufacturer’s warranty conditions.
If you are not satisfied with the product you have purchased, we invite you to contact us at firstname.lastname@example.org to discuss it or to introduce you directly in store. Lux Lighting Solutions Inc. reserves the right to exchange the good, to issue a credit to the customer or to refuse the return, depending on the situation, at its sole discretion.
For all returns or exchanges, you will need the following items:
Invoice of your purchase
For online orders, consult your online account or write at email@example.com to request a copy.
Original method of payment
If you paid with a debit or credit card, the return amount will be put on the same card. A delay of 5 to 7 days following receipt of the goods may be necessary to make the refund.
If you have paid in cash, check or bank transfer, the refund will be made in cash or cheque depending on the size of the amount. A delay of 5 to 7 days following the receipt of the merchandise may be necessary to make the refund.
The original packaging and all items included by the manufacturer or Lux Lighting Solutions Inc. (including all manuals, accessories and gifts with purchase, as well as all other items included or bonus items).
Documents mentioning the conditions of exchange or refund: All returns of goods by mail must be accompanied by a Return Merchandise Authorization (RMA) form which will be forwarded to you when you call customer service. This document is necessary to proceed with the evaluation of the return.
Your name, address, phone number and signature: Valid photo identification may be required to confirm this information.
Important : In the event that an item is missing from a returned order, the returned order will be refused or the value of the missing items, including gifts with purchase or other included or bonus items (e.g., a gift card) will be deducted from the total amount of the credit.
Delivery costs: The costs and risks inherent to the returned products are the responsibility of the buyer. Packages must be returned through a transportation company that guarantees the risk of loss and damage. Packages shipped must have sufficient postage. When we return the exchanged product to you, the delivery charges will be free of charge.
Exception: If Lux Lighting Solutions Inc. did not initially deliver the products you ordered or delivered to you damaged or defective products, the delivery charges for returned products or replacement products will be free of charge.