Compensation and terms of payment

• The price of any order is determined in accordance with Lumen Warm’s list of prices or the estimate Lumen Warm sent to the Client upon receipt of a purchase order still open and current at the time the goods are shipped, unless Lumen Warm and the Client have reached a written agreement on specific terms.
• Because it is based on numerous factors, the price of goods remains subject to change without the need for a prior notice.
• The price may be subject to change in the following instances :
  1. A significant increase in the price of parts imported from Lumen Warm’s suppliers;
  2. A significant increase of custom duties;
  3. A substantial fluctuation of exchange rates.
• Deposit. Orders may be subject to a non-refundable deposit, which may amount to as much as fifty percent (50%) of the purchase price.
• Should a dispute arise in connection with the price of goods, for instance in the course of discussions between Lumen Warm and the Client, the latter acknowledges and accepts that the price indicated on the estimate issued by Lumen Warm shall prevail.
• Term of payment. Any invoice issued by Lumen Warm is to be paid by the Client within the delay mentioned on the invoice itself or on the estimate previously issued.
• Interest rate. The Client acknowledges that any and all invoices issued by Lumen Warm bear interest at a rate of two percent (2%) per month or twenty-four percent (24%) per year, as from the due date stated on the document.
• As a supplier of materials, Lumen Warm may register a legal construction mortgage against any property to which goods have been reserved or incorporated.

Lumen Warm may also publish, within any relevant public registry, a reserve of title clause in regards to any goods duly delivered to the Client but not yet paid in full, until final payment is received.

•  Lumen Warm may correct and reissue any invoice which contains erroneous or incomplete information.
• Benefit of the term. Should an invoice be left unpaid ninety (90) days after it has been issued, Lumen Warm may, without prior notice, close the Client’s account and claim all amounts still due.
• Cancellation / Penalty. The Client hereby commits to never cancel orders at an inopportune time. Should any order be cancelled within 90 days of the date set for its delivery, Lumen Warm shall be authorized to keep the deposit paid by the Client (or a portion of said deposit), or to claim from the Client a penalty of up to fifty percent (50%) of the agreed purchase price.

Terms and conditions of delivery

• Client’s liability. All deliveries of goods are to be performed at the Client’s sole expense and liability. In no circumstances whatsoever shall Lumen Warm ever be held liable for losses or damages caused in the course of transportation.
• Delayed delivery. The date agreed upon for a delivery is set for convenience only and never guaranteed. In no circumstances whatsoever shall Lumen Warm ever be held liable for a delivery delayed by occurrences it cannot control, such as (for instance) stock shortages, breakdowns, accidents, fires, or any other situation neither Lumen Warm or its suppliers can foresee or prevent.
• Quantity ordered. The Client hereby acknowledges that it is entirely and solely responsible for the quantities of goods it orders. In no circumstances whatsoever shall Lumen Warm or any of its agents be held liable for quantity estimates performed in order to assist the Client, or for the consequences of a faulty estimate or miscalculation.
• All goods to be delivered by Lumen Warm shall be deemed to be of good quality and in the amount indicated in the order placed by the Client.
• Any and all claims related to the quality or quantity of delivered goods must be brought to the immediate attention of Lumen Warm, at the moment the Client signs the delivery note.
• All returns of goods must be pre-approved by Lumen Warm, who shall issue a return voucher only if the provisions of this section are complied with.
  • Delay. Following the delivery of any goods, the Client has ten (10) days to request a return to Lumen Warm and support their claim. Lumen Warm, for its part, has fifteen (15) business days to accept or reject the Client’s request for return. Should a return be authorized, the Client shall return the goods to Lumen Warm within the delay agreed upon, failing which the Client will be deemed to have forfeited its right to return the goods.
  • Damage caused by installation. No return shall ever be authorized in regards to goods which have been in any way damaged in the course of their installation.
  • Installation fees. In no circumstances whatsoever will Lumen Warm ever refund fees incurred by the Client in order to install goods that are subsequently returned.
  • Lumen Warm reserves its right to refuse any return of any kind, at its sole and absolute discretion.
• A penalty of at least twenty-five percent (25%) of the purchase price shall be applied to any and all returns of goods authorized by Lumen Warm, provided that said goods were delivered to the Client in good condition.

Limited 3 or 5 years warranty

This limited warranty (hereinafter, the “Warranty”) is provided by the Lumen Warm corporation (hereinafter, the “Seller”) to the first buyer of an LED lighting product (hereinafter, “You”), as identified on the invoice issued by the Seller at the time of the initial transaction (hereinafter, the “Product”).

1. The Warranty cannot be assigned or otherwise transferred by the initial end user.
2. The Seller guarantees that the Product, provided it was delivered brand new in its original packaging, will be free of any and all material and manufacturing defects during the three (3) or five (5) years following the date of initial purchase, as specified in the Product’s technical data sheet.
3. The Seller shall determine, at its sole and absolute discretion, whether or not the Product is indeed defective, based on its overall performance so far.
4. Should the Seller determine that the Product is indeed defective, it shall, again at its sole and absolute discretion, refund You the purchase price, repair the Product, or replace it.
5. This Warranty in no way applies to losses or damages caused by any of the following : negligence, abuse, misuse, improper handling, faulty installation, inadequate storage or maintenance, fire, natural disasters, vandalism, public disturbances, electrical power surges, failures, or fluctuations, corrosion, induced vibrations, harmonic oscillation or resonance due to the passage of air on or around the Product, alterations, accidents, or a failure to follow applicable electrical standards or the instructions You have issued in connection with installation, use, maintenance, or the environment.
6. The Warranty does not cover the cost of labour or services provided on site while the Product is being repaired or replaced.
7. The Warranty will not apply in instances where the Product has been used in ways that do not comply with its intended purposes.
8. This Warranty, as well as any and all legal warranties provided for by the laws of Québec, are the only warranties You can invoke in connection with the Product.
9. When it comes to a defective Product, the Seller’s liability is limited to the amounts paid in order to purchase said Product.
10. In the course of repairs or replacements performed under this Warranty, the Seller reserves its right to use new, rebuilt, repaired, or refurbished products and parts, which shall prove similar to the original products or parts in terms of functionality and performance, and shall be covered by this Warranty for the remainder of its initial term.
11. In order to file a claim, You must notify the Seller in writing within sixty (60) days of the discovery of a defect, provide a valid proof of purchase, and comply with the Seller’s requirements as they are described in this document. Upon receipt of a written notice, the Seller may require that the Product be returned (freight prepaid) in the shortest possible delays, either to the Seller itself or to its authorized service provider.
12. This Warranty applies only to LED products offered and sold by the Seller, and only covers products sold after the effective date specified at the bottom of this page. The Seller may amend or otherwise modify the parameters of this Warranty from time to time. Any amendment or modification of this Warranty shall apply to all orders placed with the Seller as from the effective date of the amended or modified version of the Warranty.
13. Should they have any questions to ask or claims to file in the context of this Warranty, the end user must enquire first with the buyer, not the Seller.

All claims must be made in writing and notified to one of the following addresses:

info@lumenwarm.com

or

Lumen Warm Inc.
155 Fortin Street, Suite 180
Québec (Québec)
G1M 3M2 Canada

Date of entry into force : October 2018

Intellectual property

• Protected rights. Lumen Warm retains, at all times, all intellectual property rights related to the products it sells.
  • The only right granted by Lumen Warm to the Client is the right to use and sell its products in their original form. Hence, the Client hereby commits, without any reservation, to never violate Lumen Warm’s intellectual property rights, including by copying, modifying, or adapting, in whole or in part and in the prospect of reselling it, any product sold by Lumen Warm.
• Penalty. Should the Client ever breach the commitment described in section 21, it shall pay Lumen Warm, upon demand, a penalty set at fifty thousand dollars ($50,000).
  • The Client expressly acknowledges that payment of the penalty mentioned above would be justified in the context of past actions, and would not in any way prevent Lumen Warm from protecting or enforcing its rights in the future, whether it be by way of an injunction or any other judicial remedy.

Last update : January 2020