NYS Sales tax not included unless otherwise noted.

Acceptance:
Luxury Design NY Inc. DBA Luxury Lighting [LD] bid proposal and acceptance of client`s Purchase Order or formal email request to order are subject to these standard terms and conditions of sale, which, by acceptance of our bid proposal, shall be deemed to be part of any Purchase Order, and Which shall supersede and govern any inconsistent or conflicting Purchase Order Terms and Conditions

Quotation & specifications: Prices are firm for thirty (30) days unless otherwise specified. All quotes submitted by LD require customer approval after submittal of cut sheets. LD is not responsible for misinterpretation, Specifications & dimensions. products are subject to normal manufacturing tolerances and may change, in such case will LD notify the purchaser. purchaser will need to approve the changes. Fixture design and specification sheets may be updated and or modified as necessary. it is the purchaser’s responsibility to obtain from LD and verify the latest catalog sheets to confirm dimensions, mounting details, knockouts, holes, etc. LD will not be responsible for any costs associated with non-conformity to outdated published material.

Acceptance of Order:
Order is considered accepted upon receipt of signed proposal or purchase order and receipt of 30% deposit along with acceptance of terms for balance payment. Any cancellation thereafter may incur cancellation fees or a restock charge pending manufacturer terms.

Payment terms:
If credit is extended to client by LD finance department then terms shall be as follows: terms of discount and payment are net 30 unless otherwise specified. Any open balance remaining unpaid 30 days or more shall be subject to a finance charge; of the lesser of: [a] 24.5% per annum or [b] the highest lawful interest rate chargeable at the time the invoice is issued. Purchaser agrees to pay all reasonable costs allowed by law, and all expenses incurred by LD, in the enforcement of its rights against the Purchaser, including reasonable attorney`s fees, costs and expenses. Timely payment to LD is a material term of any purchase order and if Purchaser fails to make payment within 30 days of invoice, after 30 days’ prior written notice to Purchaser, and Purchaser`s failure to cure, LD shall be entitled to terminate the purchase order for cause. In the event of such termination, Purchaser shall be liable for all damages sustained by LD, including but not limited to non-cancelable purchase orders to manufacturers, restocking charges, goods specially manufactured but not yet delivered to the site, all invoices billed or billable through the date of termination, plus the overhead and profit on the terminated portion of the purchase order.

Custom Orders:
Should the order require any custom, special – such as Made to order Items, customer will be required to provide the full amount nonrefundable payment.

Termination:
No termination of any purchase order will be accepted unless mutually agreed upon.

Retainage:
No retainage will be permitted for regular shipments or offsite storage

Delivery:
Quoted lead times for delivery are from the manufacturer and are the manufacturer`s best estimates and are approximate. Delivery dates are not guaranteed. LD shall not be liable for missed delivery dates. LD or Manufacturer of the goods shall give notice to Purchaser of shipment and anticipated delivery date. All goods must be accepted for delivery by Purchaser or Purchaser`s agent at the jobsite or Purchaser designated alternate address within five business days from the delivery notice date. Goods that cannot be delivered and accepted by Purchaser shall be subject to storage fees and/or restocking charges if returned to manufacturer payable by Purchaser.

F.O.B Factory:
All shipments to be made of F.O.B. factory unless otherwise specified. Purchaser assumes responsibility for all merchandise upon leaving factory.

Inspection:
Inspection of all merchandise received at the job site is the responsibility of the Purchaser. Any imperfections or damage must be noted on the trucking receipt signed and countersigned. Purchaser must notify LD within 24 hours of acceptance of defective goods. Upon timely receipt of documentation, LD will assist the Purchaser in filing their claim against the manufacturer and/or shipper.

Hardware:
Mounting hardware, accessories, plaster frames, whips, lamps, are not included unless noted.

Freight:
Incoming freight charges are not included unless otherwise noted, our term “freight included” deemed to be solely for standard freights in, any special delivery such as expedited method – early AM delivery or over size shipments are always additional.

Coordination:
It is the responsibility of the Purchaser to notify LD in writing as to voltage and ceiling conditions for each item. Multi lamp ballasts are automatically used [at the option of the manufacturer] unless stated otherwise. Purchaser is on notice that, due to inherent manufacturing processes, ballasts have an industry standard failure rate on start-up of approximately 5% and that such expected failures do not constitute product defects, but constitute foreseeable waste. It is Purchaser`s obligation to take into account ballast waste when ordering and order sufficient quantities and to contract with its electrical contractors the installation cost of ballast replacement. Purchaser to furnish and verify ceiling construction, voltage, quantity, stem lengths, runs and master slave runs, release dates, ship to address and field measurements.

Insurance:
Insurance is the responsibility of the Purchaser. Purchaser understands and will purchase and maintain all required coverages. Luxury Design NY Inc. is to be named as an additional insured. All coverage shall be maintained without interruption for the duration of the project within limits of at least $1,000,000.00 per occurrence.

Product Guarantee:
LD, for itself, makes no product guarantees, express or implied. LD, for itself, specifically excludes the implied warranty of merchantability and the implied warranty of fitness for a particular purpose. All product guarantees are extended by the manufacturer; which LD agrees to pass on or have issued to Purchaser. Since the product and ceiling have been selected by others, LD makes no representation as to suitability of product for job conditions. LD will provide shop drawings to Purchaser, as necessary, Purchaser has the obligation to obtain approved shop drawings or waive approval, in a timely manner. LD will order goods from the designated manufacturers in accordance with the approved shop drawings or as stated on our quotation if approvals are waiving LD will assist the Purchaser in making claim against the manufacturer in the event that goods are deemed to be defective during the manufacturer`s warranty period. If it is determined that the goods are unsuitable as a result of Purchaser`s error in selection of product for the applicable job conditions or faulty installation by the Purchaser or its agents, then Purchaser will be responsible for the costs expended by LD on Purchaser`s behalf.

Back charges:
LD not be liable for consequential damages, delivery delay, manufacturing defects, damage upon delivery, or defective installation by Purchaser or Purchaser`s agents. No back charges are to be assessed to LD under this contract unless approved in writing prior to performance of same. Upon notification in writing of a job difficulty LD agrees to provide assistance to Purchaser within 48 hours.

Return goods:
No merchandise may be returned without prior authorization and will be refused at the loading dock if the Return Goods Authorization (RGA) Number is not clearly marked on the outside of the carton(s). An RGA Number is valid for thirty (30) days only. Material must be shipped prepaid. Refunds will be in the form of a credit toward future purchases only. No refund checks will be issued. Material must be received by LD in good condition, within three (3) months of original invoice date. There will be a deduction for freight out and the return is subject to a minimum 35% restocking fee as well as a reconditioning charge if necessary. Special orders may not be returned.

Terms and Conditions of Sale dated as of 4/17/2020 subject to change without notice.