Terms & Conditions

1. Definition

L A Lounge: Refers to L A Lounge Pty Ltd (ABN 26 136 496 681 ACN 136 496 681), the supplier of lighting design services and lighting related goods.

The Client: The customer of L A Lounge who instructs, requests, receives information from, purchases from, and/or receives goods and services from L A Lounge.

Authorised Person: Someone nominated by the Client to act on their behalf regarding decision making and approvals in their relationship with L A Lounge.

Nominated Date: A date advised by an Authorised Person as the best estimate for when their project will require delivery of lights and lighting accessories.

Lighting Design Service: Typically includes a collection of documents such as a schematic layout of light points and lighting legend, a specification of products to be used (potentially including electrical information), and meetings between L A Lounge and an Authorised Person to explain the design.

Lighting Products and Lighting related Goods: Items supplied for lighting installations including LED drivers, luminaires and associated accessories and lighting documents.

2. Outline of Services

L A Lounge provides a lighting design service and/or supply of product.

The service includes co-ordination with other parties involved in the project.

For Automated projects, L A Lounge can provide switching/dimming recommendations upon request.

L A Lounge does not usually specify the location of switches but does make recommendations for switched circuits.

3. Quotes

Quotes are valid for 30 days from the issue date.

Prices cannot be locked in until receipt of a product deposit.

Requests for variations or revisions to Lighting Design Service deliverables can only be accepted if made by an Authorised Person.

Requests for variations will be confirmed in writing and must be approved by an Authorised Person.

4. Payment Schedule

A Fee Proposal for the project will be produced, requiring approval, signature, and payment before work commences.

The Fee Proposal is a fixed price based on an hourly estimate for the project design and includes two design revisions.

Additional revisions beyond the initial two incur an hourly design charge of $150.00 per hour.

Once the proposed Lighting Design Service is provided and the design and quote are accepted, a 50% deposit is required to initiate the order process.

This deposit covers the costs of ordering and delivering items needed early in the building process and allows for a further three (3) non-chargeable changes to the Lighting Design Service deliverables.

Full payment of the accepted quote is required prior to delivery of the lighting products.

In cases where L A Lounge has provided drawings and conducted site visits without upfront fees, L A Lounge reserves the right to levy fees upon project completion to cover associated costs.

5. Variations

Changes in preferences by the Authorised Person may necessitate a change in price.

Unanticipated building constraints might require a different product than originally selected.

Price variations may occur due to product substitution resulting from discontinuation of selected items.

Supplier price increases may also lead to price variations.

Clerical errors or omissions, including computer or system errors resulting in incorrect pricing, codes, descriptions, or specifications, are subject to correction.

6. Payment Terms

No deliveries will be made without prior payment in full.

Goods cannot be released from the warehouse without full payment of the balance owing.

Accepted payment methods include Direct Deposit into L A Lounge's bank account, Mastercard, Visa, and AMEX.

L A Lounge Bank Account Details should be confirmed with a member of L A Lounge staff prior to the customer making a Direct Deposit. Payments made to the wrong bank account and not received by L A Lounge will not be honoured.

The purchaser must pay GST at the same time and on the same basis as they pay the price.

Title to the goods does not pass to the Customer until paid in full.

7. Product Returns, Deposits & Cancellations

If a deposit for an order has been approved and paid, that deposit is non-refundable. A credit may be approved at L A Lounge's discretion. (Note: This non-refundable policy applies to change of mind or cancellation but does not override consumer rights regarding faulty goods under the ACL33, refer to Warranties section).

If goods have been delivered, the following returns procedure applies:

• Lights must be in a resaleable condition, meaning in the original box, undamaged, in new condition, and must not have been installed.

• A restocking fee may apply depending on the individual supplier.

• The Customer must bear all costs of transporting products back to L A Lounge's premises or another specified location. (Note: Consumer guarantees under the ACL33 provide different rights if goods are faulty, refer to Warranties section).

• L A Lounge must be notified in writing of any damaged or missing goods within 10 days of receipt of delivery. No claims for short delivery will be accepted after this time. Failure to notify within the given timeframe will negate any claim against L A Lounge. It is the purchaser’s responsibility to ensure that the delivery corresponds with the courier consignment note. Replacement or refund after this time is at L A Lounge's discretion.

Light globes that leave the warehouse undamaged and in working condition but fail after use or installation are not deemed damaged products and are not covered under warranty unless at L A Lounge's discretion.

No order may be cancelled except with written consent and on terms that will indemnify the Seller against all losses.

In the event of cancellation, L A Lounge has discretion to charge a fair compensation rate for time, documentation, lighting design, specification, and materials incurred.

8. Delivery and Storage

A delivery fee applies to the Sydney Metropolitan area and outside of Metropolitan Sydney.

L A Lounge reserves the right to charge a storage fee for product stored for excessive periods in their warehouse.

The risk of loss or damage to goods is transferred from LA Lounge to the purchaser upon delivery.

If the purchaser authorises goods to be delivered to or left in an unattended location, they acknowledge sole risk for these goods.

Delivery times are estimates only and cannot be guaranteed. L A Lounge is not accountable for loss or damage incurred as a result of late deliveries.

Delivery cannot be made to post office boxes or delivery lockers.

9. Warranties
(Note: This section must be read subject to non-excludable consumer guarantees under the ACL33):

Manufacturer's warranty terms and conditions vary and may not cover electrical installation.

Manufacturer's warranties do not cover accidental breakages or product damage due to incorrect installation or wiring.

Manufacturer's warranty terms and conditions vary and may not cover electrical installation.

L A lounge products are covered under the attached Warranty Schedule.

In no event shall L A Lounge be responsible for removal or reinstallation of any product or for the expenses thereof.

Warranties do not apply to products subjected to misuse, neglect, accident, abuse, operating or environmental conditions outside specified parameters, or that have been improperly installed, stored, maintained, repaired, or altered by anyone other than L A Lounge.

Warranties are given only to the original purchaser and may not be assigned or transferred.

It is the purchaser's obligation to retain documentation indicating the date of purchase.

L A Lounge will not be liable for freight charges of any products needing to be returned for credit or warranty purposes.

L A Lounge reserves the right to request faulty products and components be returned for inspection and testing.

To the maximum extent permitted by law, any replaced products are covered only by the balance of the Warranty period remaining from the date of purchase of the original product, not from the date of replacement.

Where leads are pre-installed on a driver provided by L A Lounge, it is the sole responsibility of the electrical contractor to thoroughly inspect and verify the safety and compliance with relevant codes of all leads on-site before installation.

Important Note on ACL: Goods manufactured come with guarantees that cannot be excluded under the Australian Consumer Law. These terms do not exclude, restrict, or modify any condition, warranty, guarantee, right, or remedy implied by law (including the ACL) which cannot by law be excluded, restricted, or modified. Nothing in these terms is intended to limit the customer's rights in relation to faulty goods under the ACL, which may include rights to repair, replacement, or refund depending on whether the failure is major or minor.

10. Limited Replacement Warranty

In addition to the warranty terms set out in section 9 and the attached warranty schedule, the following will apply. Where a customer has asserted that an L A Lounge product is faulty, and an L A Lounge service agent has attended the property, a service call fee will be charged to the consumer if:

• There is nothing wrong with the product to the extent that the failure is not a failure to perform in accordance with it’s published features and specifications as determined by L A Lounge.

• The installation was not performed in accordance with AS3000 and conducted by a licensed and in accordance with L A Lounge product installation instruction.

• The defect has been caused by incorrect usage by the consumer

11. Intellectual Property and Copyright

The copyright of all design work remains the intellectual property of L A Lounge.

On full payment of the Fee Proposal, LA Lounge grants the Client a non-exclusive licence for the deliverables.

The unauthorised copying and distribution of the deliverables is not permitted, as the copyright of the design is LA Lounge's intellectual property.

Limitation of Liability (Note: This section is subject to non-excludable consumer guarantees under the ACL33):

L A Lounge will not be liable for any loss or damage incurred by the Customer or End User for goods damaged as a result of negligence, alteration, accident, use of the Goods in a way which is not in compliance with Relevant Standards, use for an unintended purpose, or as a result of improper fitting, repair, or replacement.

The liability of LA Lounge in respect of faulty materials or workmanship shall, at L A Lounge's option, be limited to one of the following: The replacement of the Goods or the repair of the Goods.

L A Lounge will not be liable for any special, indirect, or consequential damage arising out of the supply of the Goods.

If a claim is made under warranty, L A Lounge will not accept claims for costs, charges, or expenses incurred by the Customer or End User in relation to replacement or repair of the Goods.

Except for any warranties and conditions which cannot be excluded under any Act, all warranties and conditions implied by common law, statute, or trade usage are excluded to the full extent legally permissible.

Nothing in this section is intended to exclude, restrict, or modify rights or remedies that cannot be lawfully excluded, restricted, or modified under the Australian Consumer Law. Liability for goods not ordinarily acquired for personal, domestic, or household use may be limited to the extent permitted by law, such as under section 64A of the Competition and Consumer Act 2010.

12. Title and Risk

Title to the Goods does not pass to the Customer until they have paid in full, and

L A Lounge has been paid for all other monies then owing by the Customer.

The Goods are at the risk of the customer as soon as they have been delivered to or into custody of the Customer or the Customer's agent.

Until property in the Goods passes to the Customer, the Goods are merely entrusted to the Customer as a fiduciary, and L A Lounge remains the legal and beneficial owner with full power to resell and regain possession if the Customer defaults in payment.

If the Customer defaults in payment, L A Lounge may, with fair notice, employ a collection agency. The customer agrees to cover the collection fees.

The Customer agrees to indemnify L A Lounge against all costs, losses, and expenses (including legal costs) incurred by LA Lounge, as a result of or in connection with, any default or breach of these Terms and Conditions.

If the Customer receives any proceeds from the sale of the Goods from any other party, the Customer receives those proceeds on trust for L A Lounge to be applied in payment of the purchase price and shall remit such sum forthwith to L A Lounge. All such payments received shall be allocated to the oldest account due.

13. Conflict with Customer's terms

If any purchase order or other trading terms of the Customer conflict with or are inconsistent with L A Lounge's terms, L A Lounge's terms and conditions of sale shall prevail.

The Customer acknowledges that sale by L A Lounge does not constitute acceptance of any conflicting or inconsistent customer conditions, even if acknowledged prior to, upon, or by delivery.

14. Non-Waiver

A waiver by L A Lounge concerning any breach or default by the Customer shall not constitute a continuing waiver of any other breach or default or of any other right or remedy.

A failure or delay by L A Lounge in exercising a right or remedy does not operate as a waiver of that right or remedy.

15. Sub-Contracting

L A Lounge reserves the right to sub-contract the production, manufacture, or supply of the whole or part of the Goods or any materials to be supplied.

16. Variation

A variation of these Terms and Conditions of Sale shall be ineffective unless it is in writing and signed by L A Lounge.

17. Jurisdiction

This agreement shall be governed by the law of New South Wales.

The parties submit all disputes to the exclusive jurisdiction of the courts of New South Wales, Australia.