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, following the parameters of section 26.
- 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 :
- A significant increase in the price of parts imported from Lumen Warm’s suppliers;
- A significant increase of custom duties;
- 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 ______ 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.
- 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 : June 2019