Terms of service
These Terms and Conditions (Terms) apply to any quotation (Quote) provided by Light Logic (we, us, our) to you, the client (you, your), and govern the supply of equipment and provision of programming services (Works) upon your acceptance of the Quote.
1. Quote & Acceptance
1.1. Validity: This Quote is valid for a period of 30 days from the date of issue. We reserve the right to withdraw or amend the Quote at any time prior to its acceptance.
1.2. Scope of Works: The Quote covers the supply of the specified light control equipment and the programming/commissioning of that equipment only. A detailed breakdown is included in the attached Quote.
1.3. Exclusions: For the avoidance of doubt, the Works explicitly exclude:
• The physical installation, mounting, or wiring of any equipment.
• Any electrical works, including running cables and terminations.
• The repair of equipment damaged by third parties during or after installation.
• Integration with third-party systems not explicitly specified in the Quote.
1.4. Acceptance: Your written confirmation of this Quote (digital is acceptable) constitutes a binding agreement and signifies your full acceptance of these Terms.
2. Payment Terms
2.1. Pricing: All prices are in Australian Dollars (AUD) and are exclusive of GST, unless otherwise stated.
2.2. Payment Schedule:
• 50% of the total quoted price upon delivery of equipment to site, prior to programming commencing.
• Final balance due upon completion of programming, payable within 14 days of the final invoice date.
2.3. Title of Goods: Legal title and ownership of any equipment supplied will not pass to you until all payments under this agreement have been received by us in full. We reserve the right to enter the site to reclaim any unpaid equipment.
2.4. Late Payments: Invoices not paid by the due date will incur a late payment fee of 2% per month on the outstanding amount. We reserve the right to suspend all work, including programming support, until the account is settled.
3. Installation & Site Readiness (Client Responsibility)
3.1. Responsibility: You are solely responsible for arranging and bearing the cost of the physical installation of all equipment.
3.2. Qualified Installer: All installation and electrical work must be performed by a suitably qualified and licensed electrician in accordance with all Australian standards, manufacturer's instructions, and any plans provided by us.
3.3. Site Readiness: You must ensure the installation is complete, correct, and the system is fully powered before our scheduled date for programming and commissioning.
3.4. Aborted Visits: If we attend the site on a scheduled date and are unable to perform the programming due to incorrect installation, lack of power, or other site access/readiness issues, a call-out fee of $150 plus travel time will be charged. A new date for programming will be scheduled upon payment of this fee.
4. Variations & Changes
4.1. Request in Writing: Any request for changes to the equipment list or programming logic (Variation) must be made in writing.
4.2. Additional Costs: Variations may incur additional costs for hardware, programming time, or restocking fees for returned goods. We will provide a quote.
5. Cancellation & Termination
5.1. Cancellation by You: If you cancel this agreement after acceptance, you agree to forfeit the deposit. You will also be liable for the full cost of any equipment that has been ordered or delivered, plus a 20% restocking fee for any items we are able to return to our suppliers.
6. Warranty
6.1. Goods Warranty: We are a supplier, not a manufacturer. We will pass on the full benefit of the manufacturer's warranty for the equipment supplied. Our responsibility is limited to facilitating warranty claims between you and the manufacturer. This warranty does not cover damage caused by incorrect installation, misuse, or electrical surges.
6.2. Service Warranty: We provide a 90-day warranty on our programming services from the date of practical completion. This covers any bugs or errors in our programming logic. This warranty is void if the system's programming is altered, accessed, or modified by any party other than us without our prior written consent.
7. Intellectual Property
7.1. Ownership: We retain all intellectual property rights in the software, configuration files, and programming logic (Programming IP) created for your system.
7.2. License to Use: Upon receipt of full and final payment, we grant you a non-exclusive, perpetual license to use the Programming IP for the sole purpose of operating the lighting control system at the specified installation address.
7.3. Source Files: The provision of native/source programming files is not included in this Quote and is not required for the system's operation. These files can be made available under a separate agreement at an additional cost.
8. Liability & Indemnity
8.1. Australian Consumer Law: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.
8.2. Limitation of Liability: To the maximum extent permitted by law, we are not liable for any faults, damages, losses, or costs arising from or connected to:
(a) Incorrect, faulty, or non-compliant installation of the equipment by your third-party contractor.
(b) The actions or negligence of any other trade or person on the site.
(c) Electrical surges, power failures, or other external factors beyond our control.
8.3. Consequential Loss: We are not liable for any indirect, consequential, or economic loss, including loss of profit or business opportunities. Our total liability is limited to the total fees paid by you under this agreement.
9. General
9.1. Governing Law: This agreement is governed by the laws of Western Australia, Australia.
9.2. Severability: If any provision of these Terms is found to be invalid, that provision will be severed, and the remaining provisions will continue in full force.