Terms & Conditions

Acceptance & Applicability

These Terms and Conditions ("Terms") govern all sales of products by LUXFORM ("Company," "we," "us," or "our") to the purchaser ("Buyer," "you," or "your"). By placing an order with LUXFORM, you acknowledge that you have read, understood, and agree to be bound by these Terms.

These Terms apply to all quotations, orders, and contracts for the sale of goods unless expressly modified in writing by an authorized representative of LUXFORM. Any additional or conflicting terms in a Buyer's purchase order or other documentation are hereby rejected unless accepted in writing by LUXFORM.

Pricing & Quotations

All prices are quoted in U.S. Dollars and are subject to change without prior notice until a formal order is accepted by LUXFORM. Quotations are valid for thirty (30) days from the date of issue unless otherwise stated in writing.

Prices do not include applicable taxes, shipping, freight, handling, insurance, or any other charges unless explicitly stated. The Buyer is responsible for all such additional costs.

• Custom or non-standard configurations may require additional pricing and lead time
• Prices are based on quantities quoted; changes in quantity may affect unit pricing
• Material surcharges may apply due to fluctuations in raw material costs

Orders & Submittals

All orders are subject to acceptance by LUXFORM. An order is not binding until LUXFORM issues a written order acknowledgment or begins production. LUXFORM reserves the right to decline any order at its sole discretion.

For projects requiring submittals, LUXFORM will provide product data sheets, photometric reports, and/or shop drawings as applicable. Production will not commence until approved submittals are returned to LUXFORM in writing. Delays in submittal approval may affect the delivery schedule.

• Buyer is responsible for verifying all specifications, quantities, and configurations prior to submittal approval
• Changes requested after submittal approval may result in additional charges and extended lead times

Payment Terms

Unless otherwise agreed in writing, payment terms are Net 30 days from the date of invoice. LUXFORM reserves the right to require prepayment, deposits, or alternative payment arrangements based on credit evaluation.

Past-due accounts are subject to a finance charge of 1.5% per month (18% per annum) or the maximum rate permitted by law, whichever is lower. The Buyer is responsible for all costs of collection, including reasonable attorney's fees, incurred by LUXFORM in the event of non-payment.

• Title to goods remains with LUXFORM until payment is received in full
• LUXFORM may suspend or cancel shipments if payments are overdue
• Credit terms are subject to periodic review and may be modified at any time

Shipping, Freight & Delivery

All shipments are FOB origin (shipping point) unless otherwise agreed in writing. Risk of loss and title transfer to the Buyer upon delivery to the carrier. LUXFORM is not liable for damage, delays, or losses occurring during transit.

Delivery dates are estimated and are not guaranteed. LUXFORM will make reasonable efforts to meet stated lead times but shall not be liable for delays caused by circumstances beyond its control, including but not limited to supply chain disruptions, carrier delays, or force majeure events.

• Buyer must inspect all shipments upon receipt and report any damage or discrepancies within five (5) business days
• Claims for shipping damage must be filed directly with the carrier
• Storage charges may apply for orders not picked up or accepted within the agreed timeframe

Quality Assurance

LUXFORM is committed to delivering products that meet or exceed published specifications. All structural steel poles are fabricated in accordance with applicable ASTM, AASHTO, and ASCE standards. Welds, finishes, and materials are inspected during production to ensure consistent quality.

Galvanization is performed in accordance with ASTM A123 standards. Powder coat finishes are applied over galvanization using AAMA 2604 or equivalent processes for maximum durability and UV resistance.

• Mill certifications and test reports are available upon request
• Third-party inspection services can be arranged at the Buyer's expense
• Minor cosmetic variations in finish color or texture are inherent to the galvanization and powder coating processes and are not considered defects

Cancellations & Returns

Orders may not be cancelled or modified once production has commenced without prior written consent from LUXFORM. Cancellation requests are subject to a restocking fee of up to 25% of the order value, plus any costs incurred by LUXFORM for materials, labor, and freight.

Custom-fabricated, made-to-order, or non-standard products are non-cancellable and non-returnable. Standard products may be returned only with prior written authorization (RMA) and are subject to restocking and inspection fees.

• Returns must be in original, unused, and undamaged condition in factory packaging
• Return shipping costs are the responsibility of the Buyer
• Credit will be issued after inspection and acceptance of returned goods

Limited Warranty

LUXFORM warrants that its products will be free from defects in materials and workmanship under normal use and service for the following periods from the date of shipment:

• Structural components (poles, shafts, base plates): Five (5) years
• Finish and paint (powder coat over galvanization): Three (3) years
• LED luminaires and drivers: Per manufacturer's published warranty

This warranty does not cover damage resulting from improper installation, misuse, neglect, unauthorized modification, exposure to corrosive or abnormal environments, acts of nature, or normal wear and tear. Warranty claims must be submitted in writing within the warranty period and include photographic documentation of the defect.

LUXFORM's sole obligation under this warranty is, at its discretion, to repair, replace, or issue credit for the defective product. This warranty is exclusive and in lieu of all other warranties, whether express, implied, or statutory, including warranties of merchantability and fitness for a particular purpose.

Limitation of Liability

To the maximum extent permitted by applicable law, LUXFORM shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, or use, arising out of or in connection with the sale, delivery, installation, or use of its products, regardless of whether such liability is based on contract, tort, negligence, strict liability, or any other legal theory.

In no event shall LUXFORM's total liability exceed the purchase price of the specific product(s) giving rise to the claim. This limitation applies regardless of whether LUXFORM has been advised of the possibility of such damages.

Force Majeure

LUXFORM shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, epidemics, war, terrorism, government actions, embargoes, sanctions, labor disputes, strikes, supply chain disruptions, raw material shortages, transportation failures, power outages, or any other event of force majeure.

In the event of a force majeure occurrence, LUXFORM will notify the Buyer as soon as reasonably practicable and will use commercially reasonable efforts to resume performance. Delivery dates will be extended by a period equal to the duration of the delay.

Governing Law

These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is expressly excluded.

Any legal action or proceeding relating to these Terms shall be brought exclusively in the state or federal courts located in Los Angeles County, California, and the parties hereby consent to the personal jurisdiction of such courts.

Dispute Resolution

In the event of any dispute arising out of or relating to these Terms, the parties agree to first attempt resolution through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may initiate mediation administered by a mutually agreed-upon mediator in Los Angeles County, California.

If mediation is unsuccessful, the dispute shall be resolved by binding arbitration conducted in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in Los Angeles County, California, and the decision of the arbitrator shall be final and binding on both parties. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration.