1. Parties, application and statutory rights
Lighting Spaces Australia Pty Ltd trading as Lighting Spaces
ABN 37 607 333 013
16 Edelmaier St, Bayswater, Victoria 3153, Australia
1800 688 596 · hello@lightingspaces.com.au
In these terms, we, us and our mean Lighting Spaces Australia Pty Ltd; you means the customer identified in our accepted quotation or order; Goods means lighting, fittings, drivers, components and accessories we supply; and Services means agreed design, specification, procurement or other services.
Nothing in these terms excludes, restricts or modifies a consumer guarantee, remedy, unfair contract terms protection or other right that cannot lawfully be excluded, restricted or modified. That protection prevails over any inconsistent provision. Business purchasers may also have rights under the Australian Consumer Law.
2. Agreement and order of priority
These terms apply to a supply where provided to you, or expressly incorporated by a clear link, before you accept our quotation or place your order. Mere publication on our website does not vary an existing contract. An order is accepted when we confirm it in writing. A person ordering for a company represents that they have authority to bind that company; this does not make that person a personal guarantor.
Mandatory law prevails, followed by any mutually signed project agreement, agreed written variations, our accepted quotation and then these terms. Purchase-order conditions apply only if we expressly agree to them in writing. We provide the applicable warranty terms with the supply. Changes to these website terms apply prospectively to new contracts and do not alter an existing order without agreement.
3. Specifications, advice and variations
You must provide accurate project information and check the agreed product code, quantity, finish, colour temperature, dimensions, driver, control system, installation environment and delivery details. We remain responsible for our contractual promises, representations and legal obligations, including any purpose made known to us and reasonably relied upon.
Samples, screen colours and imagery may differ from manufactured finishes within disclosed, reasonable tolerances. A specification or suitability commitment expressly agreed for your project prevails over general catalogue information. We will not substitute a materially different product or change the agreed price without your agreement. Requested changes must be documented with any price and programme adjustment before proceeding.
Unless expressly included, Services do not constitute electrical installation, engineering certification or site supervision. Installation and site compliance must be assessed by appropriately qualified persons. This allocation does not excuse an error in Services we undertake to provide.
4. Price, deposits and payment
The accepted quotation states the price, GST treatment, delivery charges, deposit and payment schedule. Any consumer-facing total price will include mandatory charges as required by law. If no payment date is agreed, payment is due seven days after the invoice date. Credit is available only by written approval. A payment is received when cleared funds reach our nominated account.
Pay undisputed amounts when due and promptly provide particulars of any disputed amount. We will investigate genuine disputes in good faith. Nothing requires payment contrary to a statutory right to withhold or set off, or prevents a legally available chargeback.
For an undisputed overdue amount, we may give written notice requiring payment within seven days and then suspend further undelivered supply proportionately to the default, subject to applicable law. We may recover reasonable external recovery costs actually and properly incurred because of the default, to the extent recoverable by law. No automatic penalty, undisclosed administration fee or compound interest is imposed by these terms.
5. Delivery, inspection and risk
We will use reasonable care to meet agreed delivery arrangements and notify you of material delays. Estimated dates are estimates unless expressly agreed as essential. A delay does not remove any right you have under law or an agreed essential delivery date.
Risk passes when Goods are physically delivered to you or your authorised recipient at the agreed location, or collected by your nominated independent carrier. We remain responsible for loss caused by our breach or negligence. Any unattended delivery requires your express instructions. Ownership is dealt with separately below. Keep unpaid Goods appropriately insured where reasonably practicable.
Inspect deliveries promptly and report visible damage, shortages or discrepancies as soon as reasonably practicable, preferably within seven days, so we can investigate and assist with freight claims. This request is not a deadline extinguishing rights, including rights relating to latent defects. Reasonable redelivery or storage charges arising from your failure to accept an agreed delivery must be disclosed and agreed, or otherwise lawfully recoverable.
6. Retention of title: ownership until payment
Legal and beneficial ownership of all Goods supplied under an invoice remains with Lighting Spaces Australia Pty Ltd until we receive payment in full, in cleared funds, of that invoice, including its agreed delivery charges and GST. Delivery, possession, installation or part-payment does not by itself transfer ownership, subject always to applicable law and third-party rights.
Until ownership passes, you hold the Goods as bailee for us, must take reasonable care of them, preserve identifying marks and, while reasonably practicable, keep them separately identifiable. You must not grant a security interest over them except with our written consent or as permitted by law.
If you acquire Goods as a reseller or contractor, you may resell or incorporate them in your ordinary business before default under the agreed project arrangements. To the extent permitted by the Personal Property Securities Act 2009 (Cth) (PPSA), our security interest extends to identifiable proceeds. You must keep records sufficient to identify the Goods supplied and their proceeds.
If an undisputed invoice remains unpaid after written notice allowing at least seven days to remedy, we may require return of unpaid Goods that remain recoverable under law. Recovery must be lawful and proportionate. These terms do not authorise forced entry, trespass, unsafe electrical work, interference with another person’s property, or removal of fixtures without lawful authority. We will obtain occupier consent or appropriate legal process where required. We must credit the net proceeds of recovered Goods against the debt and account for any surplus as required by law; there is no double recovery.
7. Personal property securities
Where the PPSA applies, you grant us a security interest in Goods whose invoice remains unpaid and their identifiable proceeds, securing the purchase price of those Goods and related amounts lawfully secured under the agreed supply. These terms constitute a security agreement for that purpose. We may register the interest on the Personal Property Securities Register (PPSR) and claim purchase money security interest priority to the extent available.
You must provide information and reasonable assistance needed for an accurate, timely registration, and promptly advise us of changes to your legal identity that affect it. We will only register an interest we are entitled to claim, correct errors and discharge registrations when required by law. Each party bears its own ordinary registration administration costs unless separately agreed.
No PPSA notice or enforcement protection is waived by these standard terms. Any proposed waiver must be separately reviewed and agreed where legally permitted. Our rights remain subject to the PPSA, insolvency laws, applicable stays, third-party priority rules and laws governing fixtures and access. Registration, priority and recoverability are not guaranteed merely because ownership is retained.
8. Defects, warranties and returns
Our Warranty & Claims page sets out our voluntary 5 Year Replacement Warranty, return-before-replacement procedure and exclusions for electrical, removal and reinstallation costs under that voluntary warranty. Those exclusions do not restrict statutory remedies or compensation. Different product-specific periods apply only where disclosed before purchase. Statutory rights are independent of an additional warranty period. You may contact us directly; you are not required to deal only with a manufacturer or use our form to exercise a legal right.
Faults will be assessed within a reasonable time. Remedies and reasonable associated expenses will be provided as required by law and the applicable written warranty. Prior approval helps coordinate non-urgent expenditure but does not exclude lawful compensation or reasonably necessary safety measures.
Change-of-mind returns require our agreement. Any restocking or freight charge must be disclosed and agreed beforehand and reflect reasonable costs. Made-to-order, customised and specially procured Goods may not be eligible for change-of-mind return. These restrictions do not apply to statutory remedies for defective, misdescribed or otherwise non-compliant supplies.
9. Cancellation and events outside reasonable control
If you request cancellation without a contractual or statutory entitlement, we will assess whether work or procurement can reasonably be stopped. Any agreed cancellation charge will be limited to reasonable, substantiated, unavoidable loss directly resulting from cancellation, after mitigation and credit for recoverable stock or savings. Deposits are not automatically forfeited. We will explain the calculation and refund any balance.
Either party must promptly notify the other of an event outside its reasonable control, take reasonable steps to minimise disruption and discuss revised arrangements. If the affected supply cannot be performed within a reasonable time, the parties will seek a fair cancellation or alternative, with unearned amounts refunded and statutory rights preserved. This clause does not excuse an existing payment obligation or avoid responsibility for an event within a party’s reasonable control.
10. Designs, portal access and client materials
Each party retains its existing intellectual property. Unless a written project agreement provides otherwise, we retain copyright in designs and documents we create and grant you a licence to use supplied documents for the agreed project, subject to payment of the relevant agreed fees and any statutory rights. Product information made available for specification may be used for that purpose.
You grant us a limited licence to use material you supply, including logos, to deliver the requested project and portal functions. You must have the necessary rights to supply it. Public portfolio or promotional use of your logo, confidential plans or identifiable project information requires separate permission. No blanket transfer of your intellectual property occurs.
Protect your account and use the portal lawfully. You must not attempt unauthorised access, disrupt systems or upload unlawful material. We may restrict access where reasonably necessary for security or a material breach, with notice and an opportunity to remedy where practicable. Ownership and lawful access to your project records are not forfeited by an access restriction. See our Privacy Policy for company workspace and sharing arrangements.
11. Responsibility and reasonable limits
Each party is responsible for loss caused by its breach, negligence or unlawful conduct, subject to ordinary rules of causation, remoteness and mitigation. Neither party is responsible to the extent loss is caused by the other party’s conduct.
Only for a negotiated commercial supply to which consumer guarantees and unfair contract term protections do not apply, and except for the exclusions below, each party’s aggregate contractual liability is limited to the total price payable for the affected order. This cap does not apply to payment of the agreed price, fraud, wilful misconduct, death or personal injury, physical property damage caused by negligence, breach of confidentiality or privacy obligations, or a liability that cannot lawfully be limited. These terms do not impose a blanket exclusion of reasonably foreseeable loss or compensation available under the Australian Consumer Law.
12. Disputes, notices and governing law
Please give written details of a dispute to our contact address. The parties will endeavour to have an authorised representative discuss resolution within 14 days. This does not prevent urgent relief, statutory payment claims, regulatory complaints or proceedings within a limitation period. Arbitration is required only if separately agreed after the dispute arises.
Notices may be delivered to the contact address or nominated email of the relevant party and take effect when received under applicable law, rather than merely when sent. Notify changes of contact details promptly.
Victorian law governs, subject to any mandatory law applicable elsewhere. The parties submit to the non-exclusive jurisdiction of Victorian courts and competent tribunals. Nothing excludes applicable security of payment legislation. No personal guarantee, charge over land or power of attorney is created by these terms. A waiver must be clear and relates only to the matter waived. An invalid provision is severed only to the extent legally permissible; the rest continues if capable of operating lawfully. Any transfer of contractual obligations requires consent where required by law and must not reduce the other party’s protections.