Terms
Terms of Sale
Conditions of Sale
In these conditions, “The Company” means DesignLux Ltd.
“The Buyer” means the purchaser of goods from the Company.
1. Quotations & Acceptance
(a) All quotations are subject to confirmation by the Company upon receipt of the Buyer’s order.
(b) All contracts of sale will be subject to these Conditions. The order acknowledgement will become binding only if confirmed in writing by both the Company and the Buyer.
2. Delivery Times
The Company will use its best endeavours to deliver all goods on the date and within the time specified in the contract, but shall not be liable for any expense, loss, or damage whatsoever suffered by the Buyer as a result of the Company, for any reason, not delivering on the date or within the time specified.
3. Suspension of Deliveries
Deliveries may be wholly or partially suspended, and the time of such suspension added to the original contract period, in the event of a stoppage, delay, or interruption of work in the establishment of either the Company or the Buyer during the delivery period as a result of strikes, lock-outs, trade disputes, breakdown, accident, or any cause whatsoever beyond the reasonable control of the Company or the Buyer respectively.
4. Shortages & Returns
Any complaints regarding shortages, damage, or defects must be made to the Company within two (2) days from the date of dispatch shown on the delivery note or invoice.
The Buyer shall not return goods to the Company unless agreed in writing by the Company.
The Company reserves the right to apply a handling charge of 35% to any goods returned for credit.
5. Limitation of Liability
The Company shall not be liable for loss of profit, damage, or for any expenditure incurred on goods supplied, or for any consequential or special loss or damage sustained by the Buyer by reason of any breach of the contract by the Company.
6. Quality & Fitness for Purpose
Any condition, warranty, or statement as to the quality of the goods or their fitness for any purpose, whether express or implied by statute, custom of the trade, or otherwise, is hereby excluded unless expressly given in writing by the Company.
7. Payment Terms
Payment terms shall be as agreed and stated on the Company’s invoice.
Amounts due shall not be subject to any discount or deduction except as agreed in writing by the Company.
The Company shall be entitled to charge 1.5% interest per month on all overdue payments.
8. Instalment Deliveries
Each part delivery or instalment of the goods shall be deemed to be sold under a separate contract, and no default by the Company in respect of any part delivery or instalment shall entitle the Buyer to treat the contract as repudiated in regard to any balance or instalment deliverable.
9. Right to Suspend or Terminate Supply
The Company shall be entitled, without prejudice to its other rights and remedies, either to terminate wholly or partly every supply contract between itself and the Buyer, or to suspend any further deliveries under any or every contract, if:
(a) Any debt is overdue and unpaid by the Buyer to the Company; or
(b) The Buyer has failed to provide any letter of credit, bill of exchange, or any other security required by the contract; or
(c) The Buyer has rejected, returned, or failed to take delivery of any goods tendered by the Company otherwise than in accordance with the Buyer’s contractual rights; or
(d) The Buyer, being a corporate body, becomes insolvent, is wound up, enters administration, or makes any arrangement with creditors; or, being an individual, becomes bankrupt or enters into any arrangement with creditors.
The Company shall be entitled to exercise its right of termination or suspension at any time while the event or default giving rise thereto has not ceased or been remedied.
10. No Right of Set-Off
The Buyer shall not be entitled to withhold payment of any amount payable under the contract because of any disputed claim, nor to set off any amount payable under the contract against sums not presently payable or disputed by the Company.
11. Retention of Title & Risk
(a) The property in the goods shall not pass to the Buyer, and the Buyer shall keep the goods as bailee and trustee for the Company, returning them upon request, until the price of the goods has been wholly paid and all other sums due from the Buyer to the Company have been paid in full.
(b) Risk in the goods shall pass to the Buyer upon delivery, and the signature of any employee or representative of the Buyer on the delivery docket shall be conclusive evidence of such delivery.
12. Lien
The Company shall have a general lien against the Buyer’s goods for all sums due on any account to the Company. Such lien may be exercised by selling the goods by public auction or private treaty, and the lien shall cover the cost of exercising, storing, and selling the goods.
13. Warranty Terms
(a) Most goods supplied by the Company are covered by a manufacturer’s warranty of 5 years. Certain premium products may carry warranties of up to 10 years, while some specialist fittings or specific ranges may have shorter warranty periods of 2–3 years.
(b) The manufacturer’s warranty covers the replacement of a defective product due to manufacturing faults within the stated warranty period. In most cases, a replacement fitting will be supplied free of charge once a valid claim is approved.
(c) The warranty does not cover shipping costs, labour for removal or installation, loss of profit, or any consequential damages.
(d) All warranty claims must be submitted within the warranty period and may require proof of purchase and/or return of the faulty item for inspection.
14. Governing Law
These conditions of sale shall be governed by and construed in accordance with the laws of Ireland, and the Buyer agrees to submit to the exclusive jurisdiction of the Irish courts.
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