Terms and Conditions
Lumenata Design Services Limited

Definitions
“Lumenata” means Lumenata Design Services Limited.
“Client” means the person, company or organisation appointing Lumenata.
“Services” means the lighting design consultancy services described in the proposal or agreement.
“Designs” means drawings, calculations, reports, specifications, schedules and other documents prepared by Lumenata.
“Products” means lighting equipment manufactured or supplied by third parties and specified by Lumenata.

Scope of Services
2.1 Lumenata provides professional lighting design consultancy services, including but not limited to concept design, developed design, technical design, lighting calculations, drawings, schedules, specifications and advisory services.
2.2 The scope of Services shall be as set out in Lumenata’s written fee proposal or appointment. Any additional services requested by the Client shall be subject to additional fees.
2.3 Lumenata does not supply, manufacture, install or warrant lighting products unless explicitly agreed in writing under a separate agreement.

Fees and Payment
3.1 Fees shall be as stated in Lumenata’s fee proposal or agreement and are exclusive of VAT unless stated otherwise.
3.2 Invoices shall be payable within 14 days of the invoice date unless otherwise agreed in writing.
3.3 Lumenata reserves the right to suspend Services if payment is overdue.
3.4 Reasonable expenses incurred in the provision of the Services may be charged in addition to fees if agreed in advance.

Third-Party Products and Manufacturers
4.1 Lumenata specifies lighting products manufactured and supplied by third parties.
4.2 Lumenata is not responsible for the manufacture, supply, performance, availability, lead times, warranties, defects or failures of Products.
4.3 All warranties, guarantees and liabilities relating to Products rest solely with the manufacturer or supplier.
4.4 Product specifications are based on information provided by manufacturers at the time of design and may be subject to change without notice.

Substitutions and Value Engineering
5.1 No substitutions to specified Products shall be made without Lumenata’s written approval.
5.2 Lumenata accepts no responsibility for performance, compliance, light levels, visual comfort or aesthetic outcome where substitutions are made without approval.
5.3 Any review of alternative products or value engineering exercises requested by the Client may be treated as additional Services.

Information Provided by the Client
6.1 The Client shall provide accurate, complete and timely information required for the Services, including architectural drawings, specifications, site information and programme details.
6.2 Lumenata shall not be liable for errors, delays or additional costs arising from inaccurate, incomplete or late information provided by the Client or others.

Planning, Regulations and Compliance
7.1 Lumenata will use reasonable professional skill and care to design lighting schemes with reference to applicable standards, guidance and planning requirements.
7.2 Approval by planning authorities, building control or other statutory bodies cannot be guaranteed.
7.3 Lumenata is not responsible for changes in legislation, standards or planning policy occurring after completion of the Services.

Installation and Commissioning
8.1 Lumenata does not supervise installation or commissioning unless explicitly agreed in writing.
8.2 Responsibility for correct installation, wiring, aiming, commissioning and maintenance of Products rests with the installer and/or contractor.
8.3 Lumenata accepts no liability for deviations from the Designs during installation.

Intellectual Property
9.1 All Designs remain the intellectual property of Lumenata until full payment of all fees due.
9.2 Upon full payment, the Client is granted a non-exclusive licence to use the Designs solely for the project for which they were prepared.
9.3 Designs may not be copied, reused, amended or issued to third parties for other projects without Lumenata’s written consent.

Limitation of Liability
10.1 Lumenata shall exercise reasonable skill and care consistent with that of a competent lighting design consultancy.
10.2 Lumenata’s liability for any claim arising from the Services shall be limited to the value of the fees paid for the Services, unless otherwise agreed in writing.
10.3 Lumenata shall not be liable for indirect or consequential losses, including loss of profit, loss of business or delay costs.
10.4 Lumenata shall not be liable for failures arising from third-party Products, installation workmanship or unauthorised changes.

Termination
11.1 Either party may terminate the appointment by written notice if the other party commits a material breach.
11.2 The Client may terminate the Services for convenience by written notice, subject to payment for Services carried out up to the termination date.
11.3 Upon termination, all outstanding fees shall become immediately due.

Confidentiality
12.1 Both parties shall keep confidential any commercially sensitive or confidential information received in connection with the Services, unless disclosure is required by law.

Force Majeure
Lumenata shall not be liable for delays or failure to perform caused by events beyond its reasonable control, including but not limited to supply chain disruption, manufacturer delays, industrial action or acts of God.

Governing Law and Jurisdiction
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales. Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Acceptance
Commencement of Services or written acceptance of a fee proposal shall constitute acceptance of these Terms and Conditions.