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Website Terms & Conditions
Welcome to the Lightscope Website.
The term “Lightscope” or “us” or “we” refers to the owner of the website whose registered office is stated in the “Contact Us” page of this site. The term “you” refers to the user or viewer of our website.
- The content of the pages of this website are for your general information and use only. It is subject to change without notice.
- Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall by your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
- This website may contain material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
- All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
- Unauthorised use of this website may give rise to a claim for damages and/or be a criminal offence.
- From time to time this website may also include links to other website. These links are provided for your convenience to provide further information for you. They do not signify that we endorse the website/s. We have no responsibility for the content of the linked website/s.
- Your use of this website and any dispute arising out of such use of the website is subject to the laws of Australia.
Lightscope's Terms & Conditions
Lightscope Pty Ltd – Terms & Conditions of Sale - COMMERCIAL ONLY
1.1 “Lightscope” shall mean Lightscope Pty Ltd ACN 069 385 780 its successors and assigns or any person acting on behalf of and with the authority of Lightscope Pty Ltd.
1.2 “Customer” shall mean the Customer (or any person acting on behalf of or with the authority of the Customer) as described on any invoice, quotation, work authorisation or other form as provided by Lightscope to the Customer and shall include executors, administrators, successors and permitted assigns.
1.3 “Guarantor” shall mean that person (or persons), or entity, who agrees to be liable for the debts of the Customer.
1.4 “Goods” shall mean goods supplied by Lightscope to the Customer or at the Customer’s direction (and, where the context so permits, shall include any supply of Services as hereinafter defined) as described on any invoice, quotation, work authorisation or other form provided by Lightscope to the Customer.
1.5 “Services” shall mean all services supplied by Lightscope to the Customer and includes any advice or recommendations (and where the context so permits shall include any supply of Goods as defined above).
1.6 “Price” shall mean the price payable for the Goods as agreed between Lightscope and the Customer in accordance with clause 3 of these Terms & Conditions of Sale.
2.1 Any order, request or instructions received by Lightscope from the Customer for the supply of Goods and/or the Customer’s acceptance of Goods supplied by Lightscope shall constitute acceptance of the terms and conditions contained herein.
2.2 A quotation issued by Lightscope does not constitute an offer made by Lightscope. Customer orders will not be binding until accepted by Lightscope.
2.3 Where more than one Customer has entered into this agreement, the Customers shall be jointly and severally liable for all payments of the Price.
2.4 Upon acceptance of these terms and conditions by the Customer the terms and conditions are binding and can only be amended with the written consent of Lightscope.
2.5 Where the Customer gives Lightscope notice of any change in the Customer’s name, address and/or any other change in the Customer’s details such change shall not be binding upon Lightscope until fourteen (14) days after such notice has been given.
3. Price And Payment
3.1 The Price shall be Lightscope’s quoted Price (subject to clause 3.2) which shall be binding upon Lightscope provided that the Customer shall make an order in writing against Lightscope’s quotation within thirty (30) days of the date of quotation.
3.2 Lightscope reserves the right to change the Price in the event of a variation to Lightscope’s quotation.
3.3 At Lightscope’s sole discretion the Customer may be required to pay a deposit as a condition of acceptance of an order.
3.4 At Lightscope’s sole discretion payment shall be due either on delivery of the Goods or payment shall be due before delivery of the Goods.
3.5 Time for payment for the Goods shall be of the essence and will be stated on the invoice or any other forms. If no time is stated then payment shall be due Thirty (30) days following the end of invoice month.
3.6 If payment in full in cleared funds is made within fifteen (15) days of the end of invoice month then a 3% discount to invoice cost will apply.
3.7 Payment shall be made by cash, or by cheque, or by bank cheque, or by direct credit, or by any other method agreed in writing from time to time by the Customer and Lightscope.
3.8 GST and other taxes and duties that may be applicable shall be added to the Price except when they are expressly included in the Price.
4. Delivery Of Goods
4.1 At Lightscope’s sole discretion delivery of the Goods shall take place when:
(a) the Customer takes possession of the Goods at Lightscope’s address; or
(b) the Customer takes possession of the Goods at the Customer’s nominated address (in the event that the Goods are delivered by Lightscope or Lightscope’s nominated carrier); or
(c) the Customer’s nominated carrier takes possession of the Goods in which event the carrier shall be deemed to be the Customer’s agent.
4.2 At Lightscope’s sole discretion the costs of delivery may be included in the Price, or for the Customer’s account.
4.3 The Customer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods as arranged then Lightscope shall be entitled to charge a reasonable fee for redelivery.
4.4 Delivery of the Goods to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this agreement. In that event extra charges may apply to the Customer’s account.
4.5 Lightscope may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions of these terms and conditions.
4.6 The failure of Lightscope to deliver shall not entitle either party to treat this contract as repudiated. Any date quoted for delivery shall be an estimate only and shall not be binding on Lightscope.
4.7 Lightscope shall not be liable for any loss or damage due to failure by Lightscope to deliver the Goods (or any of them) promptly or at all.
5.1 If Lightscope retains ownership of the Goods nonetheless, all risk for the Goods passes to the Customer on delivery. If despatch is delayed, risk shall pass to the Customer after fourteen (14) days from the date of notification that the goods are ready for delivery.
5.2 If any of the Goods are damaged or destroyed following delivery but prior to ownership passing to the Customer, Lightscope is entitled to receive all insurance proceeds payable for the Goods. The production of these terms and conditions by Lightscope is sufficient evidence of Lightscope’s rights to receive the insurance proceeds without the need for any person dealing with Lightscope to make further enquiries.
6.1 Lightscope and the Customer agree that ownership of the Goods shall remain with Lightscope as full legal and equitable owner and ownership shall not pass to the Customer until:
(a) the Customer has paid Lightscope all amounts owing for the particular Goods; and
(b) the Customer has met all other obligations due by the Customer to Lightscope in respect of all contracts between Lightscope and the Customer.
6.2 Receipt by Lightscope of any form of payment other than cash shall not be deemed to be payment until that form of payment has been honoured, cleared or recognised and until then Lightscope’s ownership or rights in respect of the Goods shall continue.
6.3 It is further agreed that:
(a) where practicable the Goods shall be kept separate and identifiable until Lightscope shall have received payment and all other obligations of the Customer are met; and
(b) until such time as ownership of the Goods shall pass from Lightscope to the Customer Lightscope may give notice in writing to the Customer to return the Goods or any of them to Lightscope. Upon such notice the rights of the Customer to obtain ownership or any other interest in the Goods shall cease; and
(c) Lightscope shall have the right of stopping the Goods in transit whether or not delivery has been made; and
(d) if the Customer fails to return the Goods to Lightscope then Lightscope or Lightscope’s agent may enter upon and into land and premises owned, occupied or used by the Customer or any premises, where the Goods are situated as the invitee of the Customer and take possession of the Goods; and
(e) the Customer is only a bailee of the Goods until such time as Lightscope has received payment in full for the Goods and until then the Customer shall hold any proceeds from the sale or disposal of the Goods on trust for Lightscope; and
(f) the Customer shall not deal with the money of Lightscope in any way which may be adverse to Lightscope; and
(g) the Customer shall not charge the Goods in any way nor grant nor otherwise give any interest in the Goods while they remain the property of Lightscope; and
(h) Lightscope can issue proceedings to recover the Price of the Goods sold notwithstanding that ownership of the Goods may not have passed to the Customer; and
(i) until such time that ownership in the Goods passes to the Customer, if the Goods are converted into other products, the parties agree that Lightscope will be the owner of the end products.
7. Customer’s Disclaimer
7.1 The Customer hereby disclaims any right to rescind, or cancel any contract with Lightscope or to sue for damages or to claim restitution arising out of any misrepresentation made to the Customer by Lightscope and the Customer acknowledges that the Goods are bought relying solely upon the Customer’s skill and judgement.
8.1 The Customer shall inspect the Goods on delivery and shall within five (5) days of delivery (time being of the essence) notify Lightscope of any alleged defect, shortage in quantity, damage or failure to comply with the description or quotation quoting the relevant invoice number The Customer shall afford Lightscope a reasonable opportunity to inspect the Goods within a reasonable time. If the Customer shall fail to comply with these provisions the Goods shall be deemed to be free from any defect or damage.
For defective Goods, which Lightscope has accepted in writing as being defective, Lightscope’s liability is limited in accordance with the terms and conditions contained herein.
9. Goods Returned
9.1 Lightscope may accept the return of Goods on the terms contained herein.
9.2 Goods returned will only be accepted provided that:
(a) the Customer has complied in all respects with the provisions of clause 8.1;
(b) Lightscope has firstly issued a Goods Returned Authority (GRA) to the Customer and a duly completed GRA is returned with the Goods;
(c) the Goods are returned to Lightscope at the Customer’s cost within ten (10) days of the original delivery date in the condition in which the Goods were delivered and with all packaging material, brochures and instruction material in as new condition unused, not damaged nor defaced nor marked or disfigured.; and
(d) after inspection of the Goods returned Lightscope has agreed in writing to accept the return of the Goods and to provide a refund to the Customer. Acceptance of Goods returned for stocking may incur a restocking fee which, if applicable, will be deducted from any refund.
9.3 Lightscope will not be liable to accept return of Goods which have not been stored or used in a proper manner or have been abused or neglected.
9.4 Where Goods sold by Lightscope to the Customer are determined to be faulty due to a defect in or failure of Electronic Control Gear (ECG) the Customer agrees that Lightscope’s liability will be expressly limited to Lightscope at its absolute discretion either providing the Customer with a replacement of the faulty or defective ECG or allowing the Customer a refund of the cost of replacement ECG. Lightscope’s obligation under this clause will be subject to the Customer promptly returning the relevant ECG to Lightscope, without damage, disfigurement or defacement, for testing. If upon testing the ECG is found not to be faulty or defective or if the ECG is returned to Lightscope damaged, disfigured or defaced then Lightscope will be at liberty to charge the customer for the cost of any replacement ECG that has been supplied to the Customer.
Lightscope Pty Ltd – Terms & Conditions of Sale - COMMERCIAL ONLY
10.1 Subject to the conditions of warranty set out in clause 10.2 Lightscope warrants that if any defect in any workmanship of Lightscope becomes apparent and is reported to Lightscope within Twelve (12) months of the date of delivery (time being of the essence) then Lightscope will, at Lightscope’s sole discretion, either remedy the workmanship or allow a credit to the Customer.
10.2 The conditions applicable to the warranty given by clause 10.1 are:
(a) The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i) Failure on the part of the Customer to properly maintain any Goods; or
(ii) Failure on the part of the Customer to follow any instructions or guidelines provided by Lightscope; or
(iii) Any misuse, abuse, neglect of the Goods or use of any Goods otherwise than for any application specified on a quote or order form; or
(iv) The continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(v) Fair wear and tear, any accident or act of God.
(b) The warranty shall cease and Lightscope shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without Lightscope’s consent.
(c) In respect of all claims Lightscope shall not be liable to compensate the Customer for any delay in either remedying the workmanship or allowing a credit or in properly assessing the Customer’s claim.
11. The Commonwealth Trade Practices Act 1974 and Fair Trading Acts
11.1 Nothing in this agreement is intended to have the effect of contracting out of any applicable provisions of the Commonwealth Trade Practices Act 1974 or the Fair Trading Acts in each of the States and Territories of Australia, except to the extent permitted by those Acts where applicable.
12. Intellectual Property
12.1 Where Lightscope has designed, drawn or written Goods for the Customer, then the copyright in those designs and drawings and documents shall remain vested in Lightscope, and shall only be used by the Customer with Lightscope’s express permission.
12.2 The Customer warrants that all designs or instructions to Lightscope will not cause Lightscope to infringe any patent, registered design or trademark in the execution of the Customer’s order and the Customer shall indemnify Lightscope against any action taken by a third party against Lightscope in respect of any such infringement.
13. Default & Consequences of Default
13.1 Interest calculated at 3% per annum in excess of the current Westpac Indicator Lending Rate for overdrafts above $100,000 (calculated from date of invoice to the date of full and final payment) shall be payable if payment is not received on or before the due date for payment in accordance with the terms and conditions herein. Such interest shall compound monthly at such a rate after as well as before any judgement. Any payment shall be applied first against any interest so accrued and the balance if any shall be applied in reduction of the outstanding balance of the contract price.
13.2 If the Customer defaults in payment of any invoice when due, the Customer shall indemnify Lightscope from and against all costs and disbursements incurred by Lightscope in pursuing the debt including legal costs on a solicitor and own client basis and Lightscope’s collection agency costs.
13.3 Without prejudice to any other remedies Lightscope may have, if at any time the Customer is in breach of any obligation (including those relating to payment), Lightscope may suspend or terminate the supply of Goods to the Customer and any of its other obligations under the terms and conditions. Lightscope will not be liable to the Customer for any loss or damage the Customer suffers because Lightscope has exercised its rights under this clause.
13.4 If the Customer defaults in payment for more than 5 days from the due date as invoiced the customer & all associated businesses will be placed on stop credit.
13.5 Without prejudice to Lightscope’s other remedies at law Lightscope shall be entitled to cancel all or any part of any order of the Customer which remains unfulfilled and all amounts owing to Lightscope shall, whether or not due for payment, become immediately payable in the event that:
(a) any money payable to Lightscope becomes overdue, or in Lightscope’s opinion the Customer will be unable to meet its payment obligations as they fall due; or
(b) the Customer becomes insolvent, convenes a meeting with its creditors or proposes or enters into an arrangement with creditors, or makes an assignment for the benefit of its
(c) a receiver, manager, liquidator (provisional or otherwise) or similar person is appointed in respect of the Customer or any asset of the Customer.
14. Security And Charge
14.1 Despite anything to the contrary contained herein or any other rights which Lightscope may have howsoever:
(a) where the Customer and/or the Guarantor (if any) is the owner of land, realty or any other asset capable of being charged, both the Customer and/or the Guarantor agree to
mortgage and/or charge all of their joint and/or several interest in the said land, realty or any other asset to Lightscope or Lightscope’s nominee to secure all amounts and other
monetary obligations payable under these terms and conditions. The Customer and/or the Guarantor acknowledge and agree that Lightscope (or Lightscope’s nominee) shall be
entitled to lodge where appropriate a caveat, which caveat shall be withdrawn once all payments and other monetary obligations payable to Lightscope have been satisfied.
(b) should Lightscope elect to proceed in any manner in accordance with this clause and/or its sub-clauses, the Customer and/or Guarantor shall indemnify Lightscope from and
against all Lightscope’s costs and disbursements including legal costs on a solicitor and own client basis.
(c) the Customer and/or the Guarantor (if any) agree to irrevocably nominate constitute and appoint Lightscope or Lightscope’s nominee as the Customer’s and/or Guarantor’s true and lawful attorney to perform all necessary acts to give effect to the provisions of this clause 14.1.
15.1 Lightscope may cancel any contract to which these terms and conditions apply or cancel delivery of Goods at any time before the Goods are delivered by giving written notice to the
Customer. On giving such notice Lightscope shall repay to the Customer any sums paid in respect of the Price. Lightscope shall not be liable for any loss or damage whatever arising from such cancellation.
15.2 In the event that the Customer refuses acceptance of Goods upon delivery or otherwise repudiates the contract the Customer shall be liable for any loss incurred by Lightscope
(including, but not limited to, any loss of profits) up to the time of refusal or repudiation.
16. Privacy Act 1988
16.1 The Customer and/or the Guarantor/s agree for Lightscope to obtain from a credit reporting agency a credit report containing personal credit information about the Customer and/or
Guarantor/s in relation to credit provided by Lightscope.
16.2 The Customer and/or the Guarantor/s agree that Lightscope may exchange information about the Customer and the Guarantor/s with those credit providers either named as trade
referees by the Customer or named in a consumer credit report issued by a credit reporting agency for the following purposes:
(a) to assess an application by the Customer; and/or
(b) to notify other credit providers of a default by the Customer; and/or
(c) to exchange information with other credit providers as to the status of this credit account, where the Customer is in default with other credit providers; and/or
(d) to assess the credit worthiness of Customer and/or the Guarantor/s.
16.3 The Customer consents to Lightscope being given a consumer credit report to collect overdue payment on commercial credit (Section 18K (1) (h) Privacy Act 1988).
16.4 The Customer agrees that personal credit information provided may be used and retained by Lightscope for the following purposes and for other purposes as shall be agreed between
the Customer and Lightscope or as required by law from time to time:
(a) provision of Goods; and/or
(b) analysing, verifying and/or checking the Customer’s credit, payment and/or status in relation to provision of Goods; and/or
(c) processing of any payment instructions, direct debit facilities and/or credit facilities requested by Customer; and/or
(d) enabling the daily operation of the Customer’s account and/or the collection of amounts outstanding in the Customer’s account in relation to the Goods.
16.5 Lightscope may give information about the Customer to a credit reporting agency for the following purposes:
(a) to obtain a consumer credit report about the Customer; and/or
(b) allow the credit reporting agency to create or maintain a credit information file containing information about the Customer.
17.1 These Terms & Conditions of Sale shall be deemed to be incorporated into any agreement between Lightscope and the Customer. All representations, statements, terms and conditions and warranties (whether implied by statute or otherwise) not contained herein are expressly excluded to the fullest extent permitted by law.
17.2 If any provision of these terms and conditions shall be invalid, void, illegal or unenforceable the validity, existence, legality and enforceability of the remaining provisions shall not be affected, prejudiced or impaired.
17.3 These terms and conditions and any contract to which they apply shall be governed by the laws of Queensland and the parties will subject themselves to the jurisdiction of the courts of Queensland.
17.4 Lightscope shall be under no liability whatever to the Customer for any indirect loss and/or expense (including loss of profit) suffered by the Customer arising out of a breach by Lightscope of these terms and conditions or any breach by Lightscope of any term implied by legislation.
17.5 In the event that Lightscope breaches any term of this contract (whether express or implied by legislation or otherwise) the remedies of the Customer shall be limited to damages which under no circumstances shall exceed the Price of the Goods.
17.6 The Customer shall not be entitled to set off against or deduct from the Price any sums owed or claimed to be owed to the Customer by Lightscope.
17.7 Lightscope may license, assign or sub-contract all or any part of its rights and obligations without the Customer’s consent.
17.8 Lightscope reserves the right to review these terms and conditions at any time. If, following any such review, there is to be any change to these terms and conditions, then that change will take effect from the date on which Lightscope notifies the Customer in writing of such change.
17.9 Neither party shall be liable for any default due to any act of God, war, terrorism, strike, lock-out, industrial action, fire, flood, drought, storm or other event beyond the reasonable control of the party.
17.10 The failure by Lightscope to enforce any provision of these terms and conditions shall not be treated as a waiver of that provision, nor shall it affect Lightscope’s right to subsequently enforce that provision.