SIMPLYLEDS, LLC, LIMITED TEN (10) YEAR WARRANTY
SimplyLEDs, LLC (Seller) warrants to Buyer that the Products, including the power supply, shall be free from defects in material and workmanship for a period of ten (10) years from the date of manufacture. This Limited Warranty includes parts and material only and labor is excluded. Within the ten (10) year warranty period the Products will have a lumen maintenance of 70% or greater. Buyer’s exclusive remedy and Seller’s sole liability for any breach of the foregoing warranty shall be for Seller, at Buyer’s request within the warranty period by written notice specifying the defect, and at Seller’s sole option, to repair or replace the defective Product or refund any amounts paid for the defective Product after examination determines that such defects are valid. These remedies are available only if the examination discloses to Seller’s satisfaction that such defects actually exist and were not caused by Buyer’s misuse, abuse, unauthorized modifications or disassembly, neglect, unauthorized and improper installation, attempts to repair, or by accident, fire, third party materials or other hazard. Repair or replacement of a part or whole Product does not extend the warranty period beyond the initial warranty period which commences with the date of manufacture listed on the Product safety label. The sensors and lighting control warranties are covered by the specific manufacturer’s warranty (five years) and operating conditions not exceeding specifications.
EXCLUSIONS AND LIMITATIONS
This Limited Warranty applies only to products manufactured by SimplyLEDs (Seller) that can be identified by the SimplyLEDs trade mark, trade name, or logo affixed to them. Seller is not responsible for damage arising from failure to follow instructions relating to the product’s use as described in the product data sheet. Sensors and lighting control warranties are strictly limited to five (5) years as specified by the specific manufacturer. The Product warranty does not apply: (a) to damage caused by accident, abuse, misuse, improper installation or handling, flood or fire; (b) to damage from extraordinary weather conditions or Acts of God such as, but not limited to, earthquake, tornado, hurricane, lightning strikes or other extreme weather conditions; (c) to damage caused by fluctuations in electrical power beyond the specified operating range of the product; (d) to damage caused by operating the product outside the permitted or intended uses described by Seller; (e) to a product that has been defaced, modified to alter functionality or capability; (f) if any SimplyLEDs Product identification marks have been removed or defaced. TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, SIMPLYLEDS SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF SELLER CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS WARRANTY AND TO REPAIR OR REPLACEMENT OR REFUND SERVICE AS DETERMINED BY SELLER IN ITS SOLE DISCRETION. EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, SELLER IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY.
