5 – Year Limited Product Warranty
This limited product warranty is provided by Lidlum, a division of DEL Innovation design inc. (or LED Innovation design) (“Lidlum”) to the original purchaser (“Purchaser”) of the Lidlum product the (“Product”). The Purchaser and Product are those that are set out on the invoice provided by the Lidlum to the Purchaser (the “Invoice”).
Lidlum warrants that the Product will be free of defects in material and workmanship which cause the Product to fail to operate in accordance with the performance specifications set forth in the documentation published for or provided with the Product (the “Specifications”). The determination of whether the Product is defective shall be made by Lidlum in its sole discretion with consideration given to the overall performance of the Product.
This limited warranty is valid for 5 years. The Limited Warranty Period shall begin on the purchase date (as evidenced by the Invoice) and end on the last day of the Limited Warranty Period term. Without limiting the generality of the foregoing and as applicable, an Light Emitting Diode (“LED”) Product shall not be considered defective solely as a result of the failure of individual LED components to emit light if the number of inoperable components is less than 10% of the total number of LED components in the Product (unless otherwise expressly specified).
A Purchaser must assert any warranty claim in writing. If Lidlum determines in its discretion that any Product covered by this limited warranty is defective, then the Lidlum will, at its option, either repair or replace the Product or the defective part thereof, or reimburse Purchaser for the purchase price of the Product, subject to terms and conditions set forth herein. If Lidlum chooses to replace the Product and is not able to do so because the Product has been discontinued or is not available, then Lidlum may elect, in its sole discretion, to replace the Product with a comparable product.
This limited warranty only applies when the product has been properly handled, stored, transported, wired, installed and operated within the electrical values, operating range and environmental conditions provided in the Specifications, user manual and installation procedures. This limited warranty may not be used to repair or replace a Product which has become defective as a result of any acts of God or from any abuse, misuse, abnormal use, power surges or spikes, corrosive environments, neglect, or any use or installation in violation of the Specifications or any instructions or restrictions prescribed by Lidlum or any applicable standard or code, including without limitation any standards or rules issued by the local, State, Provincial or National Electrical Safety Authority. This limited warranty shall become void in the event any repairs or alterations not authorized by Lidlum are made to the Product by any person. This limited warranty is void if the Product is not used for the purposes for which it is designed. This limited warranty does not apply to generally replaceable consumable items such as lamps, igniters, and capacitors and specifically excludes all surface finish, poles, backup batteries, controls, occupancy sensors, photocells and other fixture accessories that may be attached to or form part of the Product.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY GIVEN BY THE LIDLUM WITH RESPECT TO THE PRODUCTS AND IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. PURCHASER’S EXCLUSIVE REMEDY FOR ANY NONCONFORMITY OR DEFECT IN ANY PRODUCT SHALL BE ONLY AS EXPLICITLY SET FORTH HEREIN. UNDER NO CIRCUMSTANCES SHALL LIDLUM’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH A DEFECTIVE PRODUCT, IN CONTRACT, TORT OR OTHERWISE, EXCEED THE PURCHASE PRICE OF THE PRODUCT TO WHICH SUCH LIABILITY RELATES. IN NO EVENT SHALL LIDLUM BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR COMPENSATORY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, BUSINESS OR GOODWILL.
Lidlum reserves the right to modify this limited warranty from time to time in its discretion and any such modifications shall be effective for all orders placed on or after the effective date of such revised limited warranty.