Subject to the exclusions set forth below, GlobaLux Lighting LLC. (“GlobaLux”) warrants its commercial grade* light emitting diode (LED) fixtures, (“Product(s)”) to be free from defect in material and workmanship (the “General Warranty”) in material and workmanship which cause the Products to fail to operate in accordance with the specifications set forth in the documentation published or provided with the Products (the “Specifications”) for the respective time periods set forth in the emergency fixture table and battery table attached hereto as Annex 1 (“Warranty Period”), for a period of five (5) years from the date of shipment from GlobaLux’s facilities. GlobaLux warrants its Residential grade light emitting diode (LED) fixtures, (“Product(s)”) to be free from defect in material and workmanship (the “General Warranty”) in material and workmanship which cause the Products to fail to operate in accordance with the specifications set forth in the documentation published or provided with the Products (the “Specifications”) for the respective time periods set forth in the emergency fixture table and battery table attached hereto as Annex 1 (“Warranty Period”), for a period of three (3) years from the date of shipment from GlobaLux’s facilities. Commercial grade Fixtures may be designated by “MV or MVD” identifier in Model Number.
An emergency battery, whether sold separately, or as part of an emergency fixture or as part of another Globalux product, will be considered defective only if it fails to perform for a full ninety (90) minutes during required annual testing. The emergency lighting warranty applies only when (1) emergency fixtures or other Globalux products containing batteries have been continuously connected to an AC input power source within ninety (90) days of the date of shipment from Globalux’s facilities or (2) batteries sold separately have been placed in fixtures continuously connected to an AC input power source within 90 days of the date of shipment from Globalux’s facilities. This Warranty applies only when the Products have been properly handled, stored, wired, transported, installed, operated and maintained in accordance with the applicable Specifications, including, without limitation, installation in applications in which ambient temperatures are within the range of specified operating temperatures and operation within the electrical values shown on the Specifications.
Warranty(s) will not apply to loss or damage to the Product caused by: negligence; abuse; misuse; mishandling; alterations; physical damage; improper installation, storage or maintenance; damage due to fire or acts of God; vandalism; civil disturbances; power surges; improper power supply; electrical current fluctuations; corrosive environment installations; induced vibration; harmonic oscillation or resonance associated with movement of air currents around the Product; alteration; accident; failure to follow installation, operating, maintenance or environmental instructions prescribed by Seller or applicable electrical codes; or improper service of the Product performed by someone other than Seller or its authorized service provider. This limited warranty excludes field labor and service charges related to the repair or replacement of the Product. In addition, Globalux shall have no responsibility under this Warranty for any substantial deterioration in the Product finish that is caused by failure to clean, inspect or maintain the finish of the Products. During the Warranty Period some staining, chalking or fading may occur. This is normal aging of the finish and is not a manufacturing defect; therefore it is not covered by this Warranty. Neither polycarbonate nor acrylic material used in the Products is warranted against yellowing, as yellowing may naturally occur over time due to normal aging. If the Products are used on existing foundations, anchorages or structures, the purchaser of the Products and/or the End User is solely responsible for the structural integrity of such existing foundations, anchorages or structures and all consequences arising from their use. In addition, the Products are not warranted against cost resulting from installation of third party components, failures of third party supplied components, or failures of Globalux supplied Products caused by third party supplied components. This Warranty is not applicable to any product(s) which are not installed and operated in accordance with the current edition of The National Electric Code (NEC), the Standards for Safety of Underwriters’ Laboratory, Inc. (UL), or the standards for the American National Standards Institute (ANSI), and with Globalux instructions and guidelines for the Product. THIS WARRANTY IS VOID WITH RESPECT TO ANY PRODUCT IF THE PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH IT WAS DESIGNED OR IF ANY REPAIRS OR ALTERATIONS ARE MADE BY ANY PERSON NOT AUTHORIZED BY GLOBALUX IN WRITING.
Globalux, at its sole option, will repair or replace the Product(s) with the same or a functionally equivalent Product(s) or component part(s). Specifically, Globalux will repair the Product, replace with a similar or like Product (as determined by Globalux in its sole discretion), or issue a credit to the End User which may be used for future Globalux product purchases. (The amount of such credit shall be calculated by Globalux at its sole discretion). Globalux reserves the right to use new, reconditioned, refurbished, repaired or remanufactured products or parts in the repair or replacement of any Product covered by this Warranty. This Warranty excludes any and all removal or reinstallation costs and expenses including, without limitation, labor and equipment required to remove and/or reinstall original or replacement Product(s) or parts, shipping costs to return nonconforming Products(s) or any damage that may occur during the return of any Product(s) to Globalux. This Warranty only extends to the Products as delivered to, and is for the sole and exclusive benefit of, the End User of the Products at the original location.
CREDIT, REPAIR OR REPLACEMENT OF ANY PRODUCT(S) OR COMPONENT PART WITHIN THE PRODUCT AS PROVIDED UNDER THIS LIMITED WARRANTY IS YOUR SOLE AND EXCLUSIVE REMEDY AND DOES NOT EXTEND THE WARRANTY PERIOD. THIS LIMITED WARRANTY IS VOID IF THE PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH IT IS DESIGNED OR INSTALLED IN AREAS WHERE THE AMBIENT TEMPERATURE EXCEEDS THE PRODUCT RATING SHOWN ON THE LED DRIVER LABEL AND/OR PRODUCT SPECIFICATION SHEET. THIS LIMITED WARRANTY IS VOID IF THE PRODUCT OR OPERATING LIGHTING SYTEM IS NOT INSTALLED, OPERATED OR MAINTAINED IN ACCORDANCE WITH THE NATIONAL ELECTRIC CODE (NEC), AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI) AND THE INSTALLATION INSTRUCTIONS SUPPLIED BY Globalux.
This Warranty may not be transferred or assigned by the original end user.
Warranty claims regarding the Product(s) must be submitted in writing within to an authorized GlobaLux post-sales or customer service representative. Product(s) or component part(s) may be required to be returned for inspection and verification of non-conformance by GlobaLux, but no Product(s) or component part(s) will be accepted for inspection, verification or return unless accompanied by a “return merchandise number” which can be obtained only from an authorized GlobaLux post-sales or customer service representative. GlobaLux is not responsible for ny costs and expenses incurred in connection with shipment of Product(s) to GlobaLux, but GlobaLux shall bear return shipping cost in connection with shipment of replacement Product(s) to the customer.
THE FOREGOING WARRANTY TERMS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, AND GLOBALUX EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING DIRECTLY OR INDIRECTLY TO THEPRODUCT(S), WHETHER ORAL, WRITTEN, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING,WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO AGENT, DISTRIBUTOR OR OTHER SUPPLIER OF GLOBALUX PRODUCTS HAS THE AUTHORITY TO MODIFY OR AMEND.
THIS WARRANTY WITHOUT EXPRESS WRITTEN AUTHORIZATION FROM GLOBALUX. The total liability of GlobaLux on any and all claims of any kind, whether in contract, warranty, tort (including negligence), strict liability or otherwise, arising out of or in connection with, or resulting from, GlobaLux’s performance or breach of this Warranty, or from GlobaLux’s sale, delivery, resale, repair, or replacement of any Product(s) or the furnishing of any services, shall in no event exceed the purchase price allocable to the Product(s)that give rise to the claim, and any and all such liability shall terminate upon the expiration of the warranty period specified above.
IN NO EVENT SHALL GLOBALUX LIGHTING LLC BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHERAS THE RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY, OR ANYOTHER THEORY.)