Motive Lighting LLC.
Conditions Of Sale — Warranty And Obligations
Warranty and Obligations
THE FOLLOWING IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT BY WAY OF LIMITATION, ANY WARRANTY OF MERCHANTABILITY OF FITNESS FOR ANY PARTICULAR PURPOSE.
Motive Lighting (“CLS”) warrants its General Lighting and Life Safety Equipment (“Product(s)”) to be free from defects in materials and workmanship for a period of FIVE years from the date of shipment of Product(s) from CLS facilities. Product(s) with LED arrays will be considered defective in material or workmanship only if a total of 15% or more of the individual LEDs in the Products fail to illuminate. The replaceable bateries included with CLS Life Safety Equipment have a prorated warranty of TWO to FIVE years as indicated on the product specification sheet. Consult factory for additional information on this.
The obligation of Motive Lighting under this warranty is expressly limited to repair or replacement of the product(s) with the same or a functionally equivalent product(s) or its component part(s) with out charge, at the sole option of Motive Lighting, of defective products manufactured at Motive Lighting’s factory and within their warranty period. This Warranty excludes labor and equipment required to remove and/or reinstall original or replacement parts. The repair or replacement of any Product(s) or component part within the Product(s) is the sole and exclusive remedy for failure of the Product(s) to comply with the terms of this Warranty and does not extend the Warranty period. Warranty claims regarding the Product(s) must be submited in writing within (60) days of discovery of the defect or failure to an authorized Motive Lighting Customer Service representative. Motive Lighting may require Product(s) or component part(s) to be returned for inspection and verification of non-conformance and would facilitate that by generating an RMA (return authorization number) for the returned Product(s) or component part(s).
This warranty extends only to the Motive Lighting’s Product(s) as delivered to and does not apply to Product(s) which have been altered or repaired outside of Motive Lighting’s factory or which have been subjected to neglect, abuse, misuse or accident (including shipping damages). This warranty does not apply to Product(s), component(s) or accessories NOT manufactured by Motive Lighting but have been installed and used in conjunction with Motive Lighting. Any warranty regarding such Product(s) or component(s) is made by the manufacturer(s) of the Product(s) or component(s), and customer shall direct all claims to the manufacturer(s).
LIMITATIONS OF LIABILITY: IN NO EVENT SHALL Motive Lighting BE HELD LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, OR IN TORT INCLUDING NEGLIGENCE) INCLUDING WITHOUT LIMITATION LABOR OR EQUIPMENT REQUIRED TO REMOVE AND/OR REINSTALL ORIGINAL OR REPLACEMENT PARTS, NOR FOR LOST PROFITS; NOR SHALL THE LIABILITY OF Motive Lighting FOR ANY CLAIMS OR DAMAGE ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT OR THE MANUFACTURE, SALE, DELIVERY, USE, MAINTENANCE, REPAIR OR MODIFICATION OF THE PRODUCTS, OR SUPPLY OF ANY REPLACEMENT PARTS THEREFOR, EXCEED THE PURCHASE PRICE OF THE PRODUCTS.
THIS LIMITATION OF LIABILITY SHALL APPLY TO ANY LIABILITY FOR DEFAULT UNDER OR IN CONNECTION WITH THE PRODUCTS, PARTS, OR SERVICES DELIVERED HEREUNDER WHETHER BASED ON WARRANTY, FAILURE OF OR DELAY IN DELIVERY, OR OTHERWISE. THIS CLAUSE SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY