Subject to the exclusions set forth below, Ledra Brands, Inc, LLC ("Ledra Brands") warrants its light emitting diode (LED) fixtures, including the LED arrays and the LED drivers and integral control devices ("Product(s)") to be free from defect in material and workmanship (the "General Warranty") for a period of five (5) years from the date of shipment from Ledra Brands facilities. This stated Warranty and exclusive remedy covers only Ledra Brands offering of LED products. Ledra Brands non-LED products utilizing traditional light sources such as low voltage halogen, compact fluorescent or HID are covered for one year from date of shipment.
This Statement of Limited Warranty ("Warranty") applies only when the Product(s) are installed in applications in which ambient temperatures do not exceed 40℃ at fixture location. Ledra Brands will not be responsible under this Warranty for any failure of the Product(s) that results from external causes such as: acts of nature; physical damage; exposure to adverse or hazardous chemical or other substances; use of reactive cleaning agents and/or harsh chemicals to clean the Product(s); environmental conditions; vandalism; fire; power failure, improper power supply, power surges or dips, and/or excessive switching; induced vibration; animal or insect activity; fault or negligence of purchaser, any end user of the Product(s) and/or any third party not engaged by Ledra Brands; improper or unauthorized use, installation, handling, storage, alteration, operation, maintenance or service, including failure to abide by any product classifications or certifications, or failure to comply with any applicable standards, codes, recommendations, product specification sheets, or instructions of Ledra Brands; use of the Product(s) with products, processes or materials supplied by any end user or third party; or any other occurrences beyond Ledra Brands reasonable control. Ledra Brands also will not be responsible 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 Product(s).
The Product(s) are not warranted against costs that may be incurred in connection with changes or modifications to the Product(s) required to accommodate site conditions and/or faulty building construction or design. In addition, the Product(s) are not warranted against costs resulting from installation of third-party components, failures of third party supplied components, or failures of Ledra Brands supplied Product(s) caused by a third party supplied component.
If the Product(s) fail to comply with the terms of this Warranty, Ledra Brands, at its option, will repair or replace the Product(s) with the same or a functionally equivalent Product(s) or component part(s). Ledra Brands liability under its Warranty is expressly limited to such repair or replacement, and such obligation to repair or replace defective Product(s) constitutes agreed and liquidated damages for any breach of Warranty by Ledra Brands. This Warranty excludes labor and equipment required to remove and/or reinstall original or replacement parts. This Warranty extends only to the Product(s) as delivered to, and is for the sole and exclusive benefit of, the original end user of the Product(s) at the original location. This Warranty may not be transferred or assigned by the original end user. 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 submitted in writing within (30) days of discovery of the defect or failure to an authorized Ledra Brands post-sales or customer service representative or Ledra Brands shall have no obligation to repair or replace such Product. Product(s) or component part(s) may be required to be returned for inspection and verification of non-conformance by Ledra Brands, but no Product(s) or component part(s) will be accepted for inspection, verification or return unless accompanied by a "Return Materials Authorization" which can be obtained only from an authorized Ledra Brands post-sales or customer service representative. Ledra Brands will provide return labels for all returns issued for defective items still covered under the original warranty. Additionally, Ledra Brands will cover freight fees for shipping repaired items, still covered under warranty, back to the customer if it is determined that the failure was not caused by the user. If a defective item, covered under warranty, is returned for credit and upon testing it is found that the failure was caused by the user, the customer will be responsible for the freight fees associated with the original return label.
THE FOREGOING WARRANTY TERMS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, AND LEDRA BRANDS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING DIRECTLY OR INDIRECTLY TO THE PRODUCT(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 LEDRA BRANDS PRODUCTS HAS THE AUTHORITY TO MODIFY OR AMEND THIS WARRANTY WITHOUT EXPRESS WRITTEN AUTHORIZATION FROM LEDRA BRANDS.
Warranty does not pass to the purchaser until payment is received in full. In no case does our Warranty and exclusive remedy extend to anybody other than our customers. Our customers are not authorized to extend warranties or remedies on our behalf to anyone. Such unauthorized extensions of warranties or remedies by the customer shall remain in customer’s responsibility. Customer is responsible for determining the suitability of our products for customer’s use or resale, or for incorporating them into objects or for application which customer designs, assembles, constructs, or manufactures. Customer accepts Ledra Brands design and material selection and specifications in placing this order unless other specifications are agreed to in writing by both parties prior to the manufacture of the Product(s) by Ledra Brands.
The total liability of Ledra Brands 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, Ledra Brand’s performance or breach of this Warranty, or from Ledra Brand’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.
STATEMENT OF LIMITED WARRANTY FOR LEDRA BRAND, INC. LED PRODUCTS IN NO EVENT SHALL LEDRA BRANDS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER AS THE RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, INCLUDING WITHOUT LIMITATION LABOR OR EQUIPMENT REQUIRED TO REMOVE AND/OR REINSTALL ORIGINAL OR REPLACEMENT PARTS, LOSS OF TIME, PROFITS OR REVENUES, LACK OR LOSS OF PRODUCTIVITY, INTEREST CHARGES OR COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, SYSTEMS, SERVICES OR DOWNTIME COSTS, DAMAGE TO OR LOSS OF USE OF PROPERTY OR EQUIPMENT OR ANY INCONVENIENCE ARISING OUT OF ANY BREACH OF THE FOREGOING WARRANTY OR OBLIGATIONS UNDER SUCH WARRANTY.
Ledra Brands reserves the right to modify or discontinue this Warranty without notice provided that any such modification or discontinuance will only be effective with respect to any Product(s) purchased after such modification or discontinuance.