Warranty

Warranty

Subject to the exclusions set forth below, LED Cultivation, Inc. warrants its light emitting diode (LED) luminaires, including the LED arrays and the drivers which power the LEDs, and the devices which control these drivers for all LED Cultivation products, to be free from defect in material and workmanship (the “Limited Warranty”) for a period of three (3) years from the date of shipment from LED Cultivation facilities. All LED Cultivation products shall be covered by the Limited Warranty for a period of (3) years from date of shipment from LED Cultivation facilities. LED Cultivation warrants its dimmers and other LED Luminaire controlling products (“Potentiometers”) to be free from defect in material and workmanship for a period of (1) year from the date of shipment from LED Cultivation facilities. The LED arrays in the LED Luminaire(s) will be considered defective in material or workmanship only if a total of 15% or more of the individual light emitting diodes in the LED Luminaire(s) fail to illuminate. This Limited Warranty applies only when the LED Products are installed in applications in which ambient temperatures and relative humidity levels are within the range of appropriate operating temperatures. LED Cultivation will not be responsible under this Limited Warranty for any failure of the LED Products that is a result of external causes such as acts of nature; physical damage; environmental conditions; vandalism; fire; power failure, improper power supply, power surges or dips, or excessive switching; induced vibration; animal or insect activity; fault or negligence of purchaser, any end user of the LED Products or any third party not engaged by LED Cultivation; improper or unauthorized use, installation, handling, storage, alteration, maintenance or service or failure to comply with any applicable codes and / or recommendations or instructions set forth by LED Cultivation; failure resulting from use with end user or third party supplied products, processes or materials; or any other occurrences beyond LED Cultivation’s reasonable control. LED Cultivation will also not be responsible under this Limited Warranty for any substantial deterioration in the fixture finish that is caused by failure to clean, inspect or maintain the finish of the LED Products. If the LED Products are used on existing foundations, anchorages or structures, the end user is solely responsible for the structural integrity of such foundations, anchorages or structures and all consequences arising from their use. Adequate records of operating history, and testing must be kept by the end user and provided to LED Cultivation upon request to substantiate that the LED Products have failed to comply with the terms of this Limited Warranty. Serial numbers of products will always require authenticity verification as a conditional term of this Limited Warranty. This Limited Warranty only applies to commercial sales through the LED Cultivation internet website. If the LED Products fail to comply with the terms of this Limited Warranty, at LED Cultivation’s option, LED Cultivation will repair or replace the LED Products with a new or refurbished product of the same – or a functionally equivalent – LED Products or component part. This Limited Warranty excludes labor and equipment required to remove and / or reinstall original or replacement parts. This Limited Warranty extends only to the LED Products as delivered to, and is for the sole and exclusive benefit of, the original end user of the LED Products at the original location. This Limited Warranty may not be transferred or assigned by the original end user. The repair or replacement of any Products or component part within the LED Luminaire(s) is the sole and exclusive remedy for failure of the Products to comply with the terms of this Limited Warranty and does not extend the Limited Warranty period. Warranty claims regarding the Products must be submitted in writing within (30) days of discovery of the defect or failure to an authorized LED Cultivation representative. Products or LED arrays may be required to be returned for inspection and verification of non-conformance by LED Cultivation but no Products or LED arrays will be accepted for inspection, verification or return unless accompanied by a valid Serial Number (SN: Exxxxxxxxxxxxxx) which can be obtained only from an authorized LED Cultivation product.

THE FOREGOING WARRANTY TERMS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES SET FORTH IN LED CULTIVATION’S TERMS AND CONDITIONS AND LED CULTIVATION EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING DIRECTLY OR INDIRECTLY TO THE LED PRODUCTS, 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 LED CULTIVATION PRODUCTS HAS THE AUTHORITY TO MODIFY OR AMEND THIS LIMITED WARRANTY WITHOUT EXPRESS WRITTEN AUTHORIZATION FROM LED CULTIVATION.

The total liability of LED Cultivation 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, LED Cultivation’s performance or breach of this Limited Warranty, or from LED Cultivation’s sale, delivery, resale, repair, or replacement of any LED Products or the furnishing of any services, shall in no event exceed the purchase price allocable to the LED Products 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 LED CULTIVATION BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXMPLARY OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBLITY 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 LIMITED WARRANTY OR OBLIGATIONS UNDER SUCH LIMITED WARRANTY.

LED Cultivation reserves the right to modify or discontinue this Limited Warranty without notice provided that any such modification or discontinuance will only be effective with respect to any LED Products purchased after such modification or discontinuance.