Subject to the exclusions set forth below, ITC Incorporated. (“ITC”) warrants its light emitting diode (LED) luminaires, including the LED arrays and the LED drivers and integral control devices (“LED Luminaire(s)”) to be free from defect in material and workmanship (the “LED Warranty”) for a period of five (5) years from the date of shipment from ITC facilities. ITC warrants its dimmers and other LED Luminaire controlling products (“LED Controllers”) to be free from defect in material and workmanship for a period of one (1) year from the date of shipment from ITC facilities with standard warranty. The LED arrays in the LED Luminaire(s) will be considered defective in material or workmanship only if a total of 7% or more of the individual light emitting diodes in the LED Luminaire(s) fail to illuminate or any standard finish or coating on a product shows cracking, peeling, excessive fading or corrosion defects during applicable warranty period. The LED Warranty covers both the LED Luminaire(s) and the LED Controllers (“LED Products”).
This LED Warranty applies only when the LED Products are installed in applications in which ambient temperatures are within the range of intended operating temperatures. ITC will not be responsible under this LED Warranty for any failure of the LED Products that is a result of 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 ITC, ITC will also not be responsible under this LED 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. Adequate records of operating history, maintenance, and/or testing must be kept by the end user and provided to ITC upon request to substantiate that the LED Products have failed to comply with the terms of this LED Warranty.
INSPECTION ITC reserves the right to review the damaged product and the site where the damage occurred. ITC may require the purchaser to ship the item to ITC for inspection. The damaged item must remain available for inspection until the claim is finalized. In the event ITC requests to inspect the product, it agrees to dispatch its findings pertaining to the alleged defective product within 45 days of receiving the product. Whenever claims are settled, ITC reserves the right to be subrogated under any existing insurance policies the purchaser may have.
EVENTS THAT VOID WARRANTY All above warranties are null and void if any one or more of the following events occurs: (a) the item is not provided to ITC for inspection upon ITC’s request; (b) ITC determines that the item has been improperly installed, altered in any way or tampered with; ( c) ITC determines that the item was not used under normal operating conditions or in accordance with labels or instructions for the item including, ( d) ITC determines the product was not properly maintained, and/or; e) ITC determines that an unauthorized repair, modification, disassembly, or other changes to the product created the alleged defect. In addition to the foregoing, this Warranty does not protect against damage to the product when ITC determines, in its sole discretion, that the damage resulted from acts of God such as lightning, flood, earthquake, war, vandalism, theft, normal-use wear and tear, terrorism, strikes, and labor stoppages. This warranty specifically excludes damage, deterioration or discoloration caused by sunlight or similar ultraviolet rays and/or wavelengths and/or dents, holes or scratches to the unit caused by stones, rocks and/or debris.
REPAIR AND REPLACE If the LED Products fail to comply with the terms of this LED warranty, at ITC’s option, ITC will repair or replace the LED Products with a new or refurbished product of the same – or a functionally equivalent- LED Products or component pmi. This LED warranty excludes labor and equipment required to remove and/or reinstall original or replacement parts. This LED 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 LED 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 LED Warranty and does not extend the LED 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 ITC post-sales or customer service representative.
EXCLUSIVE REMEDY This Warranty contains the sole warranty of ITC with respect to the product and is given in lieu of all other warranties. There are no other warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose and any implied warranties that cannot be waived and/or excluded are hereby limited in duration to the terms of this Warranty.
LIMITATION ON LIABILITY In no event shall ITC or any affiliate of ITC be liable for direct, indirect, special, incidental, consequential, or multiple damages arising out of the use of the item, regardless of the legal theory on which such claim is based, even if ITC has been advised of the possibility of such damage. Consequential damages shall include but are not limited to loss of profits, loss of savings or revenue. 1 Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not be applicable. The total liability of ITC 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, ITC’s performance or breach of this LED Warranty, or from ITC’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 ITC 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 LED WARRANTY OR OBLIGATIONS UNDER SUCH LED WARRANTY.
ITC reserves the right to modify or discontinue this LED 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.