i2 Dimmers LL-101

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Limited Warranty. Products are warranted to be free from defects in material and workmanship and to conform substantially to Seller’s then-current (as of the date of Product shipment) user documentation and specifications for a period of one (1) year from the date of invoice (the “Warranty Period”), provided the Products are used under those operating conditions (including electrical values and environmental conditions) described in Seller’s then-current user documentation and specifications for such Products. Seller shall not be liable under the foregoing warranty if Buyer fails to provide Seller with notice of the alleged defect during the Warranty Period. Remedies. In the event a Product does not comply with the foregoing express warranty, Buyer may notify Seller within the Warranty Period and if so notified Seller will, at Seller’s option: (a) provide a replacement for such Product or defective component or part thereof that has caused the warranty claim (such Product or defective component or part thereof that has caused the warranty claim, the “Warranty Item”); or (b) refund to Buyer the lesser of (1) the amount Buyer paid for the Warranty Item, or (2) Buyer’s cost to replace the Warranty Item, in each case as determined by Seller in its sole and absolute discretion following receipt and inspection by Seller of the Warranty Item. For the avoidance of doubt, “provided a replacement for such Product or defective component or part thereof” expressly does not include any removal or reinstallation costs or expenses, including without limitation labor costs or expenses. All exchanged Warranty Items shall become the property of Seller. Seller may use either new or remanufactured, reconditioned or refurbished components or parts (if in like-new condition), or functionally equivalent components or parts, in the furnishing of replacement(s) for any Warranty Item. Seller’s warranty flows only to Buyer of the products. If the Seller chooses to replace the Product and is not able to do so because it has been discontinued or is not available, the Seller may replace it with a comparable product. Limitations. The foregoing warranty is limited, and does not extend to, and Seller shall incur no liability for: (a) lumen maintenance of the Products; (b) color shift of light output of the Products; (c) degradation or discoloration of the Product housing(s); (d) mechanical or cosmetic deterioration of the Products associated with normal wear and tear. For clarity and without limiting the generality of the foregoing, the foregoing warranty does not apply if a Product’s light module continuously generates light at any intensity, regardless of whether such intensity has decreased since the date of first use of such Product [(viz., warranty coverage only applies in the event that such light module generates no light or generates light intermittently)]. This limited warranty only applies when the product has been properly wired and installed and operated within the electrical values, operating range and environmental conditions provided in the Specifications. This warranty does not apply to damage or failure to perform arising as a result of any Acts of God or from any abuse, misuse, abnormal use or use in violation of any applicable standard, code, or instructions for use including those contained in the latest National Electrical Code, the Standards for Safety of Underwriters Laboratory, Inc., the Standards for the American National Standards Institute or, in Canada, the Canadian Standards Association. This Warranty shall become void in the event any repairs or alternations not duly authorized by the Seller in writing are made to the Product by any person. Buyer shall convey with each Product distributed to end users this LIMITED WARRANTY, and if Seller determines that the appropriate remedy for a defective product is refund of Buyer’s purchase price, Buyer shall refund to the end user (or arrange for the refund to the end user of) the full purchase price paid by the end user for such defective Product. With respect to Products sold to the Buyer by Seller but not bearing the Seller’s name or sub-brand name, SELLER MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, but will make available to the Buyer upon request but only to the extent permitted by law and relevant contracts, the warranties of the manufacturer of the relevant product. Exclusions; Buyer Indemnification. The foregoing warranty shall be void with respect to defective conditions or non- conformities of the Products resulting from: (a) modifications of Products not authorized by Seller; (b) misuse, neglect, accident or abuse, improper wiring, repairing, splicing, alteration, installation, storage or maintenance; (c) use in a manner not in accordance with Seller’s published operating specifications or instructions for the applicable Products; (d) Product defects caused by Buyer’s combination of the Products with equipment provided or manufactured by third party vendors (unless Seller is advised, in writing, of such proposed combination and Seller thereafter consents in writing to such combination); (e) breach by Buyer or its employees, partners to whom Buyer sold Product, contractors, representatives, agents or affiliates, (collectively, “Buyer Parties”) of any obligation herein; or (f) negligent use, application, installation or implementation of Product by any of the Buyer Parties. Buyer shall indemnify, defend and hold harmless Seller and its officers, directors, agents, employees, affiliates, representatives, successors, and assigns from and against all losses, liabilities, costs, and expenses (including, without limitation, attorneys’ fees) arising out of or in connection with claims by third parties for any loss, damage, or injury (including death) caused by or alleged to be caused by the circumstances described in this Section 5.4. Buyer shall not join, settle or otherwise attempt to affect or dispose of any such claim without Seller’s written consent. DISCLAIMER. THE EXPRESS WARRANTIES IN THIS SECTION 5 ARE THE ONLY WARRANTIES GRANTED BY SELLER AND THE REMEDIES IN THIS SECTION 5 ARE THE SOLE AND EXCLUSIVE REMEDIES FOR BREACH OF SUCH WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 5, SELLER MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AND SELLER EXPRESSLY DISCLAIMS ALL SUCH OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF QUALITY, CONDITION, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. No agent, employee, or representative of Seller has any authority to bind Seller to any affirmation, representation or warranty concerning goods sold by Seller and unless an affirmation, representation or warranty is specifically included herein or in Seller’s sales acknowledgement, it does not form a part of the basis of any bargain between Seller and Buyer and shall not be enforceable by Buyer.