STANDARD TERMS AND CONDITIONS FOR NORTH AMERICA LIGHTING

WARRANTY

North America Lighting serves as a master distributor and sales rep for the companies and brands that it sells in the United States market. North America Lighting extends any and all product warranties directly from the companies and brands for their respective products on all transactions booked through North America Lighting. No additional warranty, express or implied, is provided. No person, agent or distributor is authorized to give any other warranty on behalf of North America Lighting. Please consult North America Lighting for warranty terms for each company or brand.

PRICING

Prices are subject to change without notice. Orders delayed or requesting shipment more than six months after the initial order is placed may be subject to changes in price. Unless otherwise specified, all prices exclude lamps. Prices on quotations are valid for 30 days unless otherwise agreed to in writing. For projects where approved shop drawings are required, prices quoted may change subject to drawings being received and reviewed.

CHANGES AND CANCELLATIONS

All approved orders are considered non-cancelable unless written consent is issued by North America Lighting. A cancellation fee may apply based solely on North America Lighting’s discretion. A cancellation fee would be based on costs incurred by North America Lighting prior to notice of request to cancel. Changes to orders released to production may be accepted at North America Lighting’s sole discretion.

MINIMUM BILLING

North America Lighting has no minimum billing or order amount.

FREIGHT ALLOWANCE

North America Lighting serves as a master distributor and sales rep for the companies and brands that it sells in the United States Market. Freight allowance will vary by company and brand and is always subject to confirmation by North America Lighting to purchaser. Delivery point varies by company/brand. Unless otherwise noted on the quote or order confirmation, no freight allowance is provided.

CLAIMS

All products are shipped at purchaser’s risk. Responsibility for any product damage/failures incurred during shipment is transferred to the transportation company upon pickup, and title passes to the purchaser upon delivery by us to carrier. All claims for damages or shortages in transit shall be made by the purchaser directly with the carrier. All other claims, including those for quality failures, damages, or missing parts, must be made in writing to North America Lighting within 15 days of receipt of shipment.

RETURNS

Products may be returned only with a written RGA (returned goods authorization) from North America Lighting. Returned shipments must be prepaid and in the original cartons/packaging. There will be no charge for products deemed defective in material or workmanship when the authorized return is processed pursuant to warranty terms from the respective company or brand issuing warranty and within the warranty period. Custom fixtures are non-refundable.

TERMS

Unless otherwise noted, all orders require 50% deposit at the time of order release, and balance due prior to final shipment. All orders are subject to acceptance by North America Lighting.

SHIPPING DATES

Shipping dates given by North America Lighting are estimates only and should not be considered fixed or guaranteed. North America Lighting shall not be held responsible for any damages, penalties, or charge backs of any kind resulting from delayed shipments or its inability to ship by the acknowledged date. Goods cannot be returned and orders may not be cancelled for failure to meet estimated delivery dates.

MANUFACTURER WARRANTY INFORMATION

CDS Lighting - Warranty

CDS Lighting Five­Year Limited Warranty

CDSLighting.com warrants its Products will be free from defects in material and workmanship for 5 (five) year from the original date of purchase by the Original Purchaser.

If any of the warranted Products are found by CDSLighting.com to be defective in normal use, such Products
will, at CDSLighting.com’s option, be replaced, repaired or made appropriate adjustment at
CDSLighting.com’s cost. The parties hereto expressly agree that Original Purchaser’s sole and exclusive remedy against CDSLighting.com shall be for the repair, replacement or refund of defective products as provided herein. This warranty does not cover labor or other costs or expenses to remove or install any defective, repaired or replaced Product.

This warranty does not apply to any products that have been subjected to misuse, mishandling, misapplication, unusual use (including but not limited to use in an environment where the annual average ambient operating temperature is below ­3 or above 37 degrees Celsius), neglect (including but not limited to improper maintenance), accident, acts of god such as high winds, improper installation or care, incorrect bulb wattage, failure to follow the Product’s written instructions for normal use and care, improper packaging of products returned to CDSLighting.com, modification (including but not limited to use of unauthorized parts or attachments), or adjustment or repair. Significant product exposure to chemicals, harsh cleaners, salt water or salt air will void any and all warranties on exterior finishes. This warranty only applies when all components, including transformers, have been provided by CDSLighting.com. Substituting another manufacturer’s product and/or components will render the warranty completely void. The finish on outdoor polished brass products or non­LED light bulb is excluded from the terms of this warranty. LED bulbs and LED strips are warranted for three (3) years.

This warranty is not transferable whether to heirs, subsequent owners, or otherwise. No affirmation of CDSLighting.com, by words or action, other than as set forth herein shall constitute a warranty.

If you believe that you have a warranty claim, contact CDSLighting.com by sending an email to service@cdslighting.com. Please be sure to provide all pertinent information regarding your claim, including a complete description of the problem, the product, model number and the date the product was purchased. Also include the copy of your original order confirmation.

THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE OR INFRINGEMENT. BUYER SHALL IN NO EVENT BE ENTITLED TO, AND CDSLIGHTING.COM SHALL NOT BE LIABLE FOR, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, TO LOSS OF PROFIT, PROMOTIONAL AND/OR MANUFACTURING EXPENSES, OVERHEAD, INJURY TO REPUTATION AND/OR LOSS OF CUSTOMERS.

Lighting Elements - Warranty

LIGHTING ELEMENTS LED WARRANTY

COVERAGE

Products covered by this warranty include all Lighting Elements branded LED luminaires supplied by North America Lighting, Manassas, VA.

The warranty is valid for the overall lighting system, consisting of the LED fixture, the driver, and the electronic control gear.

The warranty is in effect for a standard period of 5 years from the date of shipment (the final invoice date) from North America Lighting.

INCLUSIONS

Lighting Elements warrants to the Purchaser that each Product supplied and sold by it will be free of defects in material and workmanship in its intended use (normal wear and tear excepted) for the period of 5 years from the date of shipment to the Purchaser. Lighting Elements warranty flows only to Purchaser. If any Product covered by covered by this warranty is returned by Purchaser in accordance with Lighting Elements Return Policy, within the applicable warranty period set forth above, and upon examination Lighting Elements determines to its satisfaction that such Product was defective in material or workmanship at the time of delivery to the Purchaser, Lighting Elements will, at its option, repair or replace the Product or the defective part thereof.

If Lighting Elements chooses to replace the Product and is not able to do so because it has been discontinued or is not available, Lighting Elements may replace it with a comparable product. Where defects in materials, manufacturing or design cause the product/solution failure, they shall be repaired or replaced (at Lighting Elements discretion) according to the most practical resolution for the customer. Shipment related to resolving the warranty claim (products to customer/site, samples back from customer/site to Lighting Elements) is included in the agreed conditions.

EXCLUSIONS

This is a limited warranty and excludes installation and consequential damages (such as loss of revenue/profits, damage to property or other extended costs not previously mentioned) and is further defined by the limitations and conditions below.

Lighting Elements shall not be liable for any loss of use of the equipment, inconvenience, or any other damages, whether direct, indirect, incidental or consequential resulting from the use of this product or aspiring out of any breach of this warranty. The limited warranty and remedies set herein are exclusive an in lieu of all other warranties whether statutory, express, or implied including all warranties of merchantability and Fitness for particular purpose and all warranties arising from course of dealing or usage of trade. No person, agent, distributor, dealer or company is authorized to change, modify, or extend the terms of this limited warranty in any matter whatsoever.

Lighting Elements will facilitate technical resolution of problems, but does not warrant 3rd party products sold with the installation, unless a full back-to-back support agreement is made with the supplier. Unless expressly arranged through Lighting Elements, 3rd party warranty coverage must be managed by the supplier offering the warranty, based on a contractual agreement with the supplier. For purposes of clarity, “repair or replace the Product or the defective part thereof” does not include any reinstallation costs or expenses, including without limitation labor costs or expenses.

This limited warranty does not cover the following:

  • Product failure caused by faulty power supplies, overheating caused by improper installation, omission of parts or misapplication.

  • Failure caused by fires, misuse, accidents, abuse, neglect, mishandling, misapplication, improper handling/installation incurred by the user/installer, or Acts of God (such as lighting or fluctuations in electrical power).

  • Products which have been modified or have had the certification label altered, defaced, or rendered illegible

  • Products is left operating in conditions/requirements other than those mentioned in respective product

    brochures or user manuals.

  • The product has been serviced by personnel not authorized by Lighting Elements.

    LIMITATIONS AND CONDITIONS

    Products/Solutions should be used within their specifications (e.g. temperature, water ingress, and other extreme conditions, indoor/outdoor, mounting condition, etc) and according to application guidelines. Warranty becomes void if the product is mis-applied. Warranty will also be voided should the customer fail to appropriately maintain their installation.

    This warranty applies only to the repair or replacement of the product and only when the product is properly handled, installed, and maintained according to Lighting Elements instructions. Purchaser must notify Lighting Elements in writing within 30 days of noticing the defect.

    This policy does not warrant consumables such as lamps or LED lamps which are part of the product and other generally replaceable consumable items. Such items may carry a separate warranty which may differ from this policy. Manufacturer reserves the right to make the final decision on the validity of any guarantee claim.

Orbit Illuminations - Warranty

TERMS AND CONDITIONS OF SALE.

WARRANTY:

Merchandise is manufactured according to our high standards and warranted to be free from defects in material and workmanship for one (1) year from the date of shipment unless stated otherwise (ex. specification sheets). During this period we will repair or replace, free of charge, such merchandise that proves to be defective. This warranty does not apply to products damaged due to accident, tampering, misuse, abuse, or improper installation and in no event shall Orbit’s obligation under this warranty extend beyond the initial cost of products. Orbit Illuminations will not accept any labour, repair or transportation cost without the written consent of Orbit Illuminations. The purchaser acknowledges and agrees that Orbit Illuminations Inc. in no event be responsible to purchaser or any third party for any claims, whether direct, indirect, damages, expenses, loss of profits arising out of the use of the products. Products must be installed by a certified electrician for the warranty to be valid.

LED WARRANTY:

Merchandise is manufactured according to our high standards and warranted to be free from defects in material and workmanship for five (5) years from the date of shipment unless stated otherwise. The LED warranty only pertains to the “components” part of the LED luminaire, LED boards and drivers only.During this period we will repair or replace, free of charge, such “components” that proves to be defective. This warranty does not apply to products damaged due to accident, tampering, misuse, abuse, or improper installation and in no event shall Orbit’s obligation under this warranty extend beyond the initial cost of products. Orbit Illuminations will not accept any labour, repair or transportation cost without the written consent of Orbit Illuminations. The purchaser acknowledges and agrees that Orbit Illuminations Inc. in no event be responsible to purchaser or any third party for any claims, whether direct, indirect, damages, expenses, loss of profits arising out of the use of the products. Products must be installed by a certified electrician for the warranty to be valid.

COMPONENT WARRANTY

Orbit Illuminations will warrant defective components (LED drivers,ballasts, LED chips, LED lamps) based on the component manufacturers warranty from the date of purchase.Orbit Illuminations Inc. will not accept any labour charges or transportation fees for replacement of components. This warranty does not apply to products damaged due to accident, tampering, misuse, abuse, or improper installation and in no event shall Orbit’s obligation under this warranty extend beyond the initial cost of products.

DAMAGE POLICY:

All shipments are packed with care. Orbit Illuminations Inc. is not responsible for any damages to merchandise occurred in transit. It is the responsibility of the carrier, therefore claim must be filed with carrier. We shall be glad to assist you in every possible manner in collecting your claim for loss or damage. The purchaser must save the carton and all interior packaging for inspection by the carrier. All packages are shipped with carrier’s standard insurance ($100 value included). Additional insurance on shipments will be obtained upon request in writing from purchaser. The cost of the additional insurance is not included.It is the receiver’s responsibility to inspect shipments upon delivery. All defective merchandise or missing items must be reported within 14 days of receipt of shipment.

RETURN POLICY:

No returns will be accepted without prior approval and issuance of Return Merchandise Authorization (RMA) by Orbit Illuminations. All shipping charges on returned merchandise must be prepaid by purchaser. Orbit Illuminations Inc. will not accept any collect or C.O.D. deliveries on said return. Products returned due to error in Purchase Order or no longer wanted by the purchaser will be subject to a 50% restocking charge. Product must be in it’s original packaging. No returns on modified, custom made or special ordered merchandise. All returns are subject to inspection. Request for return must be made within 60 days of receipt of shipment, after this period no returns will be accepted.

Esko Design - Warranty

This document sets out the warranty policy of the Esko Design ApS from which you (‘Purchaser’) purchase your professional indoor luminaries.

This warranty policy only applies if referred to in a sales agreement between Esko Design ApS and the Purchaser and it will replace the standard warranty clause provided in the Esko Design ApS general terms and conditions of sale.

A. Warranty period

Subject to the provisions as set out in the Warranty Terms and Conditions, Purchaser receives the warranty for the applicable period, as described.
Luminaries warranty

LED SPECIFICATION
Luminaries with LED striplightsouce ,integrated driver Luminaries with LED board lightsource ,integrated driver

B. Special conditions

5 Years 5 Years

The warranty period starts on the date of invoice. The warranty period is based on a burning behavior of max. 4000 hours/year. In case of more than 4000 hours/year, the warranty period will be adjusted pro-rata.

This warranty policy is only valid when products are properly installed and operated in application conditions as specified in the product datasheet.
Proof of purchase for the Products is available for inspection by Esko Design ApS.
The Products have been properly installed and operated in accordance with the manufacturer’s instructions.

Adequate records of operating history are kept and available for inspection by Esko Design ApS
A Esko Design ApS representative will have access to the defective Products. If the Products or other parts

become suspect, the representative shall have the right to invite other manufacturers’ representatives
to evaluate the lighting systems. Labor costs for (de)-installation of the Products are not covered under this warranty.

1. Limited Warranty

This warranty shall only apply to Esko Design ApS branded lighting products sold by Esko Design ApS (hereinafter referred to as ‘Product’). The warranty is only applicable to the party purchasing the products directly from Esko Design ApS (hereinafter referred to as: ‘Purchaser’).

Esko Design ApS warrants that each Product will be free from defects in material and workmanship. The foregoing warranty shall be valid for the period mentioned in the applicable warranty policy for the Products referred to in your sales agreement. If a Product fails to operate in accordance with this warranty Esko Design ApS will provide a free replacement of the failed Product subject to the applicable warranty policy and the limited warranty terms and conditions set out below.

2. Terms and Conditions

• Esko Design ApS ’ warranty flows only to Purchaser. If any Product covered by this warranty is returned by Purchaser in accordance with section 3 and within the applicable warranty period set out in the warranty policy and on examination Esko Design ApS determines to its satisfaction that such Product failed to satisfy this warranty, Esko Design ApS will, at its option, repair or replace the Product or the defective part thereof, or reimburse Purchaser the purchase price. For purposes of clarity, ‘repair or replace the Product or the defective part thereof’ does not include any removal or reinstallation activities, costs or expenses, including without limitation, labor costs or expenses.

If Esko Design ApS chooses to replace the Product and is not able to do so because it has been discontinued or is not available, Esko Design ApS may refund the purchaser or replace the product with a comparable product (that can show small deviations in design and product specification).

No agent, distributor or dealer is authorized to change, modify or extend the terms of the warranty on behalf of Esko Design ApS .

This 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, application guidelines, IEC standards or any other document accompanying the Products.

If a Product is found to be defective, or not performing in accordance with the product specifications, the Purchaser must notify Esko Design ApS in writing.

Esko Design ApS will facilitate the technical resolution of problems. Third party products sold by Esko Design ApS are not covered under this warranty, except as indicated in section 5. This warranty does not apply to damage or failure to perform arising as a result of any abuse, misuse, abnormal use or use in violation of any applicable standard, code or instructions for use, including without limitation, those contained in the latest safety, industry and/or electrical standards for the relevant region(s).

This warranty shall be void in the event any repairs or alterations not duly authorized by Esko Design ApS in writing, are made to the Product by any person. The manufacturing date of the product has to be clearly readable. Esko Design ApS reserves the right to make the final decision on the validity of any warranty claim.

If requested by Esko Design ApS, the non-conforming or defective Products shall become Esko Design ApS ’ property as soon as they have been replaced.

3. Warranty Claims

All warranty periods mentioned are subjected to a Esko Design ApS representative having access to the Product or system for verification of non-compliance.

Warranty claims have to be reported and returned to the Esko Design ApS office within 30 days after discovery, specifying at least the following information (additional information may be required on request):

Details of the failed Products; and for System warranties also details of other components used; Installation date and invoice date;
Detailed problem description, number and % of failures date-code of failure;
Application, hours burned and number of switching cycles;

Where a warranty claim is justified, Esko Design ApS will pay for freight expenses. Esko Design ApS may charge Customer for returned Products that are not found to be defective or non-conforming together with the freight, testing and handling costs associated therewith.

4. No implied or other warranties

The warranty and remedies contained in this warranty are the only warranties given by Esko Design ApS with respect the Products and are given in lieu of all other warranties, whether express or implied, including without limitation warranties of merchantability or fitness for a particular purpose, which warranties are hereby disclaimed. These terms and conditions state Esko Design ApS ’ entire liability and obligation to Purchaser and Purchaser’s sole and exclusive remedy in connection with defective or non-conforming Products supplied by Esko Design ApS to Customer, whether or not such damages are based on any warranty not explicitly mentioned in these terms and conditions, tort, contract or any other legal theory, even if Esko Design ApS has been advised or is aware of such defects.

5. Limitations and conditions

This is a limited warranty and excludes, among other items, installation, providing access to products (scaffolding, lifts, etc.), and special, incidental and consequential damages (such as loss of revenue/profits, damage to property or other miscellaneous costs not previously mentioned), and is further defined by the limitations and conditions set forth in the respective warranty policy and these terms and conditions.

Upon request Esko Design ApS ,’ representatives shall be allowed access to the defective Product, system or application for verification of non-compliance.

Esko Design ApS cannot be held liable for electrical supply conditions, including supply spikes, over-voltage/under- voltage and Ripple. Current control systems that are beyond the specified limits of the products and those defined by relevant supply standards (e.g. EN 50160 norms).

With respect to products sold to the Purchaser by Esko Design ApS , but nonbearing the Esko Design ApS name or sub-brands, Esko Design ApS 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 Purchaser upon request, but only to the extent permitted by law and relevant contracts, the warranties of the manufacturer of the relevant product.

esse-ci - Warranty

Esse-ci S.r.l products – General Warranty Conditions

1. Products

This warranty is apply to all the standard luminaires supplied by ESSE-CI displayed on a current catalogue or customized products derived from the standard. The warranty covers both the LED’s products and the traditionala ones including the componets, except as provided by the pargraph 7 below.

Warranty Conditions.

The Warranty is valid provided that:

The Product is installed by qualified technical staff down to a fine arte according to the regulations and directive on electrical equipment in buildings and compliance with the installation instructions sheet on the box of the products or downloadable from the website;
The Product is used according the technical specification defined for the product itself and for its use as indicated on the installation instructions sheet, catalogue or technical sheet;
The product is mechanically loaded exclusively according the intended use.
The product operates within the temperature and voltage provided for it
Maintenance and/or fixing is done by specialized technical staff according with Esse-ci indications
Modification and/or replacement are made only in case of Esse-ci authorization
Product is balanced according with conditions settled for this specific items
The product dysfunction is promptly report as mentioned on point 4, Guarantee Execution

Warranty Limits

Warranty is void in case of only one condition of previous point is not complied

4. Warranty Execution

Warranty covers properly recorded faults and defects of products that have to be considered dangerous or executive design, production and assembling malfunctions.

Item warranty consist of fixing and replacement of elements consider defective and by Esse-ci own discretion.

Faults and defections that exceed nominal percentage of product. Defective nominal duration and/or percentage are mentioned on technical documentation.

Each defections have to be report by Certified mail postacertificata@pec.esse-ci.it within 10 working days form display of it, otherwise warranty will fall. Warranty cover replacement (with similar or equivalent item) or defective product and/or elements fixing (also with regenerate parts)

with the aim of rebuild optimal general working conditions. In both case the same warranty term will be valid and not consider renewed.

5. Exclusion of Warranty

It has to be excluded from this Warranty:

Malfunctions due to lack of Product maintenance;
Replacement or fixing labor costs and related delivery costs;
Every costs not included on point 4 “Warranty Execution”;
Damage caused by delivery, not adequate environment use or repairing and fixing executed by not specialized technical staff
Damage caused by atmospheric events
Emergency battery kits, installed in every items available on catalogue. For those the warranty is one year
Elements effective by normal wear or plastic elements that can be bleached or cracked during normal aging

6. LED technology deviation

Due to LED evolution and LED module technical development and also physiological variation of flux and color light that existing installed LED module can have during the working, after LED replacement or later then first supply LED components replacement, smallest modification on light characteristics can be found.

7. Warranty duration

STANDARD WARRANTY

Standard Warranty is valid, for all Esse-ci brand items, for two years from purchase date, according the Italian law (DLL 24 dated 02/02/2002 , CE 1999/44). Products covered by Standard Warranty are the ones named conventional or traditional (using mainly old generation source such as fluorescent, halogen and discharge lamps).

PREMIUM WARRANTY

Customers that use LED technology products, Esse-ci enlarge the warranty till 5 years or for duration of 50.000 hours from date of purchase.

CUSTOM WARRANTY

Warranty extension over STANDRD and PREMIUM will be granted on special request to Esseci that will evaluate according to product, application and extension term and it will be subject of special contract of CUSTOM WARRANTY.

8. Law in force

These commercial warranty conditions aren’t exclusion, limitation or modification of customer rights resulting from conformity legal warranty. For any legal basis, during execution of warranty service we are responsible only for terms mentioned on our general sales conditions and for terms in force at the moment of warranty execution: in all others case every damage responsibility has to be excluded.

The present warranty is regulated by Italian law, except for Convention on Contracts for the International Sale of Goods (CISG).

The jurisdiction for all disputes arising from this warranty is to Padova Italy.

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