Terms & Conditions
(a) Materials and Workmanship. iLLUMA-Drive Inc. (“IDI””) warrants its LED lighting products, including fixtures, controls, power products, sensors and any other products related to IDI’s lighting platform(s) (the “IDI Products”) to be free from defects in materials and workmanship for a period of ten (10) years from the date of manufacture. Making a claim of defect requires proof of purchase and proof that the defect results exclusively from defects in materials and/or workmanship. If an IDI Product fails to conform to this warranty, IDI will, at its option, either repair or replace the IDI Product.
(b) Exclusions. IDI shall have no responsibility for, and does not warrant against, any problems that occur as a result of misuse (including without limitation any Reverse Engineering efforts), unintended use, neglect, accident, abuse, alteration, improper installation, application, maintenance, monitoring, failure to follow product instructions, or negligent use, storage, transportation or handling, or where a product(s) has been repaired, or in any way tampered with. If IDI elects to repair a product, such repair will be done at IDI facilities and You shall be responsible for shipping the product to IDI at its request. These limited warranties do not cover any transportation costs for return of product, or for reshipment of any repaired or replaced product, or cost associated with installation, removal or reinstallation of product. These warranties exclude incidents of ordinary wear. Any repair or replacement of product will not operate to extend the term of the warranties. These warranties are transferable beyond the first end user of the IDI Product(s) provided the transfer is part of a sale of the site at which the IDI Products are installed and the IDI Products remain installed at the original site during the applicable warranty period. Any such transfer will not cause the beginning of any new warranty period, nor shall the original terms or warranty period of this warranty be extended by any such transfer.
(c) THIS SECTION SETS FORTH THE EXCLUSIVE REMEDY APPLICABLE TO THE IDI PRODUCTS, AND IDI’S EXCLUSIVE LIABILITY, FOR ANY BREACH OF THESE WARRANTIES AND ANY OTHER CLAIM DURING OR FOLLOWING THE APPLICABLE WARRANTY PERIOD BASED ON OR RELATED TO THE QUALITY OR FAILURE OF, OR DEFECT IN, THE IDI PRODUCT(S), WHETHER THE APPLICABLE QUALITY ISSUE, FAILURE OR DEFECT ARISES BEFORE, DURING OR AFTER THE APPLICABLE WARRANTY PERIOD, AND WHETHER THE CLAIM, HOWSOEVER INSTITUTED, IS BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. IDI MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND HEREBY EXPRESSLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
2. Limitation of Liability.
(a) In no event, on any basis, shall IDI or its employees be liable for any indirect, special, consequential, incidental or punitive damages, including, but not limited to, loss of profit or revenues, loss of use of the IDI Product(s) or any associated equipment, damage to associated equipment, cost of capital, cost of substitute product(s), facilities, services or replacement equipment, down time costs, or claims of your customers for such damages.
(b) In no event, on any basis, shall IDI’s liability in respect of the IDI Product(s) exceed the amount actually received by IDI for the specific IDI Product(s) which gives rise to the claim.
3. Warranty Claim Administration Process.
In order to make a warranty claim, the first end user must first contact the original direct or indirect seller. The making of a warranty claim requires proof of purchase and entitlement to warranty coverage prior to being entitled to receiving any warranty coverage.
4. No Reverse Engineering.
The first end user (or any transferee who acquires the site at which the IDI Products are installed) will not directly or indirectly reverse engineer, decompile, disassemble or otherwise attempt to derive any coding information, techniques, processes, algorithms, know-how or other information from any IDI Products (collectively, “Reverse Engineering”) or directly or indirectly permit or induce the foregoing. Any direct or indirect actual or attempted Reverse Engineering shall void the warranty provided hereunder. In addition, IDI reserves the right as it determines appropriate in the case of any direct or indirect actual or attempted Reverse Engineering, to: (i) make claim(s) for damages; and/or (ii) due to the fact that IDI Products have been developed at significant cost to IDI and have significant commercial value to IDI with the effect that Reverse Engineering may cause IDI irreparable harm for which damages may not be adequate compensation, seek order(s) of injunctive relief, which may include, but not be limited to the return of the equipment. In the event IDI obtains an order for damages and/or injunctive relief, IDI shall be reimbursed its costs for obtaining same (including without limitation, legal counsel fees).
5. No Label Tampering.
Any direct or indirect actual or attempted tampering by any person with an IDI label on an IDI Product (including without limitation modification, removal, or re-labelling) shall void the warranty provided hereunder. In addition, IDI reserves the right as it determines appropriate in the case of any such label tampering matters, to make claim(s) for damages and/or seek order(s) of injunctive relief, which may include, but not be limited to the return of the equipment. In each case where IDI is successful in its claim(s) and or injunctive relief order(s) IDI shall be reimbursed its costs for obtaining same (including without limitation, legal counsel fees).