Warranty

I.       Subject to the exclusions set forth below, Lighting Solutions Group LLC, dba SpecGrade LED (hereinafter “SpecGrade LED”) warrants its light emitting diode (LED) products (“SpecGrade Lights”) to be free from defect in material and workmanship (the “Limited Warranty”) for a period of ten (10) years on the LED arrays and 7-Years on the drivers. This Limited Warranty only applies to authorized commercial sales of SpecGrade Lights through its website, or through its authorized distributors. Warranty claims regarding SpecGrade Lights must be submitted to the Company in writing within thirty (30) days of discovery of the defect or failure.

II.      This Limited Warranty extends only to the original purchaser of the SpecGade Lights and only applies to SpecGrade Lights that remain at their original location. This Limited Warranty may not be transferred or assigned by the original purchaser under any circumstances.

III.      SpecGrade Lights will be considered defective in material or workmanship only if: (i) a total of 15% or more of the individual light emitting diodes in the SpecGrade Lights fail to illuminate.

IV.      EXCLUSIONS FROM COVERAGE: This Limited Warranty shall not apply in situations where the SpecGrade Lights are installed in applications in which ambient temperatures are not within the manufacture’s recommended range of operating temperatures. The SpecGrade LED Limited Warranty does not cover any failure of the SpecGrade Lights that are caused by acts of nature; environmental conditions; vandalism; fire; power failure, improper power supply, power surges or dips, or excessive switching; vibration; or animal or insect activity. The SpecGrade LED Limited Warranty does not provide coverage for failure resulting from the negligence of purchaser, any end user of the SpecGrade Lights or any third party. Additional exclusions from the SpecGrade LED Limited Warranty include improper or unauthorized use, installation, handling, storage, alteration, maintenance or service or failure to comply with any applicable codes and/or recommendations or instructions of SpecGrade LED or any other occurrences beyond SpecGrade LED’s reasonable control. SpecGrade LED does not warrant minimum or maximum levels of required light for specific applications and does not guaranty specific yields or growth of plants. SpecGrade LED is not responsible for crop yields or any issues that could adversely impact the success of a crop or its yield, including, but not limited to, water evaporation, soil conditions, pest control or damage from UV light.

V.      SpecGrade LED will not be responsible under this Limited Warranty for any material deterioration in the fixture finish that is caused by the end-user’s failure to properly clean, inspect or maintain the SpecGrade Lights. If the SpecGrade Lights are used on existing foundations, anchors or structures, the end user is solely responsible for the structural integrity of such existing foundations, anchors or structures and all consequences arising from their use. An end user making a claim under this Limited Warranty may be required to provide written records of operating history, maintenance, and/or testing of the SpecGrade Lights to substantiate eligibility for coverage under this Limited Warranty.

VI.     If the SpecGrade Lights fail to comply with the terms of this Limited Warranty, at SpecGrade LED’s sole option, SpecGrade LED will either repair or replace a qualifying defective product with a new or refurbished product of the same – or functionally equivalent – light or component part. This Limited Warranty excludes labor and equipment required to remove and/or reinstall original or replacement parts, which shall be the sole responsibility of the customer. The repair or replacement of any products or component parts within the SpecGrade Lights within the applicable Warranty Period is an end-user’s sole and exclusive remedy under this Limited Warranty.

VII.     An end user making a Limited Warranty claim may be required to return the SpecGrade Lights for inspection and verification of non-conformance by SpecGrade LED. All returns must be accompanied by an RMA (Return Merchandise Authorization number) which can be obtained only from an authorized SpecGrade LED customer service representative. Returns without a return authorization number will be sent back to the customer at the customer’s sole cost and expense.

VIII.    THE FOREGOING LIMITED WARRANTY TERMS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, AND SPECGRADE LED EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING DIRECTLY OR INDIRECTLY TO THE SPECGRADE LIGHTS, 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 SPECGRADE LED LIGHTS HAS THE AUTHORITY TO MODIFY OR AMEND THIS LIMITED WARRANTY WITHOUT EXPRESS WRITTEN AUTHORIZATION FROM SPECGRADE LED.

IX.      The total liability of SpecGrade LED with respect to 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, SpecGrade’s failure to comply with the terms of this Limited Warranty, or from the sale, delivery, resale, repair, or replacement of any SpecGrade Lights, shall in no event exceed the purchase price paid for the SpecGrade Lights giving rise to a specific claim. Further notwithstanding, any and all such liability of SpecGrade LED shall terminate upon the expiration of the Limited Warranty period specified above.

X.      IN NO EVENT SHALL SPECGRADE LED BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF THE CUSTOMER IS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER AS THE RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER CLAIM, INCLUDING WITHOUT LIMITATION, COSTS FOR LABOR OR EQUIPMENT REQUIRED TO REMOVE AND/OR REINSTALL ORIGINAL OR REPLACEMENT PARTS, LOSS OF 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 SPECGRADE’S OBLIGATIONS UNDER SUCH LIMITED WARRANTY.

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