Warranty Term. Subject to the exclusions set forth below, Next Gen LED, Inc. d/b/a ProGrowTech (“PGT”) provides the following Limited Warranty:
- For LED light units, including the LED arrays, LED drivers, and integral control devices (collectively, “PGT Units”) to be free from defect in material and workmanship for a period of three years from the date of shipment from PGT facilities with standard warranty, or a for period of five years from date of shipment from PGT facilities if the purchaser elects to purchase the optional extended 5-year warranty.
- For dimmers and other PGT Unit controlling products (collectively, “Controllers”) to be free from defect in material and workmanship for a period of one year from the date of shipment from PGT facilities. (PGT Units and Controllers are referred to together as “PGT Products” herein).
LED arrays in PGT Units will be considered defective in material or workmanship only if (a) a total of 10% or more of the individual light emitting diodes in each spectrum of the PGT Unit fail to illuminate, or (b) any standard finish or coating on a product shows cracking, peeling, excessive fading, or corrosion defects during applicable warranty period.
Repair/Replacement. Warranty claims regarding PGT Products must be submitted in writing within 30 days of discovery of the defect or failure to an authorized PGT sales or customer service representative. No PGT Products will be accepted for inspection, verification, or return unless accompanied by a return merchandise authorization (“RMA”), which can be obtained only from an authorized PGT sales or customer service representative.
If a PGT Product fails to comply with the terms of this Limited Warranty, at PGT’s option, PGT will repair the PGT Product or replace it with a new or refurbished product that is the same or the functional equivalent. PGT Products may be required to be returned for inspection and verification of non-conformance by PGT. The repair or replacement of any PGT Product hereunder is the sole and exclusive remedy for failure of a PGT Product to comply with the terms of this Limited Warranty and does not extend the Limited Warranty period.
Exclusions. This Limited Warranty applies only to commercial sales through the PGT website or authorized distributors or retailers and only when the PGT Products are used in applications where ambient temperatures are within the range of intended operating temperatures. This Limited Warranty extends only to PGT Products as delivered to, and is for the sole and exclusive benefit of, the original end user of the PGT Products at the location of original installation. This Limited Warranty is not transferrable or assignable by the original end user. This Limited Warranty excludes labor and equipment required to remove or reinstall original or replacement parts.
PGT will not be responsible under this Limited Warranty for any failure of PGT Products that is a result of external causes, including but not limited to: acts of nature; physical damage; environmental conditions; vandalism; fire; insufficient electrical wiring or power supply; power failure, improper power supply, power surges or dips, or excessive switching; induced vibration; animal or insect activity; fault or negligence of purchaser, any end user of the PGT Products, or any third party not engaged by PGT; improper or unauthorized use, installation, handling, storage, alteration, maintenance, or service or failure to comply with any applicable codes or recommendations or instructions of PGT; failure resulting from use in conjunction with end user or third party-supplied products, processes, or materials; or any other occurrences beyond PGT’s reasonable control. PGT will also not be responsible under this Limited Warranty for any substantial deterioration in the fixture finish that is caused by failure to clean, inspect, or maintain the finish of PGT Products. If the PGT Units are used on existing foundations, anchorages, or structures, the end user is solely responsible for the structural integrity of such existing foundations, anchorages, or structures and all consequences arising from their use. Adequate records of operating history, maintenance, and testing must be kept by the end user and provided to PGT upon request to substantiate that the PGT Products have failed to comply with the terms of this Limited Warranty.
Disclaimer. THE FOREGOING WARRANTY TERMS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES SET FORTH IN PGT’S TERMS AND CONDITIONS AND PGT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING DIRECTLY OR INDIRECTLY TO THE PGT PRODUCTS, WHETHER ORAL, WRITTEN, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. NO AGENT, DISTRIBUTOR, OR OTHER SUPPLIER OF PGT PRODUCTS HAS THE AUTHORITY TO MODIFY OR AMEND THIS LIMITED WARRANTY WITHOUT EXPRESS WRITTEN AUTHORIZATION FROM PGT.
Limitation of Liability. The total liability of PGT on any and all claims of any kind, whether in contract, warranty, tort (including negligence), strict liability, or otherwise, arising out of or relating to PGT’s performance or breach of this Limited Warranty, or from PGT’s sale, delivery, resale, repair, or replacement of any PGT Products or the furnishing of any services, shall in no event exceed the purchase price allocable to the PGT 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 PGT 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 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 LIMITED WARRANTY OR OBLIGATIONS UNDER SUCH LIMITED WARRANTY.
Modification. PGT reserves the right to modify or discontinue this Limited Warranty without notice provided that any such modification or discontinuance will only be effective with respect to any PGT Products purchased after such modification or discontinuance. Except as set forth in this Limited Warranty, all other provisions in the applicable Terms and Conditions of Sale apply to any PGT Products.