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GENERAL WARRANTY TERMS AND CONDITIONS

GREENLUX FINLAND OY

 

  1. SCOPE OF APPLICATION

These General Warranty Terms and Conditions (hereinafter “Warranty Terms“) shall apply to Greenlux branded LED luminaires (hereinafter “Products”) purchased from Greenlux Finland Oy (Business Identity Code 2111187-7, Töölönkatu 8 E, 00100 Helsinki. hereinafter “Greenlux”) or from an authorized Greenlux reseller or distributor (hereinafter “Authorized Reseller”)

The warranty set forth herein (hereinafter “Warranty”) is only applicable to the party purchasing the products directly from Greenlux or from Authorized Reseller (hereinafter ‘Purchaser’). Warranty is given only if referred to in a sales agreement between Greenlux or Authorized Reseller and the Purchaser, and only to Products purchased as from September 2012.

If the Products have been purchased from an Authorized Reseller, the purchaser should contact directly such reseller or distributor.

  1. WARRANTY PERIOD

  1. Subject to the provisions as set forth herein, the warranty period for the Products will be 5 years (hereinafter “Warranty Period”)

  1. WARRANTY TERMS AND CONDITIONS

  1. Greenlux warrants that the Products comply with the technical specifications provided by Greenlux and will be free from defects in material and workmanship under normal and proper storage, installation, maintenance and intended use for the Warranty Period. The Warranty Period starts on the date of invoice.

  1. If any Product, which is covered by Warranty and is determined to be defective by Greenlux in its discretion (hereinafter “Defective Product”), is returned to Greenlux in accordance with, and subject to the Warranty Terms, Greenlux will repair the Product. In case the Defective Product cannot be repaired or if Greenlux otherwise so decides, Greenlux will either replace the Product or reimburse the purchase price as a sole remedy. Greenlux may in its sole discretion replace Product that is not available or has been discontinued with a comparable product (that can show small deviations in design and product specification). Defective Product shall become a property of Greenlux as soon as it has been replaced or reimbursed.

  1. Warranty does not apply, and Greenlux will not be responsible for damage or failure to perform arising as a result of any misuse, negligence, acts of God or accident or resulting from repairs, servicing or alterations made by any person or company other than Greenlux or its authorized subcontractor.

  1. Greenlux is in no event responsible and accepts no liability for any costs or expenses arising out of the original installation, removal or reinstallation of any Product, any engineering, architecture or similar related costs and expenses, any labor costs, or any other costs or expenses of any kind related to any such original installation, removal or reinstallation.

  1. Warranty will be void and shall not apply in the event of conditions demonstrating abnormal use or stress, including without limitation, supply spikes, under/over voltage/current conditions or excessive switching cycles. Greenlux does not provide any warranty regarding the compliance of Product with any local or foreign building codes.

  1. The warranties and remedies set forth in these Warranty Terms do not apply to any advice, assistance or services provided by Greenlux or any of its Authorized Resellers or subcontractors, with respect to which all express or implied warranties are hereby waived.

  1. Warranty given in these Warranty Terms is the only warranty given by Greenlux with respect to the Products and is given in lieu of all other warranties, express or implied, which are hereby waived and forever disclaimed, including but not limited to warranties of merchantability, non-infringement and fitness for a particular purpose. Descriptions, illustrations, warranties and performances possibly contained in Greenlux's catalogues, price lists, advertising material, technical specification documents or other materials do not form part of these Warranty Terms. Exclusive remedies for any defect or non-conformity of any Product are limited to those set forth herein.

  1. No agent, reseller, distributor or dealer is authorized to change, modify or extend these Warranty Terms on behalf of Greenlux, in any matter.

  1. Greenlux reserves the right to make the final decision on the validity of any warranty claim.

  1. These Warranty Terms shall be governed by and construed in accordance with the laws of Finland, excluding its choice of law provisions. The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded and shall not apply. All disputes, controversies or claims arising out of or in connection with Warranty shall be submitted to and be subject to the jurisdiction of the Helsinki District Court.

  1. WARRANTY CLAIMS AND RETURNS

  1. ALL WARRANTY CLAIMS MUST BE ADRESSED TO THE SELLER OF THE PRODUCT. CUSTOMERS, WHO HAVE PURCHASED THEIR PRODUCTS FROM AN AUTHORIZED RESELLER, SHOULD CONTACT DIRECTLY SUCH RESELLER OR DISTRIBUTOR.

  1. The Purchaser must notify the seller of the claimed defect in writing within 30 days after its discovery, specifying at least the following information (additional info may be required on request):

  • Details of the Defective Product(s) (pcs and model);

  • Installation date;

  • copy of the invoice; and

  • Detailed description of the claimed defect

  1. Products may not be returned unless demanded by the seller. In the event Products need to be returned, Purchaser must follow the instructions given by the seller. Seller may charge freight, testing and handling costs for returned Products that are not found to be Defective Products.

  1. LIMITATION OF LIABILITY

  1. An essential purpose of the limited exclusive liabilities and remedies in these Warranty Terms is allocation of risks between Greenlux and Purchaser, which allocation of risks is reflected in the purchase price for the Products. UNDER NO CIRCUMSTANCES SHALL GREENLUX'S LIABILITY ARISING OUT OF OR IN CONNECTION WITH PRODUCTS OR GREENLUX'S PERFORMANCE OR ASSERTED FAILURE TO PERFORM HEREUNDER, IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE PURCHASE PRICE OF THE PRODUCT TO WHICH SUCH LIABILITY RELATES.

  1. IN NO EVENT SHALL GREENLUX BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, BUSINESS OR GOODWILL, WHETHER OR NOT GREENLUX HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.