10YR - 50000HR Product Warranty

 

This Warranty Policy is included as part of the Purchase Agreement and is subject to the terms therein.

This warranty policy includes a “Non-Prorated” 100% replacement of any product fixtures, lamps or retrofit kits that are deemed defective during the periods indicated below.

 

TERM:
The respective duties, responsibilities and obligations of the Parties to this Warranty shall commence on the date of installation completion (the “Commencement Date”) and end 10 years or 50,000 hours after such Commencement date. This warranty is also transferable.

DUTIES AND RESPONSIBILITIES OF ECOLITE SERVICE MANAGEMENT:
In the event of a failure, EcoLite agrees to provide comparable or better LED lighting fixture and/or lamps (the “Equipment”) according to the Warranty, as covered within the scope of the Purchase Agreement. EcoLite will replace defective Equipment during the 10-year or 50,000-hour period, after the Commencement Date, if product has a greater than 15% failure of fixture or lamp diodes. EcoLite agrees to pay for shipping of replacement products to any location in the continental U.S. Lead times and actual delivery dates will depend on U.S. & Overseas inventory stock for each product. Labor shall also be included, only if Client has purchased the Bankers Warranty Extended Protection coverage equal to 15% of the product cost.

DUTIES AND RESPONSIBILITIES OF CLIENT:
Client will initiate all Equipment replacement by contacting EcoLite at (844) 533-7927.
Installation Requirement: All EcoLite equipment shall be installed by a State licensed electrician in accordance with all codes governing the said facility.

EcoLite will not be responsible for cost associated with:

  • Any damage resulting from or caused by earthquakes, earth movement, fire, hail, lightning, water, windstorm or similar acts of God.

  • Any damages resulting from or caused by aircraft, demolition, motor vehicle, riot, smoke, strike, vandalism or any acts of war or civil insurrection.

  • Any damage due to misuse, abuse, improper operation of the Equipment or circuit failure powering the Equipment.

  • Any dishonest or fraudulent action by, through, or on behalf of the facility by it agents, its personnel or others.

  • Any cost, expense, damage, or loss for which Client receives reimbursement or indemnification from insurance, Warranty or service contracts, and all costs, if any, for the maintaining of Equipment on any maintenance or Warranty contract.

  • Any cost and/or repairs associated with movement, relocation, installation or removal of Equipment, unless directly related to Corrective Maintenance and/or Preventive Maintenance of Equipment.

  • Any cost and/or repair and/or alterations associated with changes or upgrades required by insurance companies or by Federal, State, Municipal or other authorities; or any “wait time” charged by vendors for time awaiting access to Equipment needing Corrective Maintenance and/or Preventive Maintenance, unless approved by EcoLite.

  • Any cost or expense not within the scope of the Warranty or arising from or related to the Client’s breach of any representation.

    Changes/Additions/Deletions. Additions and deletions of Equipment to the Warranty Program must be mutually agreed upon in writing and signed by both Parties. Additions to any extended warranties, if offered, will be prorated and billed in full.

DEFINITIONS:

“Equipment” means only the lamps, tubes and fixtures described in the Purchase Agreement.

“Improvements,” “Overhaul,” “Upgrade,” “Retrofitting,” “Modifying,” “Replacement,” “Refurbishment,” or “Rebuilding” shall collectively include, but shall not be limited to, any and all maintenance, repair, modification, or addition or removal of any parts (whether in one service event or a series of service events) which: (a) are not required in order to make the Equipment functional or operational, even though such may increase, enhance, or improve efficiency, output, or production, or (b) are necessitated by failure to timely perform Preventive Maintenance as recommended by the manufacturer of the Equipment.

“Corrective Maintenance” means service incidents arising from an Equipment failure, which impairs the normal operation of the Equipment, provided that any such need arises from electrical or mechanical failure. Corrective Maintenance shall include removing obsolete or irreparable equipment from service and installing comparable energy efficient equipment in its place.

“Sub-contracted Service or Subcontractor” means any outside subcontracted service that the company may use in the performance of this WARRANTY No Liability for Consequential Damages. To the maximum extent permitted by applicable law, in no event shall EcoLite be liable for any damages whatsoever including, but not limited to, special, incidental, consequential or indirect damages for personal injury, loss of business profits, business interruption, loss of business information or any other pecuniary loss arising out of the services provided by EcoLite or any Subcontractor. In any case, EcoLite’s entire liability under any provision of this WARRANTY shall be limited to the actual cost of the initial repairs or parts to the Equipment.

Indemnification. Client assumes entire responsibility and liability for any claim or actions based on or arising out of injuries, including death to persons or damages to or destruction of property, sustained or alleged to have been sustained in connection with or arising out of or incidental to the performance of this WARRANTY by Client, its agents and employees, and its subcontractors, their agents and employees unless any of these particular incidences are caused by EcoLite. Client agrees to indemnify and hold harmless EcoLite and its representatives, and the employees, agents, invitees, and licensees thereof in respect of any such matters and agrees to defend any claim or suit or action brought against EcoLite, EcoLite’s representatives and employees, agents, invitees and licensees thereof unless any of the claims or actions referenced above are caused directly by ECOLITE INTERNATIONAL, LLC.