A. Limited Product Warranty. Zylight LLC, an Ushio Group Company (“Zylight”), warrants to the original end user customer (“You” or “Customer”) of its products that its products are free from defects in material and workmanship under normal use for two (2) years from the date of purchase. All products covered by this warranty were manufactured after April 1, 2014, and bear identifying marks to that effect.
B. Warranty Exclusions. This warranty does not cover: (a) damage or failure caused by or attributable to acts of God, abuse, accident, drops, misuse, improper or abnormal usage, failure to follow instruction, improper installation or maintenance, alteration, lightning or other incidence of excess or reverse voltage or current, exposure to excess dampness or moisture; (b) removal of, or tampering with any attached stickers, decals, knobs, enclosures, protective windows, hardware, or fasteners; (c) use of power supply equipment, power adapters, or cables not supplied by Zylight for specific use with the equipment for which it was specified; (d) any unauthorized disassembly, repair, or modification; (e) cosmetic damage; (f) transportation, shipping, or insurance costs; (g) costs of product removal, installation, set-up, service adjustment, or reinstallation; (h) cracking, abrasion, scratching, coating wear, or breakage of protective windows or lenses; (i) abnormal mechanical or environmental conditions; (j) product that has been sold as second-hand; (k) product that has been transported, shipped, purchased, or resold contrary to US export regulations; (l) product that has been transported, shipped, purchased, or resold outside countries for which it has received electronic product compliance certification; (m) any product that has been used with any third-party product or hardware that has not been previously approved in writing by Zylight unless the applicable non-conformance with warranty would not have occurred but for the use with such third-party product or hardware; (n) any accessory supplied with products sold to the Customer; and (o) any maintenance, cleaning, or periodic check-up.
C. Customer’s Exclusive Remedy for Defective Products. In the event of a product defect during the warranty period, you must contact Zylight at the phone number or address listed in the product’s user manual or on the internet at www.zylight.com to obtain a return merchandise authorization (“RMA”) number. After obtaining an RMA number, send the product fully insured, with proof of purchase, to the address given to you by the customer service representative. Zylight will, at its sole option, repair or replace the defective product. Repaired or replacement parts and products are warranted for the remaining term of the original warranty period. All replaced parts and products become the property of Zylight. THE FOREGOING SETS FORTH THE CUSTOMER’S SOLE REMEDY AND ZYLIGHT’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED PRODUCT WARRANTY SET FORTH HEREIN.
D. Post Warranty Period Issues. You will be charged for materials and labor or replacement of the product after the expiration of the warranty period.
E. DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH HEREIN, (A) ZYLIGHT MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED; AND (B) CUSTOMER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY REPRESENTATION OR WARRANTY MADE BY ZYLIGHT, OR ANY OTHER PERSON ON ZYLIGHT’S BEHALF, EXCEPT AS SPECIFICALLY PROVIDED HEREIN.
F. LIMITATION OF LIABILITY. IN NO EVENT WILL ZYLIGHT BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UNDER ANY CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, FOR (A) ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES, AND (B) LOSS OF PROFITS, LOSS OF PRODUCTION, LOSS OF USE, LOSS OF BUSINESS OPPORTUNITIES, OR LOSS OF REVENUES; IN EACH CASE, WHETHER OR NOT THE POSSIBILTY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY THE CUSTOMER OR COULD HAVE BEEN REASONABLY FORESEEN BY THE CUSTOMER, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
G. Design Changes and Improvements. Zylight reserves the right to make changes in design and/or improvements upon its products without any obligation to include these changes in any products theretofore manufactured.