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GE Lighting Systems, Inc.
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Hendersonville, NC 28793-4506
FIVE YEAR FIXTURE FAILURE WARRANTY
(Limited Warranty)
(a) The General Electric Company (Manufacturer) warrants to Purchaser that the factory-installed electrical system (consisting of a core and coil ballast, starting aid, capacitor, socket, terminal board, photoelectric receptacle, and wiring) inside its HID lighting fixtures will be free from defects in material and workmanship for five (5) years from the date of manufacture, or five (5) years from the date that the fixtures are shipped from Manufacturer’s factory, whichever period Purchaser can substantiate; and that all other parts of such fixtures will be free from defects in material and workmanship for one (1) year from the date of manufacture. Manufacturer warrants that its other products will be free from defects in material and workmanship for one (1) year from the date of manufacture. Manufacturer’s products bear a date code from which the date of manufacture may be determined. The warranty set forth in this section (a) is inapplicable to lamps and photoelectric controls. All lamps and photoelectric controls shipped hereunder are subject to the applicable warranty (if any) of the company that manufactures such products. As used herein, the term “Purchaser” means a purchaser for resale or for use in business.
(b) If any of Manufacturer’s products fail to meet Manufacturer’s warranty, Manufacturer shall correct the defect (at its option) by shipping to Purchaser either the necessary repaired part or replacement part F.O.B. Manufacturer’s factory with freight allowed to destination within the continental United States, Alaska and Hawaii; provided that Purchaser promptly gives Manufacturer written notice of any defect within thirty (30) days after discovery, of the defect and, if required by Manufacturer, promptly arranges to make the product available to Manufacturer for inspection and possible correction. The warranty set forth in this document is VOID IF the products have not been properly stored, installed or maintained OR IF Purchaser fails to comply with any applicable instructions and recommendations of Manufacturer. No products may be returned until Purchaser has contacted Manufacturer and received a Return Material Authorization. Manufacturer shall not be responsible for any failure of its products which is the result of external causes, including but not limited to: natural catastrophe; power surges or failure; improper power supply; fault or negligence of the Purchaser or user; improper or unauthorized use, installation, handling, storage, alteration or service, or any cause other than a defect in the material or workmanship of the product itself.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES. THERE ARE NO OTHER WARRANTIES WHETHER STATUTORY, EXPRESS, OR IMPLIED (INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND ALL OTHER WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE) AND NO OTHER WARRANTIES SHALL APPLY. The provisions of this document constitute Manufacturer’s sole warranty and a Purchaser’s or user’s sole and exclusive remedy for failure of Manufacturer’s products to conform to the warranty specified in section (a) above. Manufacturer makes no warranty to those defined as consumers in the Magnuson-Moss Federal Trade Commission Improvement Act.
(c) The total liability of Manufacturer on any and all claims of any kind, whether in contract, warranty, ort (including negligence), strict liability or otherwise, arising out of, connected with, or from Manufacturer’s performance or breach of this warranty or from the manufacture, sale, delivery, resale, repair, replacement or use of any product, or the furnishing of any service, shall in no event exceed the price allocable to the specific product which gives rise to the claim; and any and all such liability shall terminate upon the expiration of Manufacturer’s applicable warranty period specified in section (a) above. If Manufacturer furnishes advice or other assistance which concerns any product, or any system or equipment in which any such product may be installed, the furnishing of such advice or assistance shall not subject Manufacturer to any liability, whether in contract, warranty, tort (including negligence) or otherwise. In no event whether as a result of breach of contract, warranty, tort (including negligence), strict liability or otherwise, shall Manufacturer be liable for labor charges, loss of profits or revenues, lack or loss of productivity, interest charges or cost of capital, cost of substitute equipment, systems services or products, cost of purchased or replacement power, downtime costs, damage to or loss of use of products or any related equipment, system or facility, or for special, consequential, incidental or punitive damages of any nature.