Conditions of Sale — Warranty and Obligations
Warranty and Obligations:
The following is exclusive and in lieu of all other warranties, whether express, implied or statutory including, but not by way of limitation, any warranty of merchantability of fitness for any particular purpose.
Cost Less Lighting, Inc. warrants to the customer for resale only that Cost Less Lighting, Inc. is free from defects in materials and workmanship. The obligation of Cost Less Lighting, Inc. under this warranty is expressly limited to repair or replacement without charge; at the sole option of Cost Less Lighting, Inc. of defective products at Cost Less Lighting, Inc. factory within a period of five years (5) from the date of shipment of products, three years (3) for ballasts and LED products including LED lamps and one year warranty on all other lamps and only after Cost Less Lighting, Inc. has issued a Return Materials Authorization to customer for the products.
All DLC Listed products come with a 5 Year Warranty.
This warranty does not apply to Cost Less Lighting Inc. products which have been altered or repaired outside of Cost Less Lighting, Inc. factory or which have been subjected to neglect, abuse, misuse or accident (including shipping damages). This warranty also does not apply to products not manufactured by Cost Less Lighting, Inc. which have been installed and used in conjunction with Cost Less Lighting, Inc. products.
Cost Less Lighting, Inc.’s warranty does not apply to any items nor does it apply to any other component part or accessory manufactured by another manufacturer. Any warranty regarding such components is made by the manufacturer of the components, and customer shall direct all claims to the component manufacturer.
Limitations of Liability
In no event shall Cost Less Lighting. be liable for special, indirect, incidental, or consequential damages (regardless of the form of action, whether in contract, strict liability, or in tort including negligence) nor for lost profits; nor shall the liability of Cost Less Lighting, Inc. For any claims or damage arising out of or connected with this agreement or the manufacture, sale, delivery, use, maintenance, repair or modification of the products, or supply of any replacement parts therefore, exceed the purchase price of the products.
This limitation of liability shall apply to any liability for default under or in connection with the products, parts, or services delivered hereunder whether based on warranty, failure of or delay in delivery, or otherwise. No labor charges will be accepted without prior written approval of Cost Less Lighting, Inc. This clause shall survive failure of an exclusive remedy.