EOS Light Panel Systems, (“EOS” hereafter) warrants that EOS electronic LED Light Panels and LED Light Panel Systems, will be free from defects in materials or workmanship for a period of three (3) years.
This Warranty period shall commence on the date of shipment of the relevant products from EOS. The Warranty shall only be extended to the original purchaser of the products and/or to the first purchaser who is the end user of the products. EOS is not responsible for any auxiliary equipment or third party products not supplied by EOS.
This Warranty shall not apply to any damages caused as a result of force majeure, misuse or improper use of the products, faulty installation, poor electrical connections or negligence by any party other than EOS. In addition, this Warranty is not applicable to any EOS product improperly shipped, stored, installed, operated, and used, including, inter alia, shipping, storage, installation, operation and use otherwise than in accordance with one or more of the following:
(a) EOS specifications, including for maximum operating temperature, (b) EOS instructions and guidelines, including without limitation wiring diagrams, (c) remote applications using extended wire lengths beyond EOS recommended limits, (d) poor or loose connections, or faulty lamp holders, (e) applicable safety standards issued by the Underwriters Laboratory (UL), as well as the UL’s Conditions of Acceptability, (f) National Electric Code (NFPA NEC) standards, (g) the applicable standards of the American National Standards Institute (ANSI), and (h) applicable federal, state and local electrical codes. Moreover, this Warranty shall not apply if any one or more of the following applies to the unit giving rise to the claim: (i) any original EOS label or marking was partially or completely removed, covered, or altered; (ii) the unit was subjected to abnormal stresses or operating conditions; (iii) the unit had, at some time prior to the claim, not been fully paid for, or had otherwise be connected with Buyer’s breach of EOS General Terms and Conditions of Sale; and (iv) the Buyer is in arrears to EOS.
Disclaimer and Limitation
Except as stated herein, EOS disclaims all other warranties and conditions, whether express, implied or statutory, including merchantability and fitness for a particular purpose, with respect to the foregoing products to the maximum extent permitted by applicable law. In no event will EOS be liable to you or any third party for any indirect, consequential, special, punitive or exemplary damages, including, without limitation, damages for loss of business, loss of profits, business interruption or damages of associated equipment, loss of use of the EOS unit and associated equipment, cost of substitute products, costs of removal, installation, reinstallation, testing and evaluation or shipping arising out of the use, failure of, or inability to use the products, even if EOS has been advised of the possibility of such damages. EOS liability with respect to any claim of any kind for loss or damages arising out of or related to a breach of Warranty for a unit shall in no event exceed the actual purchase price of the specific unit giving rise to the claim.
Labor and other Warranty Costs
EOS is not liable for any labor costs, machine or equipment rental, or any other costs associated with product failure. EOS provides a parts only warranty and only accepts liability to repair or replace failed product and hereby expressly states that it is not in any way responsible for any other ancillary costs of product failure, named above or otherwise.
To Obtain Warranty Service
In the event that any of the warranted products fail to comply with the Warranty during the applicable Warranty period, please contact EOS to report the non-compliance and verify Warranty coverage. In the event that EOS issues a Return Merchandise Authorization (“RMA”) number, you must comply with the product return procedure and ensure that the RMA number accompanies the product. EOS may, in its sole discretion, repair or replace products determined to eligible for Warranty coverage, or may issue a credit for the purchase of replacement products.