Microsoft Word - Obstruction Lighting Warranty.doc millersl

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Specifications	Microsoft Word - Obstruction Lighting Warranty.doc millersl
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Revised 5/30/2008 Tel: (732) 919-3119 Fax: (732) 751-5778 www.dialight.com Obstruction Lighting Product Warranty Dialight Cor

Specifications	Microsoft Word - Obstruction Lighting Warranty.doc millersl
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Content	Revised 5/30/2008 Tel: (732) 919-3119 Fax: (732) 751-5778 www.dialight.com Obstruction Lighting Product Warranty Dialight Corporation (“Dialight”) warrants to the original end-user (“Purchaser”) of “Dialight”-brand LED obstruction lighting (“Products”), that at the date of their purchase, “Products” will be free of defects in material and workmanship. 5 Year Warranty for Materials and Workmanship For a period of Five (5) years after the date of purchase, “Dialight”, at its sole option, will, itself, or through others, repair, replace or refund the price paid for “Product” that “Dialight” verifies as being inoperable due to original material or workmanship. What the Warranty Does Not Cover: This warranty does not cover (1) Product advice or assistance that “Dialight” furnishes as a courtesy, (2) removal or reinstallation of “Products”, or (3) defects or damage as a result of accident, modification, misuse, including but not limited to the operation at temperatures above or voltage levels outside the rated range, improper service or repair, abuse or abnormal use including, without limitation, improper storage and incorrect installation. Conditions of Warranties: It is a condition of these warranties that: (1) the “Purchaser” submit all claims of defect or light- emission degradation within the specified warranty periods, in writing and with detail; (2) return of “Product” is accompanied with a bill of sale or other evidence showing the date of purchase and identification of the original “Purchaser”; (3) the “Purchaser” prepay all freight, insurance and other transportation charges both to send “Product” to “Dialight” for warranty- coverage verification, repair, replacement or refund, and to return “Product” to the “Purchaser”; and (4) “Dialight” retains all repaired and replaced parts and “Products”. Warranty Limitations: In no event shall this warranty run to OEM or component-part buyers. All replacement “Products” are warranted only for the remainder of the original warranty of the “Product” replaced. Replacement “Products” will be equivalent in function, but not necessarily identical to, the replaced “Product”. Repair, replacement or refund as set forth in these warranties is the sole and exclusive remedy under these warranties or otherwise for “Product” defects or light-emission degradation. “DIALIGHT” DISCLAIMS ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, AND IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Covenants regarding patent infringement by Products are set forth in Dialight’s Terms of Sale. As such, any warranty with respect to infringement that may be provided by Section 2-312(3) of the Uniform Commercial Code or other law is hereby disclaimed. Damage Limitations: “DIALIGHT” IS NOT LIABLE FOR, AND HEREBY DISCLAIMS, ALL DAMAGES CAUSED BY ANY PRODUCT OR THE FAILURE OF A “PRODUCT” TO PERFORM, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS OR SAVINGS, UNDER ANY LEGAL THEORY, INCLUDING, WITHOUT LIMITATION, TORT (INCLUDING NEGLIGENCE AND STRICT “PRODUCT” LIABILITY) OR CONTRACT, SUSTAINED BY “PURCHASER” OR BY ANY OTHER PERSON. THIS LIMITATION CAN NOT BE WAIVED OR AMENDED BY ANY PERSON AND WILL BE EFFECTIVE EVEN IF “DIALIGHT” OR ITS REPRESENTATIVE HAS BEEN ADVISED OF, OR MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY MAY NOT APPLY TO DAMAGES RELATING TO PERSONAL INJURY OR DEATH IN JURISDICTIONS WHERE SUCH DAMAGES MAY NOT BE DISCLAIMED AS A MATTER OF LAW. How to Obtain Warranty Service: To obtain warranty service, “Purchaser” must obtain a Return Material Authorization (RMA) number from the Dialight’s Customer Service Group at (732) 919-3119.
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