Limited Product Warranty
Luminii products are warranted to be free of defects in material and workmanship for a period of five (5) years from the date of shipment for indoor rated products and for a period of three (3) years from the date of shipment for outdoor, wet location rated products. A claim under this Limited Product Warranty is the Buyer’s exclusive remedy for damages claimed as a result of Luminii products. Claims for defective products must be submitted in writing to Luminii’s Customer Service via email: email@example.com within the warranty period. If a product does have a defect, Luminii’s obligation is expressly limited to repair or replacement, without charge, at Luminii’s facility after prior written return authorization has been granted. This warranty shall not apply to products that have been altered or improperly used. Products that require a driver or a power supply must be used in conjunction with Luminii’s recommended power supply or driver to ensure safety and retain product warranty.
LIMITATION OF LIABILITY
The maximum limit of Luminii’s liability for or relating to any product is the price of the product. Luminii shall not be liable for any consequential, incidental, indirect, or contingent damages arising from use or failure of any product or otherwise, including but not limited to loss of use, lost profits, cost of removal, disposal, or installation of any replacement product or other product.
To the maximum extent allowed by law, Buyer shall defend, indemnify, and hold harmless Luminii against any and all claims, demands, actions, suits, proceedings, costs, expenses, damages, and liability, including without limitation attorneys’ fees, arising out of, in connection with, or resulting from the sale, possession, installation, use, operation, or return of the product.
Luminii shall not be required to furnish any products if prevented from manufacturing or delivering same by reason of any labor dispute, accident, fire, casualty, act of any government, or any other cause beyond its commercially reasonable control.
Interpretation and Forum Selection
Agreements relating to Luminii products (including but not limited to these Terms and Conditions) are to be governed by the laws of the State of Illinois, excluding its choice of law rules. Any dispute relating to Luminii products shall be litigated exclusively in the County and Federal courts located in Cook County, Chicago, Illinois and in no other jurisdiction or venue. Luminii and Buyer each consent to personal jurisdiction in Illinois and waive any objection to process based upon personal jurisdiction.
No Additional or Different Terms
Luminii’s obligation to provide products and otherwise perform is expressly conditioned on the Buyer’s acceptance of Luminii’s Terms and Conditions. Luminii expressly does not accept any additional or different terms proposed by the Buyer or any other party, and notification of objection to any different or additional terms in any response from Buyer is hereby given. If Luminii is deemed to accept Buyer’s offer, Luminii’s acceptance is expressly conditioned on the Buyer’s assent to any additional or different terms contained herein.