WarrantyArchitectural Safety Components, LLC (“ASC”) warrants to you, the original retail purchaser (“Consumer”), that this LELU™ Exit Sign (“Product”) will be free of defects in workmanship and materials for a period of five (5) years from date of original purchase. Consumer’s sole and exclusive remedy, and ASC’s sole and exclusive responsibility under this warranty will be, at ASC’s option, either to repair or replace the defective Product during the five (5) year limited warranty period. Any replacement may be, at the option of ASC, a new or remanufactured Product. If ASC, in its sole discretion, determines it is not reasonable to replace the defective Product, ASC may refund to Consumer the purchase price paid for the Product.
The forgoing warranty is limited and is not applicable to: (i) normal wear and tear; (ii) defects or damage caused by misuse, accident (including without limitation collision, fire and the spillage of food or liquid), neglect, abuse, alteration, unusual stress, modification, improper or unauthorized repair, installation, wiring, or testing, improper storage, use in an unapproved device or if the serial number has been removed; (iii) use not in accordance with the documentation; (iv) damage caused by the equipment with which the Product is used; and (v) any Product used outside of the U.S.A.
To obtain warranty service for any Product that is subject to the foregoing warranty, Consumer must notify ASC to obtain a Return Material Authorization (“RMA”) and return the defective Product together with proof of purchase to the address specified by ASC in connection with the RMA. Consumer must pay any initial shipping charges required to ship the Product for warranty service, but the return charges will be at ASC’s expense, if the Product is repaired or replaced under warranty. Any Product returned to ASC without an RMA or without proof of purchase will be returned to Consumer at Consumer’s cost.
The limited warranty extends only to Consumer and is not assignable or transferable to any subsequent purchaser or user. THE LIMITED WARRANTY SET FORTH ABOVE IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES AND ASC HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUALITY AND TITLE. ASC DOES NOT WARRANT THAT THE PRODUCT IS ERROR FREE OR THAT IT WILL FUNCTION WITHOUT INTERRUPTION. To the extent ASC may not, as a matter of applicable law, disclaim certain implied warranties, the duration of any such implied warranty shall be limited to the shorter of the one (1) year limited warranty period or the minimum time period permitted under such law. Some states do not allow limitations on the duration of implied warranties, so the above limitation may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
IN NO EVENT WILL ASC BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUES, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF ANY REPLACEMENT GOODS OR SUBSTITUTE EQUIPMENT, LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS BEING REPAIRED, CLAIMS OF ANY THIRD PARTIES, OR ANY OTHER DAMAGES ARISING FROM ASC’S BREACH OF THIS LIMITED WARRANTY OR THE USE OF THE PRODUCT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF ASC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL ASC’S TOTAL CUMULATIVE LIABILITY EXCEED THE PRICE PAID BY CONSUMER FOR THE PRODUCT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
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