Lighting Products
Standard Warranty Terms and Conditions
(“Standard Warranties”)
1. Warranty Scope
1.1 WAICHI (“Company”) warrants that its lighting products ("Products") are free from material defects in design, materials, and workmanship under normal use, handling, operation and service, provided they are:
(a) Stored, installed, used, handled, and operated strictly in accordance with the Company’s user manuals (“User Manuals”) and technical specifications (“Technical Specifications”); and
(b) Stored, used, handled and operated within the ambient temperature, humidity, input power, and other environmental parameters specified in the Products datasheet (“Products Datasheet”, together with the User Manuals and Technical Specifications, are collectively hereinafter referred to as “Company Manuals”).
2. Warranty Period
2.1 The standard warranty period (“Standard Warranty Period”) is limited in duration to [1] year (12 months) commencing from the date shown on the batch code on the basis of the normal use, handling, operation and service of the Products as indicated and/or specified in the Company Manuals.
2.2 The Company may agree and consent to a longer warranty period (i.e., a period longer than the Standard Warranty Period) (“Extended Warranty Period”) to be explicitly stated in any related or relevant documentation concerning the Products or transactions involving the Products, including without limitation product catalogue, product specification, sales letter, sales memorandum, quotation sheet, sales agreement, purchase agreement, and supply agreement. (The Standard Warranty Period and the Extended Warranty Period are together hereinafter referred to as the “Warranty Period”.)
2.3 No claim of whatever kind or nature, irrespective of any reason or cause whatsoever, shall be lodged against the Products and/or the Company and/or its directors or employees at the expiration of the Warranty Period and thereafter.
2.4 TheseStandard Warranties, whether express or implied, shall not apply to the Products or any of them under any circumstances or for any reason whatsoever at the expiration of the Warranty Period and thereafter.
3. Warranty Coverage
3.1 Products are deemed to have been accepted by the customer if the Company does not receive any written notification of defect (with a clear and precise description of the relevant defect) or return of such (allegedly defective) Products (in accordance with the procedure set out at Clause 3.5 below) within 30 days after the delivery of such (allegedly defective) Products to the customer (“N/R Period”). In the event that the Company is notified in writing of a Product being (allegedly) defective and such allegedly defective Product is returned to the Company within the N/R Period, the Company may arrange for inspection and testing of such Product. If no defect is found or proved to have any material adverse effect on the use of such Product, the Company shall charge the inspection cost, the testing fee and all related charges, fees and costs to the customer.
3.2 The Company shall, at its sole and absolute discretion, either accept or refuse to accept any notification of (alleged) defect or return of (allegedly defective) Products after the N/R Period.
3.3 With regard to the return of (allegedly defective) Product to the Company, these Standard Warranties shall not apply thereto in case the (allegedly defective) Product so returned has been modified, altered, tampered with in any way or made unidentifiable as the original Product so delivered to the customer previously.
3.4 All claims relating to (allegedly defective) Product(s) (“Product Claims”) must be delivered to and accepted by the Company within the N/R Period. The Company shall not accept any Product Claim(s) at the expiration of the N/R Period and thereafter.
3.5 The customer who intends to lodge a Product Claim with the Company within the N/R Period must follow the procedure as stated below:
(a) The customer must (1) notify the Company in writing of the (alleged defective) Product and the (alleged) defect (including without limitation:
(i) a clear description of the (alleged) defect;
(ii) complete details of the installation of the (alleged defective) Product;
(iii) proof of purchase of the (alleged defective) Product (such as invoice, receipt of the (alleged defective) Product, etc.); and
(iv) serial number of the (alleged defective) Product); and
(v)return the (alleged defective) Product to the Company (at the customer’s own costs and expenses), within the N/R Period.
(b) Upon receipt of the (allegedly defective) Product (within the N/R Period), the Company may arrange for inspection and testing of the (alleged defective) Product. If no defect is found or proved to have any material adverse effect on the use of such Product, the Company shall charge the inspection cost, the testing fee and all related charges, fees and costs to the customer.
(c) If the (alleged defective) Product is proved with sufficient evidence acceptable to the Company and confirmed by the Company to be defective due to defective material or improper workmanship, the Company will, at its sole and absolute discretion, either repair or replace such defective Product without any charge to the customer for such repair or replacement.
4. Warranty Exclusions
4.1 These Standard Warranties do not or shall not cover or apply to defects or damages resulting from:
(a) improper installation, handling, storage, or operation contrary to or in non-compliance with or in breach of the Company Manuals;
(b) exposure to environmental conditions (e.g., temperature, humidity, voltage) outside the Product’s rated limits;
(c) accidental damage, neglect, misuse, unauthorized modifications, or repairs with respect to the Products;
(d)acts of nature (e.g., floods, lightning, extreme weather events), power surges, or improper maintenance with regard to the Products; and/or
(e)normal wear and tear or cosmetic imperfections not affecting the functionality of the Products.
4.2 These Standard Warranties do not and shall not cover or apply to any Product(s) disabled or damaged by accident, misuse, improper installation, modification, alteration, tampering, neglect, improper use, operational error, act of sabotage, or act of nature (including without limitation any extreme weather events), or by reason of or undergoing normal wear and tear.
4.3 These Standard Warranties shall be voided if:
(a) the Product has been subject to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper cleaning, improper storage, improper use, improper handling, abnormal physical stress, abnormal environmental conditions, use or installation contrary to or in non-compliance with or in breach of the Company Manuals;
(b) the Product has been altered, repaired, or reconstructed by any person;
(c) the Product has been used with any third-party hardware or product that has caused default or malfunction to the Product(s);
(d) the Product’s bar code / batch code number is altered, removed, or defaced; or
(e) the Product(s) or the lighting system with which the Product(s) is operated is not stored, installed, used, operated, or maintained in accordance with the Company Manuals.
4.4 Neither the customer nor any other person is permitted to make any affirmation, representation or warranty other than the warranties, terms and conditions contained in these Standard Warranties. Any affirmation, representation or warranty other than those warranties, terms and conditions contained in these Standard Warranties shall not be enforceable against the Company and/or its directors and employees.
4.5 These Standard Warranties are exclusive and in lieu of and supersede any and all other warranties, whether written or verbal, explicit or implied, in relation to the Products and/or any transaction(s) involving the Products.
4.6 Any other warranties, including any implied warranties of merchantability or fitness for a particular purpose, are hereby specifically excluded to the extent permitted by relevant and applicable law in relation to the Products or any transaction(s) involving the Products.
4.7 These Standard Warranties are subject to the limitations and exclusions set forth herein.
5. Limitations
5.1 These Standard Warranties apply only to the original purchaser and are non-transferable and non-assignable unless the Company has expressly agreed in writing in advance.
5.2 The Company’s liability in any transaction involving the Products is solely limited to the repair and/or replacement of Product(s) proven and confirmed by the Company to be defective only (provided that the customer is not responsible for such defect in any way whatsoever).
5.3 The obligation of the Company under these Standard Warranties is limited to repair and/or replacement of Product(s) after such Product(s) is proven and confirmed by the Company to be defective in accordance with these Standard Warranties. The customer’s sole remedy is limited to repair and/or replacement of the (alleged defective) Product upon the Company’s acceptance and confirmation of proof of the relevant defect of such Product (provided that the customer is not responsible for such defect in any way whatsoever).
5.4 Under no circumstances shall the Company be liable for any direct, indirect, consequential or incidental loss or damage of any nature or kind, including without limitation loss of time, revenue, profits or property, and/or damage to property or reputation, arising out of or in connection with the use or non-use or the inability to use or the storage of or the failure to properly store the Product(s).
5.5 Model or sample furnished to customer is merely illustrative of the general type and quality of the Product(s) and does not represent that the Product(s) will conform to the model or sample.
6. Governing Law
6.1 These Standard Warranties are governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“HKSAR”) and any disputes or claims or proceedings arising out of or from or in connection with these Standard Warranties shall be subject to the jurisdiction of the HKSAR and resolved in the courts of the HKSAR.
7. Miscellaneous
7.1 These Standard Warranties supersede all warranties concerning the Products given by the Company in all relevant transactions involving the Products.
7.2 No other express or implied warranty is made in connection with the Products other than these Standard Warranties.
7.3 Special terms (including without limitation extended warranty period, special conditions, regulatory and custom requirements)must be stated clearly and documented in the Company’s formal documents (including without limitation specification letter, quotation sheet, sales contract, purchase agreement, supply agreement) in relation to the Products and/or transaction(s) involving the Products.
7.4 The Company reserves the right to modify the Standard Warranties at any time, provided that such modifications will not alter the warranties, terms and conditions that are set out in the Standard Warranties and are applicable at the time of sale of the Product(s) covered by the Standard Warranties before such modifications.
7.5 By purchasing the Product(s), the customer hereby acknowledges full understanding and acceptance of these Standard Warranties.
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