I. Terms and Conditions
Spectrabeams shall have no liability under the Warranty and the Warranty shall not apply in the event: (a) the number of inoperable fixtures is less than 10% of the total fixtures in the project area unless there is a significant light loss in the field of play (as determined by Spectrabeams in its sole discretion); (b) installation of a Product in a manner that is not in accordance with Spectrabeams’ specifications and instructions, including, without limitation, those set out in the instruction manual accompanying a Product; (c) installation of a Product completed by an unlicensed electrician; (d) any repair or modification of a Product without the prior written consent of Spectrabeams; (e) the use of components, parts, accessories, or other materials not manufactured by Spectrabeams in the modification or repair of a Product; (f) use of a Product in conditions resulting in abnormal use or stress, including, but not limited to, over/under voltage or current conditions, excessive switching cycles, operating hours, or outside any applicable recommended operating conditions as set out in Spectrabeams specifications. Spectrabeams’ determination of a non-warranty condition shall be conclusive. Spectrabeams reserves the right to examine all returned Products, their specific installation location, and patterns of usage to determine the cause of failure. Spectrabeams will not be bound by any terms, conditions, or representations, which are not stated herein including, but not limited to, any statements made by distributors or re-sellers.The Warranty shall be further subject to these terms and conditions specified below.
II. Warranty Activation / Service Claims
You must make a valid Warranty claim to Spectrabeams in order to receive coverage under the Warranty. Warranty claims can be serviced by contacting Spectrabeams’ customer service and sales center:
Phone: 1.888.390.5235
Email: admin@spectrabeams.com
Address: P.O. Box 2140
Round Rock, TX 78680
If you are unsure whether a situation exists that is covered by the Warranty, please contact Spectrabeams’ customer service and sales center at the phone number or email address listed above for assistance.
III. Return of Defective Product
Before returning any defective Products, you will be required to fill out a Warranty Assessment form with Spectrabeams. After reviewing your Warranty Assessment form, Spectrabeams may require you to promptly return the Product. If return of the Product is requested, please ship the Product in its original packaging or packaging that gives an equal degree of protection. Please do not include any accessories when returning the Product to Spectrabeams, as Spectrabeams will not be responsible for the loss of any such accessories. This Warranty is void in the event that Spectrabeams discovers tampering or disassembling of its Products, such as altering serial numbers or removal of factory-supplied stickers. Spectrabeams reserves the right to utilize new, reconditioned, refurbished, repaired or remanufactured products or parts in connection with Warranty repairs. Repaired or replaced products are warrantied for the remainder of the original Warranty period.
IV.Limitations of Warranty
THE WARRANTY STATED HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AND SPECTRABEAMS EXPRESSLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY, INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. ANY SUGGESTIONS BY SPECTRABEAMS OR SPECTRABEAMS AGENTS REGARDING USE, APPLICATION OR SUITABILITY OF THE PRODUCTS SHALL NOT BE CONSTRUED AS AN EXPRESS WARRANTY UNLESS CONFIRMED TO BE SUCH IN WRITING BY SPECTRABEAMS.
This Warranty does not cover: (a) Damage due to acts of God; (b) Cosmetic damage; ( c) Accident, theft, vandalism, misuse, abuse, negligence, animal or insect infestation, or modification of any part of the Product; (d) Damage due to improper operation or maintenance, connection to improper equipment, or attempted repair by anyone other than Spectrabeams; (e) Products sold AS IS and WITH FAULTS; (f) Products not purchased in a new condition; (g) Third-party products including network equipment, breakers, switches, etc.; (h) repairs or damages made necessary by the actions of third parties not under the control of Spectrabeams
V. Additional Provisions
1. Determination of Repairs: Spectrabeams will utilize information from its control system and/or customer to determine when the usage of the field has been materially impacted. With this information, Spectrabeams will determine needed repair and/or replacement of product.
2. No warranty work/replacement, including labor (to the extent applicable) shall take place until the entirety of the system including poles/fixtures/controls has been paid for by responsible party. If Products arrive in multiple shipments, the Warranty period shall begin 30 days after the first shipment of fixtures arrives to Customer.
3. Cooperation: Customer agrees to meet all electrical and installation requirements as specified by Spectrabeams. In addition, Customer will offer full cooperation to ensure Spectrabeams can fulfill terms of warranty in a timely fashion. This cooperation includes, but is not limited to, not limiting information, granting access to site and precise fixture location as needed and performing basic diagnostic activities such as checking/replacing fuses, ensuring that structural components have not been compromised.
4. Resources: Where applicable, Spectrabeams may require access to and the use of lifts, cranes or other heavy equipment. Spectrabeams will not be responsible for costs associated with renting or operating any equipment or any damage from operating the equipment on the ground in the prescribed manner.
5. Maintenance: Customer agrees to perform regular inspection of lighting equipment and ensure that it remains free of blockage or build-up including but not limited to bird nests, insect activity or plant debris. In addition, customer agrees to check breakers and fuses and replace as necessary.
VI. Limitation of Liability
THIS WARRANTY SHALL CONSTITUTE THE EXCLUSIVE REMEDY AND THE SOLE LIABILITY OF SPECTRABEAMS TO YOU, OR TO ANY THIRD PARTY. IN NO EVENT WILL SPECTRABEAMS, ITS DIRECTORS OFFICERS, OR AGENTS BE LIABLE TO YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, IN TORT, OR ON ANY OTHER BASIS, FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL LOSS, COST, OR DAMAGE ARISING OUT OF OR IN CONNECTION WITH THE SALE, MAINTENANCE, USE, OR INABILITY TO USE THE PRODUCT, EVEN IF SPECTRABEAMS OR ITS DIRECTORS, OFFICERS, OR AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES, COSTS, OR DAMAGES, OR IF SUCHLOSSES,COSTS,ORDAMAGES ARE FORESEEABLE.INNO EVENT SHALL THE LIABILITY OF SPECTRABEAMS, ITS DIRECTORS, OFFICERS, OR AGENTS EXCEED THE PRICE PAID FOR THE DEFECTIVE PRODUCT, EXCLUDING INSTALLATION COSTS. THE PROVISIONS OF THE UNITED NATIONS CONVENTION ON THECONTACT FOR THE INTERNATIONAL SALE OF GOODS SHALL NOT APPLY TO THIS LIMITED WARRANTY OR THE SALE OF PRODUCTS COVERED BY THE WARRANTY.
VII. Severability
If any term or provision of this Warranty is found to be invalid or unenforceable, the remainder of this Warranty, shall not be effected, and every other term and provision of this contract shall be deemed valid and enforceable to the extent permitted by law.
VIII. Choice of Law
The document, including the Warranty shall be construed and enforced in accordance with the laws of the State Texas and the laws of the United States applicable in that state. Each party submits to the jurisdiction of the federal and state courts of the State of Texas
IX. Effective Date
This Warranty is effective for purchases on or after the effective date listed below.
[6.2023]
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