SITU ART LIGHTING
Limited Product Warranty
SITU ART LIGHTING
Limited Product Warranty
First and foremost, we want you to be happy with your new Situ Lighting product. If you have any questions or problems with your new product please call or write to us.
As of November 1, 2019, your new Situ Lighting, LLC product is covered by a 2 year limited warranty (the “Product Warranty”). Products purchased prior to this date retain their original 1 year Product Warranty. This limited Product Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
2 YEAR LIMITED WARRANTY
PRODUCTS COVERED BY THIS LIMITED PRODUCT WARRANTY
If you want to return a Situ Lighting product within the first 30 days after your receipt, please e-mail Situ Lighting at email@example.com and we will send you a prepaid shipping label.
WHO THIS PRODUCT WARRANTY EXTENDS TO
This limited Product Warranty extends to the original purchaser of any Product. All Situ Lighting warranties, including any implied warranties, are valid only for the period of time the Product is owned by the original purchaser of the Product. The “original purchaser,” for the purposes of this Product Warranty, is the first purchaser of the Product from Situ Lighting or a Situ Lighting authorized retailer. Please retain a copy of your receipt as proof of purchase. All Situ Lighting limited warranties are not transferable.
SITU LIGHTING’S LIMITED PRODUCT WARRANTY AND RESPONSIBILITIES
Situ Lighting warrants the Product in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for a period of 2 years from the time your Product is purchased by you, when the Product is used normally for its intended purposes and properly installed per the included manual.
WHAT THIS LIMITED PRODUCT WARRANTY COVERS
LIMITED WARRANTY: Situ Lighting, LLC. (“Situ Lighting”) warrants to the original owner that this Product is free from defects in parts and workmanship for a period of 2 year from receipt. Situ Lighting will repair the Product or, at its option, replace a defective Product. (Situ Lighting does not warrant the future availability of any particular colors, markings or decorations.) Registration is not required for warranty coverage. This warranty is in lieu of all other warranties and conditions, express or implied.
EXCLUSIONS: This warranty does not cover any of the following: 1. Battery exhaustion; 2. Battery leakage (note, battery leakage will be covered for the warranty period for all rechargeable products); 3. Damage to or failure of the light or any component thereof due to alteration, misuse, battery leakage or lack of maintenance; 4. Any Product (whether manufactured by Situ Lighting or not) sold by resellers who are not authorized retailers.
In the event of a Defect, Situ Lighting’s sole and exclusive liability and your sole remedy under this limited Product Warranty will be, at Situ Lighting’s option, to provide a repaired or replacement Product, subject to your fulfillment of “Your Responsibilities” below.
In the event of a Defect and in order to get the benefit of this limited Product Warranty, you must return your Product to Situ Lighting and provide Situ Lighting with proof of the original date of purchase. Situ Lighting is not responsible for any damage sustained in return shipping or present upon receipt of the Product. Evidence of a Defect and any claims must be sent to the address set forth at the end of this limited Product Warranty. If you wish to replace your Product with a more expensive Product (an “Upgrade Product”), then please e-mail Situ Lighting at the e-mail address set forth at the end of this limited Product Warranty. You will be required to pay the difference between the original purchase price of the Product and that of the Upgrade Product.
Situ Lighting will repair or replace (as applicable) and ship your Product or Upgrade Product back to you. You will be responsible for any shipping costs associated with shipping replaced or repaired Products if the problem was not deemed a Defect.
Replaced or repaired Products that are not Upgrade Products are subject to the same limited Product Warranty as the original Product. For example, if you obtain a replaced or repaired Product that is the same style and price as the original Product, then the warranty term of the replaced or repaired Product begins from the date of purchase of the original Product. If you purchase an Upgrade Product, then you obtain a new limited Product Warranty, and the warranty term will begin upon the purchase of the Upgrade Product.
DISCLAIMER, LIMITATION ON LIABILITY
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE PRODUCT IS PROVIDED “AS IS” AND THIS WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED PRODUCT WARRANTY, IN NO EVENT WILL SITU LIGHTING OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE PRODUCT OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF SITU LIGHTING HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SITU LIGHTING’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO SUCH LIABILITY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
In the event a dispute arises between you and Situ Lighting arising out of this Limited Product Warranty, such dispute will be determined and settled by binding arbitration between the parties, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). More information about the AAA is located at www.adr.org, or you can call the AAA at 1-800-778-7879.
You must seek arbitration for disputes arising out of this Limited Product Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act. If you choose to pursue any rights and remedies that are not created by Title I of the Magnuson Moss Warranty Act, then arbitration is not required.
Arbitration will take place in Sarasota, FL.
The arbitration will not be combined with any other proceeding or arbitration against one of the parties. Each party will designate one arbitrator and the two designated arbitrators will select a third arbitrator, who will serve as the chair of the arbitration panel. If the two arbitrators cannot agree on the third arbitrator, then the AAA will appoint the third arbitrator. Barring extraordinary circumstances, the arbitrators will issue their decision within 120 days from the date the third arbitrator is selected by the two designated arbitrators or appointed by the AAA. The arbitrators may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The decision and the arbitrators’ award will be in writing and will include a statement setting forth the reasons for the disposition of any claim. A dissenting decision will also be set forth in writing. The arbitrators’ award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.
This limited Product Warranty will be governed by the laws of the State of Florida.
Situ Lighting, LLC
2109 47th Street, Sarasota, FL 34234 USA