LOGIQ, LLC. “IQ” Products - Limited Warranty Statement
Subject to the exclusions set forth below, LOGIQ, LLC. (“LOGIQ”) warrants its light emitting diode (LED) fixtures (Branded as “IQ” including but not limited to the SKY and ZEN series), including the LED arrays and the LED drivers and integral control devices (“Product(s)”) to be free from defect in material and workmanship (the “General Warranty”) for a period of three (3) years from the date of shipment from LOGIQ’s facilities with standard warranty or a for period of five (5) years from date of shipment from LOGIQ facilities if the purchaser elects to purchase the optional extended (2) year warranty. LOGIQ warrants its dimmers and other LED Luminaire controlling products (“LED Controllers”) to be free from defect in material and workmanship for a period of one (1) year from the date of shipment from LOGIQ facilities. The LED arrays in the LED Luminaire(s) will be considered defective in material or workmanship only if a total of 15% or more of the individual light emitting diodes in the LED Luminaire(s) fail to illuminate or any standard finish or coating on a product shows cracking, peeling, excessive fading or corrosion defects during applicable warranty period. This stated warranty and exclusive remedy covers only LOGIQ’s offering of LED products. LOGIQ non-LED products utilizing traditional light sources such as low voltage halogen, compact fluorescent or HID are covered for one year from date of shipment.
This Statement of Limited Warranty (“Warranty”) applies only when the Product(s) are installed in applications in which ambient temperatures are within the range of intended operating temperatures at fixture location. LOGIQ will not be responsible under this Warranty for any failure of the Product(s) that results from external causes such as: acts of nature; physical damage; exposure to adverse or hazardous chemical or other substances; use of reactive cleaning agents and/or harsh chemicals to clean the Product(s); environmental conditions; vandalism; fire; power failure, improper power supply, power surges or dips, and/or excessive switching; induced vibration; animal or insect activity; fault or negligence of purchaser, any end user of the Product(s) and/or any third party not engaged by LOGIQ; improper or unauthorized use, installation, handling, storage, alteration, operation, maintenance or service, including failure to abide by any product classifications or certifications, or failure to comply with any applicable standards, codes, recommendations, product specification sheets, or instructions of LOGIQ; use of the Product(s) with products, processes or materials supplied by any end user or third party; or any other occurrences beyond LOQIQ’s reasonable control. LOGIQ also will not be responsible under this Warranty for any substantial deterioration in the Product finish that is caused by failure to clean, inspect, or maintain the finish of the Product(s). Adequate records of operating history, maintenance, and/or testing must be kept by the end user and provided to LOGIQ upon request to substantiate that the LED Products have failed to comply with the terms of this Limited Warranty.
The Product(s) are not warranted against costs that may be incurred in connection with changes or modifications to the Product(s) required to accommodate site conditions and/or faulty building construction or design. In addition, the Product(s) are not warranted against costs resulting from installation of third-party components, failures of third party supplied components, or failures of LOGIQ supplied Product(s) caused by a third party supplied component.
If the Product(s) fail to comply with the terms of this Warranty, LOGIQ, at its option, will repair or replace the Product(s) with the same or a functionally equivalent Product(s) or component part(s). LOGIQ liability under its warranty is expressly limited to such repair or replacement, and such obligation to repair or replace defective Product(s) constitutes agreed and liquidated damages for any breach of warranty by LOGIQ. This Warranty excludes labor and equipment required to remove and/or reinstall original or replacement parts. This Warranty extends only to the Product(s) as delivered to, and is for the sole and exclusive benefit of, the original end user of the Product(s) at the original location. This Warranty may not be transferred or assigned by the original end user. The repair or replacement of any Product(s) or component part within the Product(s) is the sole and exclusive remedy for failure of the Product(s) to comply with the terms of this Warranty and does not extend the Warranty period. Warranty claims regarding the Product(s) must be submitted in writing within (30) days of discovery of the defect or failure to an authorized LOGIQ post-sales or customer service representative or LOGIQ shall have no obligation to repair or replace such Product. Product(s) or component part(s) may be required to be returned for inspection and verification of non-conformance by LOGIQ, but no Product(s) or component part(s) will be accepted for inspection, verification or return unless accompanied by a “Return Materials Authorization” which can be obtained only from an authorized LOGIQ post-sales or customer service representative. LOGIQ is not responsible for any costs and expenses incurred in connection with shipment of Product(s) to LOGIQ, but LOGIQ shall bear all cost and expense incurred in connection with shipment of replacement Product(s) to the customer. Defects that do not impair service shall not be a cause for repair or replacement under any warranty.
THE FOREGOING WARRANTY TERMS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, AND LOGIQ EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING DIRECTLY OR INDIRECTLY TO THE PRODUCT(S), WHETHER ORAL, WRITTEN, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING ,WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO AGENT, DISTRIBUTOR OR OTHER SUPPLIER OF LOGIQ PRODUCTS HAS THE AUTHORITY TO MODIFY OR AMEND THIS WARRANTY WITHOUT EXPRESS WRITTEN AUTHORIZATION FROM LOGIQ.
Warranty does not pass to the purchaser until payment is received in full. In no case does our warranty and exclusive remedy extend to anybody other than our customers. Our customers are not authorized to extend warranties or remedies on our behalf to anyone. Such unauthorized extensions of warranties or remedies by the customer shall remain in customer’s responsibility. Customer is responsible for determining the suitability of our products for customer’s use or resale, or for incorporating them into objects or for application which customer designs, assembles, constructs, or manufactures. Customer accepts LOGIQ design and material selection and specifications in placing this order unless other specifications are agreed to in writing by both parties prior to the manufacture of the Product(s) by LOGIQ.
The total liability of LOGIQ on any and all claims of any kind, whether in contract, warranty, tort (including negligence), strict liability or otherwise, arising out of or in connection with, or resulting from, LOGIQ’s performance or breach of this Warranty, or from LOGIQ’s sale, delivery, resale, repair, or replacement of any Product(s) or the furnishing of any services, shall in no event exceed the purchase price allocable to the Product(s) that give rise to the claim, and any and all such liability shall terminate upon the expiration of the warranty period specified above.
STATEMENT OF LIMITED WARRANTY FOR LOGIQ LED PRODUCTS
IN NO EVENT SHALL LOGIQ BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER AS THE RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, INCLUDING WITHOUT LIMITATION LABOR OR EQUIPMENT REQUIRED TO REMOVE AND/OR REINSTALL ORIGINAL OR REPLACEMENT PARTS, LOSS OF TIME, PROFITS OR REVENUES, LACK OR LOSS OF PRODUCTIVITY, INTEREST CHARGES OR COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, SYSTEMS, SERVICES OR DOWNTIME COSTS, DAMAGE TO OR LOSS OF USE OF PROPERTY OR EQUIPMENT OR ANY INCONVENIENCE ARISING OUT OF ANY BREACH OF THE FOREGOING WARRANTY OR OBLIGATIONS UNDER SUCH WARRANTY.
LOGIQ reserves the right to modify or discontinue this Warranty without notice provided that any such modification or discontinuance will only be effective with respect to any Product(s) purchased after such modification or discontinuance.
Terms of Service
IQ TERMS & CONDITIONS
- Proposals: Written proposals or quotations and pricing set forth therein are firm for no more than 14 days, unless a shorter or longer period of time is otherwise provided for in writing in the quote or proposal to which these Terms & Conditions are attached. IQ may have price increases throughout the year which will be applied to all quotes as applicable. The specific proposal to which these Terms and Conditions are attached is based on IQ’s interpretation of the information provided by Client to IQ. If the actual requirements of Client differ from the quote or proposal, IQ reserves the right to revise its proposal accordingly. Proposals are subject to re-negotiation if quantity, option, accessory or any other condition is changed from the original proposal. Unless otherwise indicated, proposal and quotation prices do not include freight, taxes, expedited or rush shipping or production fees, or other government charges, all of which shall be the responsibility of Client. Unless otherwise stated in a specific proposal, freight and shipping will be by ground carrier.
- Plan Approval: All items and materials quoted are subject to approval by Client, in accordance with plans and specifications, not including any addenda unless otherwise stated. IQ requires one (1) set of submittals signed by Client to be sent to our offices before any order will be released for shipment. In the case of National Account agreements where prototypical bid documents represent the general configuration for multiple locations, one set of approval drawings will be submitted for approval. Specific changes to the prototype will be addressed with individual approval drawing submissions, negating the requirement for the full approval process. IQ makes no warranties or representations regarding any plans or specifications submitted by Client.
- Special/Custom Orders: Orders for special, custom, modified standard product or made-to-order products cannot be cancelled or returned, and IQ may require upfront full or partial payment for such products.
- Delivery Dates/Performance: IQ shall not be responsible for any penalty charges that a project may incur for delays. Shipping dates are approximate and are based on conditions existing at the time of receipt of Client's purchase order and full information from Client. IQ shall not be liable or obligated to Client for failure to perform hereunder if, and to the extent that, such failure to perform is beyond IQ’s reasonable control. Circumstances beyond IQ’s control include, but are not limited to, LED chip and board manufacturing delays, strike, natural disaster, governmental priorities, or transportation shortages.
- Shipping/Claims: IQ will not ship any products without a valid purchase order or proposal executed by Client. Subject to any security interest set forth in Section 8, title to the products and risk of loss of the products shall pass to Client upon delivery to a carrier or to Client’s truck (F.O.B. shipping point). Carrier routing will be at the discretion of the manufacturer unless Client otherwise directs in writing and assumes additional charges for special routing. Client or its consignee or other agent are responsible for inspecting products immediately upon receipt for any shortage, loss or damage and sign for any such discrepancies. Any such discrepancies must be reported to IQ within seven (7) business days after receipt so that IQ may file necessary claim forms to obtain any proper credit for Client. To detect possible concealed damage, packages should be opened and fully inspected, and any damage reported to IQ within seven (7) business days after receipt. This is necessary so that IQ may file necessary claims to obtain proper credit for Client, if any. Client shall have no right of offset from any paid or outstanding invoices with respect to any claims made. IQ will not be held responsible for replacing product if not informed within the aforementioned timeframes of receipt by client of such damage or loss to product or if the manufacturer of such product denies any claim for damages.
- Defective Products or Materials: All defective products or materials are subject to, and contingent upon, IQ’s terms and conditions. It is at the discretion of IQ whether to repair, replace, or issue credit for any defective products. Any misuse or misapplication by Client may negate IQ’s warranty or cut off any responsibility of IQ to repair or replace products. Replacements or repairs for defective products may be furnished to Client as additional materials to the project and invoiced accordingly. Credit for defective products will be applied to Client only after IQ has received and examined such materials. Shipping and handling for defective products or materials are subject to and contingent upon IQ terms and conditions.
- Returns/Cancellations: All returns, or cancellations are subject to, and contingent upon, IQ’s sole discretion. Returns will only be accepted for processing if IQ issues a Return Goods Authorization ("RGA"). Any request for an RGA must be made within seven (7) days of delivery. As set forth in Paragraph 3 above, custom orders or modified standard product are not returnable and may not be cancelled. Returned merchandise must be in its original factory carton and in new and salable condition. Credit for returned products or merchandise is subject to inspection of products by IQ. Returns or cancellations shall be subject to applicable cancellations fees, freight, handling and/or restocking charges per IQ’s discretion. Any restocking fees will be billed against any amount credited for returns.
- Payment/Termination or Suspension of Services: Unless otherwise stated, payment is due based on terms listed. If payment is not received in accordance with the provided terms IQ reserves the right to hold all orders associated with the Customer’s account until payment is received. All invoices not paid within terms indicated on the invoice shall be subject to a 18% interest compounded annually and additionally a late fee of 1% of remaining balance per day. IQ is entitled to recover, and the Client shall pay, all costs, expenses, and legal fees (including the fees of attorneys and persons not admitted to the bar performing services under the supervision of an attorney) incurred by the Seller in enforcing this Agreement. IQ shall be excused from further performance under any agreement with Client if payment of any invoice is overdue. All trade discounts may be canceled if Client's account is delinquent, and Client shall be liable for the full retail prices. In its sole discretion, IQ may require cash payment in advance and/or other credit enhancements, including deposits. Payment by credit card requires prior written authorization and may incur additional processing charges or service fees. Unless otherwise stated, credit card purchases will be billed in full prior to release of shipments. If, at any time, IQ’s services are terminated or suspended, IQ shall be entitled to full payment for work performed and materials provided through the termination date. If IQ’s services on a project are resumed after more than two months (60 days) of suspension, IQ reserves the right to review and renegotiate project costs and services.
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Customer support information
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Reporting and Analytics
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Do Not Track
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For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at [email address] or by mail using the details provided below:
2727 West 2nd Avenue, Denver CO 80219, United StatesLast updated: 2/15/2021