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.