Sensity Systems Limited Standard Warranty

GENERAL TERMS AND CONDITIONS

Sensity warrants that its light fixtures and lighting components are free from defects in materials and workmanship for a period of five (5) years from date of delivery. Sensity warrants the network elements and network components (individually or together as a “System”) are free from material defects in materials and workmanship for a period of one (1) year from date of delivery. Proof of purchase is required. A warranty claim must be submitted in writing to rma@sensity.com within 60 days of noticing defect. The determination of whether the Product is defective shall be made by Sensity in its sole discretion with consideration given to the overall performance of the Product.  A Product shall not be considered defective solely as a result of the failure of individual LED components to emit light if the number of inoperable components is less than 10% of the total number of LED components in the LED luminaire or retrofit purchased.

If Product is determined by Sensity to be defective within the warranty period, Sensity will elect, in its sole discretion, to refund the prorated purchase price of the Product, repair the Product or replace the Product with outbound freight prepaid. This warranty applies only to the original end-user customer (Customer), for use in the United States, Canada, or other countries as specified by Sensity, and is not transferrable.

The above warranties do not cover, and Sensity will not be liable for:

  • Problems resulting from external causes such as accident, abuse, misuse, mishandling, negligence, fire or acts of God, theft, vandalism, riot, explosion, natural disaster, power surges, improper power supply, electrical current fluctuations or other external causes unrelated to Product defect;
  • Incompatibility, improper design, manufacture, installation, operation or maintenance of Products not supplied by Sensity;
  • Conditions demonstrating misuse, faulty installation, installation not in accordance with applicable law or code or manufacture’s recommendations, misapplication, corrosive or extreme environmental conditions beyond those defined in the product specification, lack of compliance with applicable instructions, improper or inadequate maintenance or service, negligence, accident, alteration or tampering;
  • Situations in which Sensity’s light engines, LEDs, PC boards, drivers, power converters, or other components are replaced with those from other manufacturers;
  • Products not manufactured by Sensity, including photo and motion sensors, cameras, controls, and other accessory products or components.

This limited warranty is void if the Product is not used for the purpose for which it is designed.

 

RETURN OF DEFECTIVE PRODUCT

If a Product must be returned for repair or replacement, Customer shall contact Sensity at one or more of the following:

Customer will receive a Return Material Authorization (RMA) number. Customer shall return the Product at Customer’s expense within 30 days of receiving instructions for return. Failure to follow the return instructions shall void warranty. Customer will package equipment in a manner that is (i) in accordance with good commercial practice, (ii) acceptable to common carriers for shipment at the lowest rate for the particular equipment, and (iii) adequate to ensure safe arrival of the equipment at the named destination.

 

LIMIT OF LIABILITY AND DISCLAIMER OF WARRANTIES

The warranty described above shall constitute the sole and exclusive remedy of the Customer and the sole liability of Sensity. Sensity makes no other warranty, statutory or otherwise, and none is implied. No warranty of merchantability of fitness for a particular purpose is made or is to be implied. Sensity will not, under any circumstances, be liable for any special, indirect, incidental, punitive or consequential damages including, but not limited to, loss of profits, business interruptions, loss of revenue or good will, or claims of customers, or loss of any other goods or equipment or facilities, cost of capital or storage or inspection, cost of substitution equipment, downtime costs, or claims of customers or purchasers from such damage.  SENSITY’S LIABILITY ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE PRODUCT IS LIMITED TO THE AMOUNT ACTUALLY PAID BY CUSTOMER FOR THE PRODUCT REGARDLESS OF THE AMOUNT OF DAMAGES CUSTOMER MAY INCUR AND WHETHER CUSTOMER’S CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY.

The foregoing disclaimer of certain damages and limitation of liability will apply to the maximum extent permitted by applicable law.  The laws of some states and jurisdictions do not allow exclusion or limitation of certain damages.  To the extent that those laws apply to the Product, the exclusions and limitations set forth above may not apply to Customer.

 

REPLACEMENT OF PRODUCT

Sensity reserves the right to examine all failed lighting and networking systems, and reserves the right to be the sole judge as to whether Products are defective and covered under this warranty.  Sensity reserves the right to utilize new, reconditioned, refurbished, repaired or remanufactured products or parts in the warranty repair or replacement process. Sensity reserves the right to replace defective Products or components with Products or components of equivalent or better performance. Sensity assumes no responsibility or liability for expenses incurred by Customer for the troubleshooting, removal and/or installation of Products requiring service, or for the handling of Products returned to sender after the service has been rendered. Sensity shall have no responsibility to service, diagnose, repair or replace products in the field. Sensity reserves the right to alter the terms of its warranty without prior notice and without incurring obligation.

Product(s) or component part(s) may be required to be returned for inspection and verification of non-conformance by Sensity, but no Product(s) or component part(s) will be accepted for inspection, verification or return unless accompanied by a “return authorization number” which can be obtained only from an authorized Sensity post-sales or customer service representative.

 

APPLICABLE LAW AND VENUE

Unless expressly prohibited by local law, this Warranty is governed by the laws of California without regard to any conflict of law principles to the contrary.  Customer irrevocably submits to jurisdiction of the state and federal courts located in Sunnyvale, California with respect to any proceeding under this Warranty or relating to the Product.  Customer will not prosecute any action, suit, proceeding, or claim arising under or by reason of this Warranty except in such courts.

 

SEVERABILITY

If any provision of this Warranty is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remainder of this Warranty will remain in full force and effect.

 

ENTIRE AGREEMENT

This Warranty constitutes the entire agreement, and supersedes any prior agreements, between Sensity and Customer related to the subject matter hereof.  No amendment, modification, or waiver of any of the provisions of this Warranty will be valid unless set forth in a written instrument signed by the party to be bound thereby.

 

Effective Date: January 12, 2015