Warranty

Subject to the exclusions set forth below, USAI, LLC, Inc. (“USAI, LLC”) warrants its light emitting diode (LED) fixtures, 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 five (5) years from the date of shipment from USAI, LLC’s facilities. This stated warranty and exclusive remedy covers only USAl’s offering of LED products. USAI 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 do not exceed 40℃ at fixture location. USAI, LLC 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 USAI, LLC; 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 USAI, LLC; use of the Product(s) with products, processes or materials supplied by any end user or third party; or any other occurrences beyond USAI, LLC’s reasonable control. USAI, LLC 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).

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 USAI, LLC supplied Product(s) caused by a third party supplied component.

If the Product(s) fail to comply with the terms of this Warranty, USAI, LLC, at its option, will repair or replace the Product(s) with the same or a functionally equivalent Product(s) or component part(s). USAI, LLC’s 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 USAI, LLC. 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 USAI, LLC post-sales or customer service representative or USAI, LLC 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 USAI, LLC, 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 USAI, LLC post-sales or customer service representative. USAI, LLC is not responsible for any costs and expenses incurred in connection with shipment of Product(s) to USAI, LLC, but USAI, LLC 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 USAI, LLC 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 USAI, LLC PRODUCTS HAS THE AUTHORITY TO MODIFY OR AMEND THIS WARRANTY WITHOUT EXPRESS WRITTEN AUTHORIZATION FROM USAI, LLC. 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 USAI, LLC’s 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 USAI, LLC.