Durabrite, Inc. ("Durabrite") warrants to the original purchaser ("Purchaser") that the Durabrite branded luminaires identified on Schedule A ("Products") will be free from defects in material and workmanship which cause the Product to fail to operate in accordance with the performance specifications set forth in documentation published for or provided with the Product ("Specifications") for the applicable period and subject to the additional terms and conditions set forth on Schedule A from the date of purchase (as set forth in the applicable invoice) ("Warranty Period").
Unless otherwise noted on Schedule A, Durabrite warrants that any standard finish on a Product will be free of major cracking, peeling, excessive fading, and gross corrosion defects during the applicable Warranty Period. To the extent that an authorized Durabrite distributor is the Purchaser of the Products, such distributor may transfer this limited warranty to subsequent purchases of the Products, provided that such Products are resold in new condition and in their original packaging.
For LED Products, the Product shall be considered defective only if the worse of the below conditions is met:
- 10% or more of the LED components fail for such Product
- total lumens output for such Product drops below 70% of its initial lumens output
Accessories that are not manufactured by Durabrite are excluded from this warranty, but may be covered by a third party manufacturer. Such third party manufacturer shall be solely responsible for the costs related to any claims associated with any such accessories. Durabrite branded battery products and polycarbonate lenses used in or on Durabrite luminaires have a Warranty Period of 1 year unless otherwise indicated.
If any Product covered by this limited warranty is returned by Purchaser in accordance with Durabrite's Terms and Conditions of Sale within the Warranty Period, and Durabrite determines to its satisfaction that such Product failed to satisfy this warranty, Durabrite, will, at its option, repair or replace the Product or the defective part thereof, or reimburse Purchaser for the purchase price, subject to the terms and conditions set forth herein. For purposes of clarity, "repair or replace the Product or the defective part thereof" does not include any removal or reinstallation costs or expenses, including, without limitation, any labor costs or expenses, shipping costs to return non-conforming Products or any damages that may occur during the return of Product to Durabrite. If Durabrite chooses to replace the Product and is not able to do so because it has been discontinued or is not available, Durabrite may replace it with a comparable product. Durabrite reserves the right to use new, reconditioned, refurbished, repaired, or remanufactured products or parts in the repair or replacement of any Product covered by this limited warranty.
This limited warranty does not apply to damage or failure to perform arising as a result of any acts of God or from any abuse, misuse, abnormal use, improper power supply, power surges or fluctuations, corrosive environments, neglect, exposure or any use or installation in violation of the instructions or restrictions prescribed by Durabrite or any applicable standard or code, including those contained in the latest National Electrical Code, Standards for Safety of Underwriters Laboratory, Inc. (UL), the American National Standards Institute (ANSI), or in Canada, the Canadian Standards Association (CSA). This limited warranty is also not applicable to any Product damage or failure due to alternations and/or changes made to the Product, tempering of the Product seals, or custom installations that are not reviewed and agreed upon by Durabrite.
Wear and tear conditions including but not limited to discoloration, scratches, minor cracks, slight distortion, minor material disintegration, rust, haze, and moisture build up, that do not impede the proper functioning of the Product and do not meet or result in the failure definition(s) given herein, shall be considered normal and are not considered warrantable.
No agent, distributor or dealer is authorized to change, modify, or extend the terms of this limited warranty on behalf of Durabrite. This limited warranty is void if the product is not used for the purpose for which it is designed or if any repairs or alternations are made by any person not authorized by Durabrite in writing:
This limited warranty is subject to the following additional conditions:
- The Products have been properly handled, stored, wired, transported, installed, operated, and maintained in accordance with the applicable Specifications.
- The Product has been purchased directly from Durabrite or from an authorized Durabrite distributor/dealer for use in regions that are within the jurisdiction of the United States or Canada.
- Purchase receipt for the Product is available for inspection by Durabrite.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY GIVEN BY DURABRITE WITH RESPECT TO THE PRODUCTS AND THE SOLE REMEBDY FOR ANY AND ALL CLAIMS, IN CONTRACT, IN TORT OR OTHERWISE ARISING FROM THE FAILURE OF PRODUCT AND IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MECHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. PURCHASER'S EXCLUSIVE REMEDY FOR ANY NONCONFORMITY OR DEFECT IN ANY PRODUCT SHALL BE ONLY AS EXPLICITY SET FORTH HEREIN. UNDER NO CIRCUMSTANCES SHALL DURABRITE'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH A DEFECTIVE PRODUCT, IN CONTRACT, TORT OR OTHERWISE, EXCEED THE PURCHASE PRICE OF THE PRODUCT TO WHICH SUCH LIABILITY RELATES. IN NO EVENT SHALL DURABRITE BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR COMPENSATORY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, BUSINESS OR GOODWILL EVEN IF DURABRITE WAS ADVISED OF OR WAS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
This limited warranty is effective for the purchases of the Product on or after the effective date set forth herein and is in consideration of and is expressly subjected to and conditioned by the terms set forth herein. Durabrite reserves the right to modify this warranty from time to time and any modifications shall be effective for all orders placed on or after the effective date of such revised warranty.
Product Returns & Refunds
In the event it is necessary to return Products to Durabrite, Purchaser must follow the procedure outlined below. For Purchasers who received their Products from an authorized distributor of Durabrite, the procedure outlined below should be directed to such distributor. To obtain approval to return Products to Durabrite or the distributor, Purchasers must contact Durabrite’s Customer Service: US (201) 915-0555 or the respective distributor the Products were purchased from, during normal business hours. If a return is approved, a Return Merchandize Authorization (RMA) number will be given, and the authorized RMA form will be emailed to the Purchaser to fill out and be included with the return shipment.
No product returns will be accepted by Durabrite if not accompanied by a valid RMA number. Product returned without an RMA number will either be refused or returned to Purchaser at Purchaser’s expense. Durabrite is not liable for loss or damage to unauthorized product returns. Once issued, RMA numbers are valid for 30 days. Any returns received after 30 days of the issuance of an RMA number may be refused. Purchaser is responsible for all return freight charges, including taxes, customs, and duties if applicable, unless otherwise instructed by Durabrite’s Customer Service. All product returned for credit must be new, undamaged, and in factory sealed packaging. Product may not be returned if it is non-standard, made-to-order, or manufactured to Purchaser’s specific design or specification (including units with non-standard components or accessories), or is outdated or phase-out stock product. Any product returned with marked box, damaged box, missing components, or other damage not caused by Durabrite will be assessed a higher restocking fee to cover the cost of replacements.
All Products returned are subject to inspection. Un-saleable and damaged merchandise may be credited at salvage value or less costs of repairs. Credit can be issued only on Products re-saleable as new. Durabrite may at its option issue credit at prices prevailing at time of shipment, or time of return, whichever is lower, less any applicable restocking or other charges. Returns authorized by Durabrite or the authorized distributor, other than return of Defective Products which are subject to the terms of Durabrite’s applicable Limited Warranty, will be subject to a restocking fee and Purchaser will pay all transportation costs associated with the return, including taxes, customs and duties, if applicable, unless otherwise instructed by Durabrite Customer Service. Products returned in original condition will be assessed up to a 20% restocking fee.