Limited Warranty

Kendila warrants that, for three (3) years from the date of shipment to the Customer, each product will be free from any defects in materials and workmanship which cause the product to fail to operate in accordance with the products' performance specifications as they exist at the time of shipment. 


The components and drivers of the Site and Area Lighting products are solely covered by the manufacturer's warranty. 


This limited warranty is void if the product is (i) installed or used improperly or otherwise not in accordance with the installation instructions or the product's performance specifications (whether intentionally or not, including without limitation, if the product is used at any time in an environment or operating range or subjected to electrical values in excess of those specified in the product's performance specifications or subject to power surges or spikes or corrosive environments) or not in accordance with any other instructions or restrictions prescribed by Kendila or any applicable standards or codes, such as, without limitation, those standards of codes of the National Electrical Code, the Standards for Safety of Underwriters Laboratory, Inc., the Conformité Européenne, or the Canadian Standards Association, (ii) altered or repaired other than as authorised in writing by Kendila, (iii) damaged due to Acts of God, (iv) used other than as a stand-alone product (ie integrated into another lighting product) or (v) damaged in transit or handling. 


Kendila obligation under this limited warranty is limited to, at Kendila’s option, either the repair or replacement of the product. If the product has been discontinued or is no longer available, "replacement of the product" shall mean a comparable product as determined by Kendila. For product that has been repaired or replaced, Kendila, shall honour its obligations on the remainder of the original products limited warranty. Kendila's OBLIGATIONS UNDER THIS LIMITED WARRANTY DO NOT INCLUDE ANY OTHER COSTS OR EXPENSES, SUCH AS, WITHOUT LIMITATION, ANY COSTS OR EXPENSES OF REMOVAL OR REINSTALLATION WHATEVER THE CAUSE OR HOWEVER INCURRED OR IMPOSED (FOR EXAMPLE AND WITHOUT LIMITATION, LABOUR COSTS OR EXPENSES, ADMINISTRATIVE COSTS, OR REQUIREMENTS OF LAW OR ANY GOVERNMENTAL AGENCY OR BODY). 


In order to take advantage of this limited warranty, the Customer must return the allegedly defective product to Kendila in accordance with the "Return" policy set forth below within the specified warranty time period. 


This limited warranty extends only to the Customer placing the order with Kendila. In the event that the Customer is authorised by Kendila to resell products to end users (such purchasing end users are referred to herein as "End Users"), the limited warranty in these Standard Terms shall apply to all such sales as coming from the Customer, and the Customer shall handle all returns directly with such End User; provided, however, that Kendila (not the Customer) shall determine if (i) the Product breached the terms of its limited warranty and (ii) whether Kendila's obligation under such limited warranty shall be either the repair or replacement of the product or reimbursement of the purchase price; if Kendila so determines that the purchase price will be reimbursed, then the Customer shall reimburse to the End User the full purchase price paid to the Customer by the End User.

Third Party Warranties

WITH RESPECT TO NON-Kendila PRODUCTS SOLD BY Kendila, Kendila DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. To the extent allowed, however, and if requested by the Customer, Kendila will make available to the Customer the warranties such third party makes available to purchasers of its products.

Exclusion of Warranties

THE REMEDY SET FORTH ABOVE IN "LIMITED WARRANTY" SHALL CONSTITUTE THE CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY ACTUAL OR ALLEGED DEFECT OF ANY PRODUCT. THE LIMITED WARRANTY SET FORTH IN "LIMITED WARRANTY" IS IN LIEU OF, AND KENDILA EXPRESSLY DISCLAIMS AND THE CUSTOMER EXPRESSLY WAIVES, ALL OTHER WARRANTIES AND REPRESENTATIONS OF ANY KIND WHATSOEVER WITH RESPECT TO PRODUCTS WHETHER EXPRESS, IMPLIED, STATUTORY, ARISING BY COURSE OF DEALING OR PERFORMANCE, CUSTOM, USAGE IN THE TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY. NO ORAL OR WRITTEN STATEMENT OR REPRESENTATION BY KENDILA, ITS AGENTS OR EMPLOYEES SHALL CONSTITUTE OR CREATE A WARRANTY OR EXPAND THE SCOPE OF ANY WARRANTY HEREUNDER. 

Returns

End Users (those purchasing products directly from Customers of Kendila, and not from Kendila) should direct all inquiries for returns to the Customer from whom the End User purchased the products, and not Kendila. 


Customers wishing to return a product must first contact Kendila directly and obtain a Return Goods Authorization ("RGA") number. Replacement parts are non-Returnable. 


Customers may contact Kendila Monday through Friday 9:00 a.m. to 5:00 p.m. by speaking to their Inside Sales Representative and stating the reason for the requested return. 


If the reason for return is due to an alleged breach of the terms of the product's limited warranty, Kendila shall send a RGA form to be completed and included with the returned product. If the reason for return is other than an alleged breach of the terms of the product's limited warranty, Kendila may or may not issue a RGA, at Kendila sole discretion; in such a case, Kendila will not consider a return (i) beyond 90 days from original invoice date, or (ii) for products that are not in resalable condition (including, for example and without limitation, because the products were used in a manner or otherwise subjected to conditions that would otherwise void the limited warranty). In any case, if a Product is returned to Kendila without a valid RGA number, delivery shall be refused and the Customer shall be liable for all return shipping costs and charges, including, as applicable, all Taxes. If a RGA number is issued, it is valid for thirty (30) days. Products not returned to Kendila within such timeframe shall not be eligible for any return, regardless of reason, and delivery shall be refused. If a RGA number is issued, the Customer shall be responsible for all shipment costs and charges to Kendila, including, as applicable, all Taxes. 


When returning a product to Kendila, do not write on product box (including, without limitation, writing the RGA number or product description); doing so will result in a charge to cover any required replacements. Whatever the reason a RGA number is issued, the Customer shall bear sole risk for any product loss or damage while in transit Under no circumstance with Kendila accept delivery of a product without a valid RGA number. 

Returns Due to Alleged Product Defect

If, upon inspection, Kendila determines that a product has breached the terms of its limited warranty, Kendila shall reimburse the Customer for the Customer's shipment costs and charges and all Taxes in returning the Product to Kendila, but only up to the amount of standard UPS non-expedited surface charges from the Customer's destination to Kendila's address If Kendila determines that it shall repair or replace a product that has breached the terms of its limited warranty, shipping terms and procedures for such repaired or replaced product shall be as stated in the page "Terms & Conditions" section "Shipment/Delivery", except that Kendila, so long as it determines routing and mode of transportation, shall be responsible for all shipping costs and charges and all Taxes. 


If, upon inspection, Kendila determines that a product has not breached the terms of its limited warranty, Kendila shall return the product to the Customer at the Customer's expense, and otherwise according to the terms and procedures as stated in the page "Terms & Conditions" section  "Shipment/Delivery", provided that the Customer prepays the shipping costs and charges and Taxes and pays Kendila an additional testing charge of 15% of the product price; if the Customer does not pay such costs and charges and Taxes within 90 days of invoice, Kendila shall be under no obligation to return the products to the Customer, which shall become the property of Kendila. If the product is delivered to Kendila with missing or damaged parts or components, additional charges will result to cover any required replacements.

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