Issued By: ilumento USA LLC (Delaware Company) (“ilumento”)
Applicable To: Products sold by ilumento USA LLC within the United States. Purchaser: The business entity, contractor, or Distributor purchasing the product directly from ilumento USA LLC.
ilumento warrants to the Purchaser that all products manufactured by ilumento and sold hereunder will be free from material defects in material and workmanship for a period of five (5) years from the date the product is energized and configured using ilumento-prism software.
Products manufactured by a 3rd party and supplied by ilumento carry a warranty period of one (1) year from the date the product is energized and configured using ilumento-prism software.
The Standard Limited Warranty on ilumento-manufactured products is automatically extended to ten (10) years from the date of invoicing for installed systems continuously connected to the ilumento-sentinel monitoring cloud software. This extension is contingent upon the Purchaser (or the managed site) maintaining an active, paid license agreement for the ilumento-sentinel software with ilumento for the entire ten-year period. Failure to maintain the license agreement will revert the warranty period to the standard five (5) year period of the Standard Limited Warranty (clause 1). Additional non-monitored extended warranties may be available upon separate written agreement.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED AND EXCLUDED.
ilumento's sole liability and the Purchaser's exclusive remedy for any breach of this warranty is strictly limited to the repair or replacement of the defective product, or, at ilumento's option, a refund of the product purchase price.
Contractors who remove and replace any product verified as defective by the ilumento factory (and not due to an excluded cause) are entitled to labor reimbursement. Reimbursement shall strictly adhere to the fee schedule detailed in the latest version of the ilumento Warranty Replacement Document, available online at www.ilumento.com/legal/warranty-fees. ilumento will not pay any fees above and beyond those listed in that document. All labor warranty requests must be submitted through the proper sales channel for payment verification.
This warranty does not cover damage, failure, or defects resulting from: misuse, neglect, improper installation, testing or commissioning, unauthorized repair or modification, failure to comply with the terms of any written warranty or instruction manual, damage caused by other equipment or third-party products, corrosive environments, improper storage, operational power fluctuations, Acts of God (including but not limited to lightning, fire, flood, earthquake, tornado, or other severe weather events), accident, or any other cause not directly related to a defect in ilumento's materials or workmanship.
ILUMENTO SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (including, but not limited to, loss of profits or revenue, loss of data, loss of use of product or any associated equipment, cost of replacement equipment, downtime, any delay in delivery of the products or services, personal injury or death, or claims of any third parties, whether arising from a breach of warranty, contract, tort (including negligence), or otherwise.
Without limiting the clauses of this agreement ilumento’s total liability for defective or damaged Hardware, Software or Services supplied by it under this Agreement is limited atilumento’s option to either:
(a) replacing the products purchased and/or services; or
(b) remedying the products and/or services.
In no event shall ilumento's liability exceed the purchase price of the product giving rise to the claim.