**Made to order items. NO RETURNS ACCEPTED**
LIMITED WARRANTY AND DISCLAIMER
(a) In most instances, Signify Products are sold subject to an applicable standard limited warranty either accompanying the product or as published on Signify’s website as the standard warranty applicable for a particular Product (the “Standard Product Warranty”). For any Product that is sold by Signify that is not subject to an applicable Standard Product Warranty, Signify warrants only that for one (1) year from delivery to Customer the Products will be free from Defects. For any Services that are performed by Signify, Signify warrants only that for thirty (30) days from the performance, the Service will be free from Defects (except in respect of Installation where this thirty (30) days’ warranty period will commence upon acceptance as set out in section 6(c). A " Defect" (or “Defective”) means, in relation to a Product, that a Product has any defect in material or workmanship which causes the Product to fail to operate in accordance with the specifications provided by Signify, with consideration given to the overall performance of the Product and, in relation to Services, means that the Service has not been performed in a competent, diligent manner.
(b) In order to be entitled to make a valid claim under warranty, Customer shall promptly notify Signify of alleged Defective Products or Defective Services prior to expiration of the warranty period. In the event that Signify decides, in its sole discretion, that a claim under warranty is valid, Signify shall, within a reasonable time, at its own option, repair or offer replacement products for Defective Products, or remedy or supplement any Defective Services. If despite reasonable efforts of Signify, a Defective Product cannot be repaired, no replacement product can be supplied, or Defective Services cannot be remedied or supplemented, Signify shall make an appropriate refund or credit of monies paid by Customer for those Defective Products or Defective Services. Repairs, replacements or remedies will not extend or renew the applicable warranty period. Customer shall obtain consent from Signify on the specifications of any tests it plans to conduct to determine whether a Defect exists. Replacement products supplied by Signify may have minor deviations in design and/or specifications which do not affect the functionality of replaced Product. In respect of any replaced or credited Products, Signify may, in its sole discretion, either claim the property of replaced or credited Products and require Customer to return these to Signify, or instruct Customer to destroy these at Customer’s costs.
(c) Customer shall bear the costs of access for remedial warranty efforts by Signify, including removal and replacement of systems, structures or other parts of Customer’s facility, the de-installation of Defective Products, and the re-installation of replacement products. Customer shall not return Products to Signify without consent of Signify and unless in accordance with applicable Signify’s return policies. In the event that Signify decides that a claim under warranty is not valid, Customer will bear the costs incurred by Signify in handling and testing, and the transport of Products returned.
(d) Any indemnification and warranty obligations of Signify under an Agreement are conditional upon:
(e) proper storage, installation, use, operation, and maintenance of Products, all in accordance with user manuals, warranty policies and other instructions or terms communicated by Signify to Customer; (ii) Customer keeping accurate and complete records of operation and maintenance during the warranty period and providing Signify access to those records; and (iii) modification or repair of Products or Services only as authorized by Signify. Failure to meet these conditions renders the warranty null and void. Signify will not be responsible for normal wear and tear, or environmental or stress testing. The warranty provided in this section 9 does not apply to damage or failure to perform arising as a result of any Force Majeure or from any abuse, misuse, abnormal use, improper power supply, powers surges or fluctuations, corrosive environments, neglect, exposure or any use or installation in violation of the instructions or restrictions prescribed by Signify or any applicable standard or code.
