Limited Warranty
(a) Seller warrants to each original Buyer of Products that Products are, at the time of delivery to the Buyer, in good working order and conform to Seller’s official published specifications, provided that no warranty is made with respect to any Products, ballasts, lamps, component parts, or accessories manufactured by others but supplied by Seller.
(b) Seller’s obligation under this warranty for any Product proved not to be as warranted within the applicable warranty period is limited to, at its option, replacing the Product, refunding the purchase price of the Product, or using reasonable efforts to repair the Product during normal business hours at any authorized service facility of Seller. All costs of transportation of any Product claimed not to be as warranted and of any repaired or replacement Product to or from such service facility shall be borne by Buyer.
(c) Seller may require the return of any Product claimed not to be as warranted to one of its facilities as designated by Seller, transportation prepaid by Buyer, to establish a claim under this warranty. The cost of labor for removing a Product and for installing a repaired or replacement Product shall be borne by Buyer. Replacement parts provided under the terms of this warranty are warranted for the remainder of the warranty period of the Products in which they are installed to the same extent as if such parts were original components. Warranty services provided under these terms and conditions do not assure uninterrupted operations of Products; Seller shall not be liable for damages caused by any delays involving warranty service.
(d) The warranty period for Products is twelve (12) months from the date of shipment unless otherwise agreed by Seller in writing.
(e) EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, SELLER PROVIDES PRODUCTS AS-IS AND MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE PRODUCTS, THEIR FITNESS FOR ANY PARTICULAR PURPOSE, THEIR MERCHANTIBILITY, THEIR QUALITY, THEIR NONINFRINGEMENT, OR OTHERWISE. IN NO EVENT SHALL SELLER BE LIABLE FOR THE COST OF PROCUREMENT OR INSTALLATION OF SUBSTITUTE GOODS. THIS WARRANTY SPECIFICALLY EXCLUDES POLE FAILURE RESULTING FROM A THIRD-PARTY ACT OR OMISSION, MISUSE, UNANTICIPATED USE, FATIGUE, FAILURE, OR SIMILAR PHENOMENA RESULTING FROM INDUCED VIBRATION, HARMONIC OSCILLATION, OR RESONANCE FROM AIR CURRENT MOVEMENT AROUND THE PRODUCT. THIS WARRANTY SPECIFICALLY EXCLUDES POLES INSTALLED WITHOUT THE LUMINAIRES OR WITH UNAPPROVED DEVICES SUCH AS BANNERS, PENNANTS, CAMERAS, OR SIGNS, FOR WHICH THE POLE WAS NOT DESIGNED. USE OF SUCH ACCESSORIES MAY RESULT IN INJURY, DEATH OR PROPERTY DAMAGE. THIS WARRANTY SPECIFICALLY EXCLUDES POLES USING PRE-EXISTING ANCHORAGES, ANCHOR BOLTS, OR BOLT ADAPTERS NOT SUPPLIED BY COOPER LIGHTING. IT ALSO EXCLUDES ISSUES RELATED TO FOUNDATION OR SOIL CONDITIONS AT THE INSTALLATION SITE.
