17
CINEO LIGHTING LIMITED WARRANTY
Products from Cineo Lighting are warranted against defects in materials and workmanship
for two years from the date the Product is shipped to Customer. Products are guaranteed
to perform substantially in accordance with the accompanying written materials within the
warranty period under normal use.
If the Product fails to work as warranted, Cineo Lighting will, in its sole discretion, repair or
replace the Product with a new or remanufactured Product that is at least equivalent to the
original Product. Customer must obtain a Return Material Authorization number from Cineo
Lighting before returning any Products under warranty to Cineo Lighting.
Customer shall pay expenses for shipment of repaired or replacement Products to Cineo
Lighting’s repair facility. Any repaired or replaced Products will be warranted for the remainder
of the original warranty period or thirty (30) days, whichever is longer. Cineo Lighting will
pay shipping of repaired goods back to the customer. After examining and testing a returned
product, if Cineo Lighting concludes that a returned product is not defective, Customer will be
notified, the product returned at Customer’s expense.
This Limited Warranty is void if failure of the Products has resulted from accident, abuse,
misapplication, or use outside of normal operating conditions. Warranty is void if serial number
has been defaced or removed.
NO OTHER WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH ABOVE, THE
PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, AND NO
OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED ARE MADE WITH RESPECT
TO THE PRODUCTS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-
INFRINGEMENT OR ANY OTHER WARRANTIES THAT MAY ARISE FROM USAGE OF
TRADE OR COURSE OF DEALING. ELEMENT DOES NOT WARRANT, GUARANTEE, OR
MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULTS OF THE
USE OF THE PRODUCTS IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE AND DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL
BE UNINTERRUPTED OR ERROR FREE. CINEO LIGHTING EXPRESSLY DISCLAIMS ANY
WARRANTIES NOT STATED HEREIN. NO LIABILITY FOR CONSEQUENTIAL DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
ELEMENT AND ITS LICENSORS, DISTRIBUTORS, AND SUPPLIERS (INCLUDING ITS
AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) BE LIABLE FOR ANY
DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY SPECIAL, DIRECT, INDIRECT,
INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, EXPENSES, LOST PROFITS,
INSTALLATION COSTS, LOST SAVINGS, BUSINESS INTERRUPTION, LOST BUSINESS
INFORMATION, OR ANY OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY
TO USE THE PRODUCTS, EVEN IF ELEMENT OR ITS LICENSORS, DISTRIBUTORS, AND
SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CINEO
LIGHTING’S TOTAL LIABILITY ON ALL CLAIMS, WHETHER IN CONTRACT, WARRANTY,
TORT (INCLUDING NEGLIGENCE OR BREACH OF STATUTORY DUTY), STRICT LIABILITY
OR OTHERWISE, SHALL NOT EXCEED THE AMOUNTS PAID BY CUSTOMER FOR THE
PRODUCTS.
Customer acknowledges that the applicable purchase price or license fee for the Products
reflects this allocation of risk. Because some states/jurisdictions do not allow the exclusion
or limitation of liability for consequential or incidental damages, the above limitation may not
apply. The above limitations shall apply notwithstanding the failure of any limited remedy to
fulfill its essential purpose.
