Subject to the exclusions set forth below, Hubbell Lighting, Inc. (“Hubbell”) warrants that the Hubbell branded products will be free from defects in material and workmanship, which cause the products to fail to operate in accordance with the specifications set forth in the documentation published or provided with the products (the “specifications”) for the applicable period. The warranty period shall begin with the product shipment date.
The obligations created by this limited warranty to repair or replace a defective product shall be the sole and exclusive remedy of a buyer in the event of a defective product. Except as expressly provided herein, Hubbell disclaims all other warranties, whether express or implied, oral or written, with respect to the products, including without limitation all implied warranties of noninfringement, merchantability or fitness for any particular purpose.
This Warranty applies only when the Products have been properly handled, stored, wired, transported, installed, operated and maintained in accordance with the applicable specifications, including, without limitation, installation in applications in which ambient temperatures are within the range of specified operating temperatures and operation within the electrical values shown on the Specifications. Hubbell will shall have no responsibility under this warranty for any failure of the products that results from external causes, including without limitation: acts of nature; physical damage; exposure to adverse or hazardous chemicals or other substances; use of reactive cleaning agents and/or harsh chemicals to clean the products; environmental conditions; vandalism; fire; power failure, improper power supply, power surges or dips, and/or excessive switching; fatigue failure or similar phenomena resulting from induced vibrations, harmonic oscillation or resonance associated with movement of air currents around the product; animal or insect activity; fault or negligence of the purchaser of the products, the end user and/or any third parties, improper or unauthorized use, installation, handling, storage, alteration, maintenance or service, including failure to abide by any product classifications or certifications, or failure to comply with any applicable standards, codes, recommendations, product specification sheets, use of products with products, processes or materials supplied by the purchaser of the products, the end user or third parties. In addition, Hubbell shall have no responsibility under this Warranty for any substantial deterioration in the product finish that is caused by failure to clean, inspect or maintain the finish of the products. During the warranty period some staining, chalking or fading may occur. This is normal aging of the finish and is not a manufacturing defect; therefore it is not covered by this warranty.
The Products are not warranted against cost resulting from installation of third party components, failures of third party supplied components, or failures of Hubbell provided products caused by third party provided components. This warranty is not applicable to any product(s), which are not installed and operated in accordance with the current edition of The National Electric Code (NEC), the Standards for Safety of Underwriters’ Laboratory, Inc. (UL), or the standards for the American National Standards Institute (ANSI), and with Hubbell instructions and guidelines for the Product. This warranty is void with respect to any product if the product is not used for the purpose for which it was designed or if any repairs or alterations are made by any unauthorized person.
If the product(s) fail to comply with the terms of this warranty and the
end user has fully complied with all of the obligations under this warranty, Hubbell, at its sole option, will repair or replace the product(s) with the same or a functionally equivalent product(s) or component part(s). Specifically, Hubbell will repair the product or replace with a similar or like product (as determined by Hubbell in its sole discretion). Hubbell reserves the right to use new, reconditioned, refurbished, repaired or remanufactured products or parts in the repair or replacement of any product covered by this Warranty. This warranty excludes any and all removal or reinstallation costs and expenses including, without limitation, labor and equipment required to remove and/or reinstall original or replacement product(s) or parts. This Warranty may not be transferred or assigned by the end user. The repair or replacement of any products or component part within the products is the sole and exclusive remedy for failure of the products to comply with the terms of this warranty and does not extend the warranty period.
No Other Warranties:
The foregoing warranty terms are exclusive and in lieu of all other warranties and Hubbell expressly disclaims any and all other warranties, express or implied relating directly or indirectly to the product(s), whether oral, written, or arising by course of dealing or usage of trade, including, without limitation, any warranties of merchantability or fitness for a particular purpose.
Limitation of Liability:
In no event shall Hubbell be liable for special, incidental, consequential, indirect or compensatory damages resulting from breach of contract, warranty, tort (including negligence), strict liability or any other theory, including without limitation labor or equipment required to remove and/or reinstall original or replacement parts, or equipment required to remove and/or reinstall original or replacement parts, lost revenues or profits, business or goodwill, loss of use of the product(s) or any associated equipment.