STATEMENT OF LIMITED WARRANTY FOR M.C. Wholesale Inc. LED COMMERICAL INDOOR/OUTDOOR LIGHTING PRODUCTS FOR SHIPMENTS WITHIN THE UNITED STATES 1/01/2018.
Subject to the exclusions set forth below, M.C. Wholesale Inc. (“M.C. Wholesale”) warrants its
commercial indoor light emitting diode (LED) fixtures, including the LED arrays and the LED drivers and
integral control devices (“Product(s)”) to be free from defect in material and workmanship (the“General
Warranty”) for a period of five (5) years from the date of shipment from M.C. Wholesale Inc. facilities.
LED must maintain 70% of their initial lumens during their rated life. This Statement of Limited Warranty
(“Warranty”) applies only when the Product(s) are installed in applications in which ambient
temperatures are within the range of specified operating temperatures and are operated within the
electrical values shown on the LED driver Label. M.C. Wholesale will not be responsible under this
Warranty for any failure of the Product(s) that results from external causes such as: acts of nature;
physical damage; exposure to adverse or hazardous chemical or other substances: use of reactive
cleaning agents and/or harsh chemicals to clean the Product(s); environmental conditions; vandalism,
fire; power failure, improper power supply, power surges or dips, and/or excessive switching; induced.
vibration; animal or insect activity; fault or negligence of purchaser, any end user of the Product(s)
and/or any third party not engaged by M.C. Wholesale; 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, or instructions of manufacture. use of the Product(s)
with products, processes or materials supplied by any end user or third party; or any other
occurrences beyond M.C. Wholesale’s reasonable control. M.C. Wholesale also will not be responsible
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 Product(s).
If the Product(s) are used on existing foundations, anchorages or structures, the end user is solely
responsible for the structural integrity of such existing foundations, anchorages, or structures and all
consequences arising from their use. Adequate records of operating history, maintenance, and/or
testing must be kept by the end user and provided to M.C. Wholesale upon request to substantiate that
the Product(s) have failed to comply with the terms of this Warranty. Neither polycarbonate nor acrylic
material used in the Products is warranted against yellowing, as yellowing may naturally occur over time
due to normal aging. The Product(s) are not warranted against costs that may be incurred in connection.
with changes or modifications to the Product(s) required to accommodate site conditions and/or faulty
building construction or design. In addition, the Product(s) are not warranted against cost resulting.
from installation of third-party components, failures of third party supplied components, or failures.
of M.C. Wholesale supplied Product(s) caused by a third party supplied component. This Warranty
only applies to the Product(s) when sold for commercial purposes and does not apply to any consumer.
product(s), all of which are governed by separate limited warranty terms. If the Product(s) fail to comply
with the terms of this Warranty, M.C. Wholesale, at its option, will repair or replace the Product(s) with
the same or a functionally equivalent Product(s) or component part(s). This Warranty excludes labor and
equipment required to remove and/or reinstall original or replacement parts. This Warranty extends
only to the Product(s) as delivered to, and is for the sole and exclusive benefit of, the original end user of
the Product(s) at the original location. This Warranty may not be transferred or assigned by the original
end user. The repair or replacement of any Product(s) or component part within the Product(s) is the
sole and exclusive remedy for failure of the Product(s) to comply with the terms of this Warranty and
does not extend the Warranty period. Warranty claims regarding the Product(s) must be submitted in
writing within (30) days of discovery of the defect or failure to an authorized post-sales or customer
service representative. Product(s) or component part(s) may be required to be returned for inspection
and verification of non-conformance by M.C. Wholesale, but no Product(s) or component part(s) will be
accepted for inspection, verification or return unless accompanied by a “return authorization number.”
which can be obtained only from an authorized M.C. Wholesale post-sales or customer service
representative. M.C. Wholesale is not responsible for any costs and expenses incurred in connection with
shipment of Product(s) to M.C. Wholesale, but M.C. Wholesale shall bear all cost and expense incurred
in connection with shipment of replacement Product(s) to the customer.
THE FOREGOING WARRANTY TERMS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, AND
M.C. WHOLWSALE EXPRESSLY DISCLAIMS 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. NO AGENT, DISTRIBUTOR OR OTHER
SUPPLIER OF M.C. WHOLESALE PRODUCTS HAS THE AUTHORITY TO MODIFY OR AMEND THIS
WARRANTY WITHOUT EXPRESS WRITTEN AUTHORIZATION FROM M.C. WHOLESALE INC.
The total liability of M.C. Wholesale on any and all claims of any kind, whether in contract, warranty,
tort (including negligence), strict liability or otherwise, arising out of or in connection with, or resulting.
from, M.C. Wholesale’s performance or breach of this Warranty, or from M.C. Wholesale’s sale,
delivery, resale, repair, or replacement of any Product(s) or the furnishing of any services, shall in no
event exceed the purchase price allocable to the Product(s) that give rise to the claim, and any and all
such liability shall terminate upon the expiration of the warranty period specified above.
STATEMENT OF LIMITED WARRANTY FOR M.C. WHOLESALE INC. LED COMMERICAL INDOOR PRODUCTS
FOR SHIPMENTS WITHIN THE UNITED STATES. IN NO EVENT SHALL M.C. WHOLESALE INC BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER AS THE
RESULT OF 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, LOSS OF TIME, PROFITS OR REVENUES, LACK
OR LOSS OF PRODUCTIVITY, INTEREST CHARGES OR COST OF CAPITAL, COST OF SUBSTITUTE
EQUIPMENT, SYSTEMS, SERVICES OR DOWNTIME COSTS, DAMAGE TO OR LOSS OF USE OF PROPERTY
OR EQUIPMENT OR ANY INCONVENIENCE ARISING OUT OF ANY BREACH OF THE FOREGOING
WARRANTY OR OBLIGATIONS UNDER SUCH WARRANTY. M.C. Wholesale Inc. reserves the right to modify
or discontinue this Warranty without notice provided that any such modification or discontinuance will
only be effective with respect to any Product(s) purchased after such modification or discontinuance.