LED STICKLIGHT (ALL MODELS) ONE YEAR LIMITED WARRANTY
Radium Incorporated ("Radium") warrants to the original retail consumer purchaser, and not any other purchaser or subsequent owner, that the LED StickLight (“Product”) will be free from defects in material or workmanship for a period of one (1) year from the purchase date. This Product warranty does not cover the following: (1) improper installation or mounting, (2) improper use or mishandling, (3) cosmetic damage from normal wear and tear, or (4) damage caused by electrical current fluctuations, collisions, vandalism, other accidents, “Acts of God,” or similar causes.
For a period of one (1) year from the date of purchase, at no charge to the Purchaser, Radium will repair or replace this Product if it is determined by Radium to be defective. After the warranty period, the Purchaser must pay all charges for parts, labor and/or replacement.
Coverage under this warranty is only valid within the United States, including its territories.
Radium does not warrant any installation or mounting of the Product, which is the sole responsibility of the Purchaser. Improper mounting and installation may cause damage to or compromise the integrity of the Product. Radium's warranty does not cover any expenses incurred in removing Products that are defective or re-installing replacement Products in their place.
During the warranty period, to have the Product repaired or replaced, the Purchaser must return the Product, freight prepaid by the Purchaser, to Radium. The Product must be returned in its original carton or in a similar package affording an equal degree of protection. Radium will return the repaired or replaced Product to the Purchaser at no cost. During the warranty period, Radium may cross-ship a replacement unit, at Radium’s discretion, to the Purchaser.
This limited warranty is non-transferrable and will automatically terminate if the original retail consumer purchaser resells the Product or transfers the assembly/structure on which the Product is installed. An "original retail consumer purchaser" is the person or entity who purchases the Product, or a gift recipient of a new Product that is in its original packaging and unopened.
This limited warranty is subject to all of the following terms and conditions:
TERMS AND CONDITIONS
1. NOTIFICATION OF CLAIMS; WARRANTY SERVICE: If Purchaser believes that a Product is defective in material or workmanship, an RMA request must be submitted promptly in writing by Purchaser to Radium Product Support (email@example.com). All warranty claims must be made within the warranty period, and any Products returned to Radium must be shipped in accordance with Radium's RMA procedures (including use of RMA numbers supplied by Radium after notification). The repair or replacement of any Product or part thereof shall not extend the original warranty period. The specific warranty on the repaired part only shall be in effect for a period of ninety (90) days following the repair or replacement of that part, or the remaining period of the Product warranty, whichever is greater.
2. EXCLUSIVE REMEDY; ACCEPTANCE: Purchaser's exclusive remedy and Radium's sole obligation is to supply (or pay for) all labor necessary to repair any Product found to be defective within the warranty period and to supply new or rebuilt replacements for defective parts. Radium will refund the purchase price for such Product only if repair or replacement fails to remedy the defect. Purchaser's failure to make a claim as provided in paragraph 1 above or continued use of the Product shall constitute an unqualified acceptance of such Product and a waiver by Purchaser of all claims thereto.
3. EXCEPTIONS TO LIMITED WARRANTY: Radium shall have no obligation to Purchaser with respect to any Product that is subjected to any of the following: abuse, improper use, negligence, accident, modification, failure to follow the operating procedures outlined in the user's manual, failure to follow proper maintenance procedures for the Product, attempted repair by non-qualified personnel, operation of the Product outside of the published environmental and electrical parameters, or if the Product's original identification (trademark, serial number) markings have been defaced, altered, or removed. Warranty does not include or mean excessive voltage coverage. Voltage above 130vac could potentially burn out the LED. Radium excludes from warranty coverage Products sold AS IS and/or WITH ALL FAULTS. Radium also excludes from warranty coverage any consumable items such as fuses and batteries.
4. PROOF OF PURCHASE: The Purchaser's dated bill of sale must be retained as evidence of the date of purchase and to establish warranty eligibility.
DISCLAIMER OF WARRANTY
EXCEPT FOR THE FOREGOING WARRANTIES, RADIUM HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY WITH REGARD TO ANY CLAIM OF INFRINGEMENT THAT MAY BE PROVIDED IN SECTION 2-312(3) OF THE UNIFORM COMMERCIAL CODE OR IN ANY OTHER STATE STATUTE.
LIMITATION OF LIABILITY
THE LIABILITY OF RADIUM, IF ANY, AND PURCHASER'S SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND WHATSOEVER, REGARDLESS OF THE LEGAL THEORY AND WHETHER ARISING IN TORT OR CONTRACT, SHALL NOT BE GREATER THAN THE ACTUAL PURCHASE PRICE OF THE PRODUCT FOR WHICH SUCH CLAIM IS MADE. IN NO EVENT SHALL RADIUM BE LIABLE TO PURCHASER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, COMPENSATION, REIMBURSEMENT OR DAMAGES ON ACCOUNT OF THE LOSS OF PRESENT OR PROSPECTIVE PROFITS OR FOR ANY OTHER REASON WHATSOEVER.
GOVERNING LAW: This non-transferrable limited warranty shall be governed by the law of the Commonwealth of Virginia, and the United States of America, excluding their conflicts of laws principles. The courts of Augusta County, Virginia, shall have the exclusive jurisdiction over any legal action with respect to this warranty.
This limited warranty gives specific legal rights. You may also have other rights that may vary from state to state or from country to country. Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. You are advised to consult applicable state or country laws for a full determination of rights.