Seller Limited Warranty
Seller warrants each new MFlex Light™ System manufactured by it to be free from Defects (as defined below) in material and workmanship under normal use and service, provided, however, that this warranty is limited to making good at Seller's factory, any part or parts, which shall, within 365 days after delivery of such MFlex Light™ System to the purchaser (the “Warranty Period”), be returned to Seller with transportation charges prepaid, and which on Seller's examination shall disclose to Seller's satisfaction to have been thus defective. This warranty is in lieu of all other warranties expressed or implied and all other obligations or liabilities on the part of Seller. Seller neither assumes nor authorizes any other person to assume for it any other liability in connection with the sale of its MFlex Light™ System. Products and/or components of the MFlex Light™ System not manufactured by Seller shall be subject only to the original warranty extended by the manufacturer of such products. The warranty shall be deemed effective on the date that Seller formally determines that the applicable MFlex Light™ System is defective.
This warranty shall not apply to any MFlex Light™ System which shall have been repaired or altered outside of Seller's factory in any way so as, in its judgment, to affect its stability or reliability, nor which has been subject to misuse, negligence or accident.
This warranty shall not apply to any MFlex Light™ System where the tamper-proof seal on the original packaging containing the MFlex Light™ System has been broken or tampered with prior to use of the MFlex Light™ System.
If the Seller breaches any of its material obligations under this Agreement (a "Seller Breach"), the Seller shall pay to the Customer an amount not to exceed 100% of the Purchase Price of the MFlex Light™ System (the "Liquidated Damages"). The parties intend that the Liquidated Damages constitute compensation, and not a penalty. Seller and Customer acknowledge and agree that the Seller's harm caused by a Seller Breach would be impossible or very difficult to accurately estimate, and that the Liquidated Damages are a reasonable estimate of the anticipated or actual harm that might arise from a Seller Breach. The Seller's payment of the Liquidated Damages is the Seller's sole liability and entire obligation and the Seller's exclusive remedy for any Seller Breach.
EXCEPT FOR THE WARRANTY SET FORTH IN DOCUMENT, SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE MFlex Light™ System, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
Limited Warranties do not apply where the MFlex Light™ System:
(a) has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental conditions, or use contrary to any instructions issued by Seller;
(b) has been reconstructed, repaired, or altered by anyone other than Seller or its authorized representative; or
(c) has been used with any third-party product, hardware or product that has not been previously approved in writing by Seller; or
(d) where the tamper-proof seal on the original packaging containing the MFlex Light™ System has been broken or tampered with prior to use.
Definition of Defect
The MFlex Light™ System has been designed to provide sufficient lighting even if a contiguous failure occurs that reduces the total amount of light being produced by the System. The following chart shows the linear amount of contiguous light failure that must occur for the failure to qualify as a Defect in the System that is under Warranty. As the chart shows, the amount of contiguous light failure that must occur in order to constitute a Defect increases in proportion to the amount of contiguous lighting provided by the applicable System.
For example, if a System producing 3 meters of contiguous light was purchased, in order to qualify as a Defect covered by the Warranty, at least .25 meters, or .81 feet, or 9.75 inches of contiguous light must have been disrupted.