ADAPTALUX ONE (1) YEAR LIMITED MANUFACTURER WARRANTY FOR PRODUCTS PURCHASED IN EUROPE AND UNITED STATES OF AMERICA (“Limited Warranty”)
This international Limited Warranty is provided by Adaptalux Ltd. as the manufacturer of the Adaptalux lighting system (the “Product”).
THIS LIMITED WARRANTY IS IN ADDITION TO THE LEGAL RIGHTS THAT YOU WILL HAVE AGAINST THE PERSON WHO SOLD YOU THE PRODUCT, WHICH INCLUDES CERTAIN LEGAL RIGHTS IN CONNECTION WITH DEFECTIVE PRODUCTS AND/OR PRODUCTS NOT PROVIDED IN ACCORDANCE WITH YOUR CONTRACT WITH THAT PERSON.
Adaptalux warrants that the Product will be free from defects in materials and workmanship under normal use (and subject to the remaining terms of this Limited Warranty document set out above and below) for a period of ONE (1) YEARS from the date of retail purchase by the original purchaser who purchased the Product (also referred to below as “you” or “your”) (this period being the “Warranty Period”). This Limited Warranty applies to Products purchased in Europe and the United States of America.
Adaptalux does not warrant that the operation of the Product will be uninterrupted or error-free. Adaptalux is not responsible for damage arising from failure to follow instructions relating to the Adaptalux’s use.
During this Warranty Period, if a defect arises, and provided you follow the instructions for returning the Product set out below, Adaptalux will, at Adaptalux’s option, either:
(i) repair the Product using either new or refurbished parts;
(ii) replace the Product with a new or refurbished Product; or
(iii) refund the purchase price of the Product.
Any replacement may be, at the absolute option of Adaptalux, a new or refurbished product.
A replacement or repaired Product will benefit from this Limited Warranty for the remainder of the Warranty Period or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you.
When a Product is exchanged, any replacement item becomes your property and the replaced item becomes Adaptalux’s property. When a refund is given, the Product for which the refund is provided must be returned to Adaptalux and becomes Adaptalux’s property.
What the Limited Warranty covers
This Limited Warranty applies only to hardware products manufactured by or for Adaptalux that can be identified by the “Adaptalux” trade name, or logo affixed to them.
This Limited Warranty only applies to the original customer who has purchased the Product for their private and domestic use.
What the Limited Warranty does not cover
This warranty does not apply:
(i) to consumable parts of the Product, such as batteries, unless damage to the battery has occurred due to a defect in materials or workmanship;
(ii) to cosmetic damage due to fair wear and tear, including but not limited to scratches, dents and broken plastic on ports;
(iii) defects or damage caused by misuse, accident (including without limitation collision, fire and the spillage of food or liquid), neglect, abuse, alteration, unusual stress, modification, improper or unauthorized repair by a non-Adaptalux entity, improper storage, or if the serial number has been removed;
(iv) to damage caused by operating the Product outside the permitted or intended uses described by Adaptalux on its website, marketing materials or product instructions;
(v) to damage caused by use with non-Adaptalux products;
(vi) to any non-Adaptalux hardware products or any software, unless the hardware or software is packaged with Adaptalux hardware at the time of your purchase.
Warranty claims may not be made where the serial number on the Product has been altered, removed or cannot be identified.
(vii) Any Adaptalux product that has been tampered with or previously disassembled in an attempt to fix any problems, including any “self-repair” attempts.
Limitations of Liability
This Limited Warranty gives you specific legal rights against Adaptalux, but nothing in this Limited Warranty seeks to override any additional rights you may have in your country against Adaptalux (as manufacturer) or the person from whom you purchased the Product.
Adaptalux will be liable to you for all losses you suffer which were foreseeable consequences of Adaptalux’s failure to comply with the terms of this Limited Warranty, but, except where it is unlawful or illegal for Adaptalux to exclude or attempt to exclude liability) in no event will Adaptalux be liable to you for any losses that you suffer as a result of Adaptalux’s failure to comply with this Limited Warranty which fall into the following categories:
(i) loss of use;
(ii) loss of income or revenue;
(iii) loss of profits;
(iv) loss of the use of money;
(v) loss of anticipated savings;
(vi) loss of business;
(vii) loss of opportunity;
(viii) loss of goodwill;
(ix) loss of reputation;
(x) loss of, damage to or corruption of data;
(xi) any costs of recovering, programming, or reproducing any program or data stored or used with Adaptalux products;
However, nothing in this Limited Warranty shall prevent you from bringing a claim against Adaptalux for foreseeable loss of, or damage to, your physical property caused by a defective Product. Nothing in this Limited Warranty excludes or limits in any way Adaptalux’s liability for:
(i) death or personal injury claims caused by Adaptalux’s negligence;
(ii) fraud or fraudulent misrepresentation;
(iii) any breach of the obligations implied by law regarding the passing of good title to the Product;
(iv) for legal protection applying in your country for certain product liability issues that cannot be excluded by law; or
(v) for any other matter for which it would be illegal or unlawful for Adaptalux to exclude or attempt to exclude.
Claiming under the Limited Warranty
You should retain a copy of your proof of purchase to make it easier for Adaptalux to process any claim you may make under this Limited Warranty.
To make a claim under this Limited Warranty, you must contact Adaptalux in the first instance using the following e-mail address: email@example.com within the Warranty Period. Adaptalux will provide you with a Return Material Authorization (“RMA”) to be used in any subsequent correspondence that you have with Adaptalux in connection with making a claim under this Limited Warranty. You will then need to return the defective Product, together with proof of purchase, to the address specified by Adaptalux in connection with the RMA. The cost of returning the Product to Adaptalux will be at your cost.
This Limited Warranty is governed by and construed by the laws of England and each party submits to the non-exclusive jurisdiction of the English courts.