Warrants all products sold hereunder to be free from defects in manufacturing, under normal and proper storage, installation, and use for a period of one (1) year from the date of shipment. Our guarantee liability extends only to the repair or replacement will be paid by CALIVE unless prior written authority has been granted by our Post-Sale Department. For more details on warranty you can go to www.calivellc.com or contact CALIVE by email—firstname.lastname@example.org
CALIVE shall not be liable for damages that result from deliveries that do not occur within a customer’s specified time frame or for any delay or default in the delivering products where occasioned by any cause beyond the control of CALIVE, including without limitation embargo’s, shortages of labor, raw materials, or fuel; fires; floods; accidents’ acts of war’ or other similar cause. All damage claims must be made within five (5) days of receipt of shipment. ALL CALIVE merchandise is inspected prior to shipping our liability ceases upon acceptance of merchandise by the carrier. All claims must therefore be filed with the carrier. DO NOT DEDUCT for damaged merchandise when paying invoices, as a carrier reimburse the consigned. We will assist in collecting your claim, but the liability for payment of the Claims remains the carrier.
THE FOREGOING WARRANTY TERMS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, AND CALIVE. EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING DIRECTLY OR INDIRECTLY TO THE LED FIXTURE(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 CALIVE. PRODUCTS HAS THE AUTHORITY TO MODIFY OR AMEND THIS WARRANTY WITHOUT EXPRESS WRITTEN AUTHORIZATION FROM CALIVE.
The total liability of CALIVE. 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, CALIVE’s performance or breach of this Warranty, or from CALIVE’s sale, delivery, resale, repair, or replacement of any LED Fixture(s) or the furnishing of any services, shall in no event exceed the purchase price allocable to the LED Fixture(s) that give rise to the claim, and any and all such liability shall terminate upon the expiration of the warranty period specified above.
IN NO EVENT SHALL CALIVE. 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.
CALIVE. 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 LED Fixture(s) purchased after such modification or discontinuance. For more details on warranty you can go to www.calivellc.com or contact CALIVE by email—email@example.com