NEXT Lighting Corp. Limited Warranty and General Terms and Conditions
Warranty: NEXT Lighting Corp. (“NEXT”) warrants for five (5) years from the date of original purchase (“Warranty Period”) that the NEXT products sold directly by NEXT or through its authorized sales channels (“Product(s)”) are free from defects in material and workmanship. If NEXT determines that a Product is defective, NEXT’s sole obligation is expressly limited to, at NEXT’s option, the repair of the Product, replacement of the Product with the same or substantially similar Product, or refund of the amount paid for the Product. In no event shall NEXT be liable for any other costs or damages, including labor cost, lost profits, indirect, incidental, special or consequential damages. To submit a valid warranty claim, the purchaser (“Purchaser”) shall, within the Warranty Period, return to NEXT the Products which Purchaser considers defective, along with proof of purchase such as an invoice, by a method of shipment approved in advance by NEXT and per NEXT’s standard Return Material Authorization (RMA) procedures. No Products may be returned to NEXT without its prior written authorization. The determination of whether a Product is defective shall be made by NEXT in its sole discretion. This warranty shall be void if in NEXT’s reasonable opinion a defective condition was caused in whole or in part by Purchaser’s misuse, neglect, alteration, improper installation, attempts to repair, usage outside of the recommended specifications, failure to follow installation, operating, maintenance or environmental instructions prescribed by NEXT or applicable electrical code, or any other cause beyond normal usage in the manner for which the Product was designed, or by accident, fire, or other hazard. Repair or replacement shall not extend the warranty period for such Product, and NEXT reserves the right to use remanufactured or used parts of comparable function and performance in the warranty repair or replacement process.
THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, AND WITHOUT EXCLUDING THE GENERALITY OF THE FOREGOING, EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Acceptance/Governing Terms: Sales of any Products by NEXT, unless otherwise specifically agreed to in writing by an authorized NEXT representative, is expressly conditioned on the Purchaser’s assent to these Terms and Conditions. Any additional or different terms or conditions proposed by the Purchaser are expressly objected to and will not be binding upon NEXT unless specifically assented to in writing by NEXT. Failure to object to provisions contained in any purchase order or other communication from the Purchaser (including, without limitation, penalty clauses of any kind) shall not be construed as a waiver of these Terms and Conditions nor an acceptance of any other provisions. These Terms and Conditions may not be modified by course of dealing, course of performance, or usage of trade. These Terms and Conditions supersede all previous written or oral quotations, statements, or agreements. Any contract for sale by and between the parties shall be governed by, and construed according to the laws of the State of California,, USA, without regard to its rules on the conflict of laws. The Convention on the International Sales of Goods is expressly excluded.
Pricing and Payment: Prices are subject to change without notice. In the event of a price increase, all accepted orders shall be shipped at the original prices, provided such orders are released for shipping prior to the effective date of the price increase. If the orders are not released for shipment prior to the price increase, the order shall be billed at prices in effect at the time of shipment. Prices are exclusive of federal, state, local excise, sales, use, environmental, disposal or similar taxes and fees unless otherwise noted. NEXT reserves the right to correct errors or omissions in quotations, acknowledgements, invoices, or other documents. Payment terms are net 15 days from date of invoice. Purchaser will pay NEXT interest of one and one-half percent (1 1/2%) per month (eighteen percent (18%) per year), or a lower interest rate set by law, for all amounts not paid when due.
Delivery: Sales terms are FOB NEXT’s designated shipping facility. Freight and duty, as applicable, will be charged from this shipping point and shall be paid by Purchaser. Risk of loss of or damage to the Products is transferred from NEXT to Purchaser when NEXT delivers the Products to the carrier. NEXT may make partial shipments at its own discretion, billing each shipment as it is made, but on terms applicable to the complete order. All shipments will be made via a carrier selected by NEXT. Scheduled delivery dates are estimates only. NEXT may assign the applicable purchase order to NEXT’s manufacturing partners and licensees of the NEXT Products.
Limitation of Liability: Notwithstanding anything to the contrary herein, NEXT, ITS CONTRACTORS AND SUPPLIERS OF ANY TIER, SHALL NOT BE LIABLE IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY) OR OTHERWISE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER. The remedies of the Purchaser set forth herein are exclusive where so stated and the total cumulative liability of NEXT, its contractors and suppliers of any tier, whether in contract, in tort (including negligence or strict liability) or otherwise, shall not exceed the amount paid by Purchaser for the Product(s) on which such liability is based.
Revision: NEXT reserves the right to revise this Warranty and General Terms and Conditions, and such revision shall apply to sales of the Products made on or after the effective date of such revision. The effective date of this revision is September 17, 2014.