MHT LIGHTING- LED
10 – YEAR LIMITED WARRANTY
MHT LIGHTING warrants all LED fixture housings sold hereunder to be free from defect in manufacturing, under normal and proper storage, installation and use for a period of ten (10) years from the date of shipment. MHT LIGHTING warrants that all of its LED’s be free from defect for a period of ten (10) years and power supplies are guaranteed to be free from defects for a period of (5) years from the date of shipment. MHT Streetlight power supplies shall be free from defect for a period of ten (10) years or 50,000 hours, whichever comes first. The LED fixture will be deemed defective when the number of non-functioning diodes exceeds 10% or more of the total diodes. Our guarantee and obligations under this warranty and the sole remedy for its breach are limited to repair at its manufacturing facility of any part of parts of the product which proves to be defective or in the sole discretion of MHT LIGHTING for the replacement of such products. All returns of defective parts and products must include the product number and serial number and must be arranged through MHT LIGHTING authorized distributor in accordance with MHT’s return material authorization (RMA) policies and MHT confirms the defect. All returns must be shipped prepaid. Required or replaced parts will be shipped by MHT LIGHTING FOB shipping point. The warrants provided herein does not cover charges for labor, or any other costs incurred in the troubleshooting, repair, removal, installation, service or handling of parts or complete products. Warranty excludes any and all components not manufactured by MHT, including but not limited to, receptacles, photocells and controls.
MHT LIGHTING shall not be responsible for damages that result from deliveries that do not occur within the customer’s specified time frame or any delay or default in delivering products where occasioned by any cause beyond the control of MHT LIGHTING, including without limitation, embargoes, shortage of labor, raw materials or fuel, fires, floods, accidents, acts of law or similar causes.
All claims under this warranty provided herein must be made within 90 days from the date of the discovery of the default. Failure to notify MHT LIGHTING of a warranty defect within 90 days of its discovery voids all obligations hereunder. The warranty provided herein shall be void and of no effect in the event that (a) the product has been operated outside its designed output capacity; (b) the product has been subjected to misuse, neglect, accident, improper or inadequate maintenance, corrosive environments, environments containing airborne contaminants (silicone, aluminum oxide, etc.), or excessive thermal shock; (c) unauthorized modifications are made to the product; (d) the product is not installed or operated in compliance with the manufacturer’s printed instructions; (e) the product is not installed and operated in compliance with applicable building, mechanical, plumbing and electrical codes; or (f) the serial number of the product has been altered, defaced or removed. Remedies are limited to the pro-rata usage of the product.
Exceptions: The above warranty shall not apply and MHT makes no representations or warranties with respect to plastic or poly carbonate lenses; acts of god including, without limitation; lightning strikes and problems caused by any improper action or failure to act by any person or entity without limitation problems caused by the improper installation of any MHT fixture.
THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR MHT LIGHTING PRODUCTS, AND IS IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES. MHT LIGHTING CORPORATION SPECIFICALLY DISCLAIMS ALL OTHER EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The foregoing warranty states MHT’s entire and exclusive liability, and buyers sole and exclusive remedy, in connection with the products and all parts, design, suitability for use, installation and operation. No person or entity is authorized to bind MHT LIGHTING to any other warranty, obligation or liability for any MHT LIGHTING product. Installation, operation or use of MHT LIGHTING product for which this warranty is issued shall constitute acceptance of the terms hereof.
LIMITATION OF LIABILITY. MHT shall not be liable under any theory of relief, including without limitation breach of warranty, breach of contract, tort (including negligence), strict liability, or otherwise, arising out of or related to any breach of warranty, any MHT products and the use thereof, or any other acts or omissions of MHT for: (i) and indirect, incidental, special or consequential damages, whatsoever (including without limitation, loss of anticipated value of a business or its reputation) or (ii) any damage or loss in excess of the price actually paid by buyer to the authorized MHT distributor for the products that caused the damages. Any action by buyer after the cause of action has accrued.
MISCELLANEOUS. These product warranty terms shall be governed by the laws of the State of New York. Buyer consents to the personal jurisdiction and venue of the courts of the State of New York. Buyer consents to the personal jurisdiction and venue of the courts of the State of New York. Any legal or equitable claim of any nature arising hereunder shall be filed and maintained in the state or federal courts in the State of New York and buyer agrees that such courts are a convenient forum for adjudication. In the event that suit is necessary to recover amounts owed to MHT, buyer shall be liable for reasonable attorney’s fees, interest and costs of collection. No agreement or understanding varying the terms and conditions hereof shall be binding upon MHT or buyer unless in writing and signed by duly authorized representatives of both parties. These product warranty terms shall insure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.