STATEMENT OF LIMITED WARRANTY FOR EVERWATT BRANDS
LED COMMERCIAL OUTDOOR PRODUCTS
EverWatt Lights warrants to the original purchaser (“Purchaser”) that the EverWatt branded outdoor commercial luminaires will be free from defects in material and workmanship which cause the product to fail to operate in accordance with the performance specifications set forth in documentation published for or provided with the Product (“Specifications”) for the applicable period and subject to the additional terms and conditions set forth. Subject to the exclusions set forth below, EverWatt Lights (“EverWatt”) warrants its commercial outdoor light emitting diode (LED) fixtures, including the LED arrays and the LED drivers and integral control devices (“Products(s)”), to be free from defect in material and workmanship (the “General Warranty”) for a period of five (5) years from the date of shipment from EverWatt’s facilities. The LED arrays in the Product(s) will be considered defective in material or workmanship only if a total of 15% or more of the individual light emitting diodes in the Product(s) fail to illuminate. The painted finish of the Product(s) will be considered defective in material or workmanship only if there is substantial deterioration, in the form of blistering, cracking, or peeling. The painted finish is not warranted against fading or chalking, as Product(s) may naturally fade or chalk over time due to normal aging.
Unless otherwise stated the following products and product types are excluded from this warrant, photocells (standard issue NEMA and button type), occupancy sensors, low voltage indicators, fuses, surge suppressors, ballasts, lamps, emergency batteries and poles and other third party accessories that are not manufactured by EverWatt are excluded from this warranty, but may be covered by a third party manufacturer. Many extended life photocells carry a 5-10-year limited warranty from the third party manufacturer. Manufacturers of photocells/photo controls, occupancy sensors, low voltage indicators, fuses, surge suppressors, ballasts, lamps, emergency batteries and poles incorporated into the Product(s) are solely responsible for any costs or expenses related to any claims, repairs, or replacements associated with any such component(s). Assistance with warranty claims for any such component(s), and/or copies of each applicable manufacturer’s warranty, may be obtained from EverWatt distributor or customer service representative.
This Statement of Limited Warranty (“Warranty”) applies only when the Product(s) are installed in applications in which ambient temperatures are within the range of specified operating temperatures and are operated within the electrical values shown on the LED driver Label. EverWatt will not be responsible under this Warranty for any failure of the Product(s) that results from external causes such as: acts of nature; physical damage; exposure to adverse or hazardous chemical or other substances; use of reactive cleaning agents and/or harsh chemicals to clean the Product(s); environmental conditions; vandalism; fire; power failure, improper power supply, power surges or dips, and/or excessive switching; induced vibration; animal or insect activity; fault or negligence of purchaser, any end user of the Product(s) and/or any third party not engaged by EverWatt; improper or unauthorized use, installation, handling, storage, alteration, maintenance or service, including failure to abide by any product classifications or certifications, or failure to comply with any applicable standards, codes, recommendations, product specification sheets, or instructions of EverWatt; use of the Product(s) with products, processes or materials supplied by any end user or third party; or any other occurrences beyond EverWatt’s reasonable control. EverWatt also will not be responsible under this Warranty for any substantial deterioration in the Product finish that is caused by failure to clean, inspect or maintain the finish of the Product(s). If the Product(s) are used on existing foundations, anchorages or structures, the end user is solely responsible for the structural integrity of such existing foundations, anchorages or structures and all consequences arising from their use. Adequate records of operating history, maintenance, and/or testing must be kept by the end user and provided to EverWatt upon request to substantiate that the Product(s) have failed to comply with the terms of this Warranty. Neither polycarbonate nor acrylic material used in the Products is warranted against yellowing, as yellowing may naturally occur over time due to normal aging. The Product(s) are not warranted against costs that may be incurred in connection with changes or modifications to the Product(s) required to accommodate site conditions and/or faulty building construction or design. In addition, the Product(s) are not warranted against cost resulting from installation of a third party components, failures of third party supplied components, or failures of EverWatt supplied Product(s) caused by a third party supplied component. This Warranty only applies to the Product(s) when sold for commercial purposes and does not apply to any consumer product(s), all of which are governed by separate limited warranty terms. For the avoidance of doubt, EverWatt emergency fixtures are not covered by this Warranty.
If the Product(s) fail to comply with the terms of this Warranty, EverWatt, at its option, will repair or replace the Product(s) with the same or a functionally equivalent Product(s) or component part(s). This Warranty excludes labor and equipment required to remove and/or reinstall original or replacement parts. This Warranty extends only to the Product(s) as delivered to, and is for the sole and exclusive benefit of, the original end user of the Product(s) at the original location. This Warranty may not be transferred or assigned by the original end user. The repair or replacement of any Product(s) or component part within the Product(s) is the sole and exclusive remedy for failure of the Product(s) to comply with the terms of this Warranty and does not extend the Warranty period. Warranty claims regarding the Product(s) must be submitted in writing within (30) days of discovery of the defect or failure to an authorized EverWatt distributor or customer service representative. Product(s) or component part(s) may be required to be returned for inspection and verification of non-conformance by EverWatt, but no Product(s) or component part(s) will be accepted for inspection, verification or return unless accompanied by a “return authorization slip” which can be obtained only from an authorized EverWatt distributor or customer service representative. EverWatt is not responsible for any costs and expenses incurred in connection with shipment of Product(s) to EverWatt, but EverWatt shall bear all cost and expense incurred in connection with shipment of replacement Product(s) to the customer.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY GIVEN BY EVERWATT WITH RESPECT TO THE PRODUCTS AND THE SOLE REMEDY FOR ANY AND ALL CLAIMS, IN CONTRACT, IN TORT OR OTHERWISE ARISING FROM THE FAILURE OF PRODUCT AND IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. PURCHASER’S EXCLUSIVE REMEDY FOR ANY NONCONFORMITY OR DEFECT IN ANY PRODUCT SHALL BE ONLY AS EXPLICITLY SET FORTH HEREIN. UNDER NO CIRCUMSTANCES SHALL EVERWATT’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH A DEFECTIVE PRODUCT, IN CONTRACT, TORT OR OTHERWISE, EXCEED THE PURCHASE PRICE OF THE PRODUCT TO WHICH SUCH LIABILITY RELATES. IN NO EVENT SHALL EVERWATT BE LIABLE FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR COMPENSATORY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, BUSINESS OR GOODWILL EVEN IF EVERWATT WAS ADVISED OF OR WAS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
The total liability of EverWatt 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, EverWatt’s performance or breach of this Warranty, or from EverWatt’s sale, delivery, resale, repair, or replacement of any Product(s) or the furnishing of any services, shall in no event exceed the purchase price allocable to the Product(s) that give rise to the claim, and any and all such liability shall terminate upon the expiration of the warranty period specified above.
This limited warranty is effective for the purchases of the Product on or after the effective date set forth herein and is in consideration of and is expressly subject to and conditioned by the terms set forth herein. EverWatt reserves the right to modify or discontinue this Warranty without notice provided, and any modifications shall be effective for all orders placed on or after the effective date of such revised warranty.
- Fill out the claim form below.
- You must include your order number and contact info along with your returned lights or we cannot process replacements.
- Mail your lights to: EverWatt Lights, LLC. 5221 Central Avenue Unit #5, Richmond, CA 94804. (We beg you please don’t use packing peanuts if you can avoid it).
- We will examine the units for cause of failure and issue replacements for those that meet warranty guidelines. We may have questions and will contact you at the contact information provided.
- We will issue replacements on those units which meet our warranty guidelines within 10 business days of the required information gathered.