THE FOLLOWING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT BY WAY OF LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
CORE Lighting warrants to the customer for resale only that CORE Lighting’s products are free from defects in material and workmanship. The obligation of CORE Lighting under this warranty is expressly limited to repair or replacement without charge, at the sole option of CORE Lighting, of defective products at CORE Lighting’s factory within a period of THREE TO FIVE years from the date of shipment of products and only after CORE Lighting has issued a Return Goods Authorization to customer for the products. This warranty does not apply to CORE Lighting products which have been altered or repaired outside of CORE Lighting factory or which have been subjected to neglect, abuse, misuse or accident (including shipping damages). THIS WARRANTY ALSO DOES NOT APPLY TO PRODUCTS NOT MANUFACTURED BY CORE Lighting WHICH HAVE BEEN INSTALLED AND USED IN CONJUNCTION WITH CORE Lighting PRODUCTS.
CORE Lighting’s warranty does not apply to any component parts or accessories manufactured by another manufacturer. Any warranty regarding such components is made by the manufacturer of the components and CORE Lighting’s warranty is subject to component manufacturer’s warranty.
LIMITATION OF LIABILITY: IN NO EVENT SHALL CORE LIGHTING BE LIABLE FOR SPECIAL INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, OR IN TORT INCLUDING NEGLIGENCE) NOR FOR LOST PROFITS; NOR SHALL THE LIABILITY OF CORE LIGHTING FOR ANY CLAIMS OR DAMAGE ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT OR THE MANUFACTURE, SALE, DELIVERY, USE MAINTENANCE, REPAIR OR MODIFICATION OF THE PRODUCTS, OR SUPPLY OR NAY REPLACEMENT PARTS THEREFORE, EXCEEED THE PURCHASE PRICE OF THE PRODUCTS. THIS LIMITATION OF LIABILITY SHALL APPLY TO ANY LIABILITY OR DEFAULT UNDER OR IN CONNECTION WITH THE PRODUCTS, PARTS, OR SERVICES DELIVERED HERE-UNDER WHETHER BASED ON WARRANTY, FAILURE OF OR DELAY IN DELIVERY, OR OTHERWISE. NO LABOR CHARGES WILL BE ACCEPTED WITHOUT PRIOR WRITTEN APPROVAL. THIS CLAUSE SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.