| Warranty |
Seller warrants the Products it provides will be free from defects in material and workmanship for 1 (one) year following the date of shipment from Seller. If any of the warranted Products are found by Seller to be defective, such Products will, at Seller's sole option and cost, be replaced, repaired or refunded less an amount directly attributable to consumer's prior use of the Product. The parties hereto expressly agree that Buyer's sole and exclusive remedy against the Seller shall be for the repair, replacement, or refund of defective Products as provided herein. This warranty is not transferable whether to heirs, subsequent owners, or otherwise. This warranty does not cover labor or other costs or expenses to remove or install any defective, repaired or replaced Product. Goods which may be sold by Seller but which are not manufactured by Seller are not warranted by Seller, but are sold only with the warranties, if any, of the manufacturers thereof. Seller's warranty does not apply to any Products that have been subjected to misuse, mishandling, misapplication, connected voltage at more than 5 Percent above standard North American Voltage, neglect (including but not limited to improper maintenance), accident, improper installation, improper packaging of products returned to Kichler, modification (including but not limited to use of unauthorized parts or attachments), or adjustment or repair. At Kichler's request, Buyer will send F.O.B. destination any allegedly defective parts or Products to the plant designated by Kichler with PROOF OF PURCHASE, Buyer's name, return address, and a description of the claimed product defect. No affirmation of Seller, by words or action, other than as set forth herein shall constitute a warranty. |
