Unless Customer has acquired an Extended Warranty, G2V warrants that for a period of two (2) years from the date of delivery (“Warranty Period”), the Products shall materially comply with all Documentation and be free from material defects in workmanship, design and materials, reasonable wear and tear excepted. G2V shall, at its option, repair or replace all Products in accordance with its then current return materials authorization (RMA) process, for which it receives notice of noncompliance with the foregoing warranty during the Warranty Period, provided that Customer shall be responsible for all travel, accommodation and living expenses where onsite warranty repair is required. The foregoing warranty or any Extended Warranty does not apply to any of the following (collectively, “Warranty Exclusions”):
(a) reasonable wear and tear;
(b) degradation of LEDs or LED functionality;
(c) the improper, negligent, or inappropriate use, installation or operating environment, or use, installation or operation not permitted by the Documentation or contrary to the instructions or directions from G2V;
(d) a modification to the Product not authorized by G2V;
(e) any accident or damage to the Product due to an event of Force Majeure;
(f) the Products were moved without prior authorization by G2V, unless expressly permitted by applicable Documentation;
(g) damage to the Products resulting from an electric overload, or any issue related to the operating environment in which the Product is used.
All services provided by or on behalf of G2V, including by not limited to Customized Work or Enhanced Warranty Services if applicable (collectively, “Services”), will be provided in accordance with industry standards. Customer’s sole remedy and G2V’s sole liability for any breach of this warranty shall consist of the reperformance of the affected Services.
OTHER THAN THE WARRANTIES SET OUT ABOVE OR AS PROVIDED IN THE EXTENDED WARRANTY, THE PRODUCT, G2V SOFTWARE AND SERVICES ARE PROVIDED “AS-IS” AND G2V DISCLAIMS ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, GUARANTEES OR SIMILAR OBLIGATIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, BY CUSTOM OR TRADE USAGE, OR BY ANY COURSE OF DEALING, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT BE APPLICABLE TO CUSTOMER. IF THIS AGREEMENT OR THE SALE OF PRODUCTS IS SUBJECT TO LAWS WHICH PRECLUDE G2V FROM EXCLUDING IMPLIED WARRANTIES, REPRESENTATIONS OR CONDITIONS, THEY ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. CUSTOMER MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.