Subject to the terms and limitations described in this limited warranty (the “Limited Warranty”), OBIERSTUDIOS LLC warrants to the original purchaser (“Purchaser”) of any of it’s lighting fixtures specifically listed above (hereafter, the “Product(s)”) that the Product(s) will be free from defects in materials and workmanship for a period of one (1) year from the date of purchase (the “Warranty Period”).
If a Product has been properly handled, installed and properly maintained and fails to operate during the Warranty Period as a result of one or more defects in materials or workmanship that is covered by this warranty, OBIERSTUDIOS LLC will, at its sole option and without charge, replace the defective part or parts necessary to restore proper and full operation.
To establish a claim under this Limited Warranty, the Purchaser should first notify OBIERSTUDIOS LLC in writing within thirty (30) days of the initial failure of the Product. OBIERSTUDIOS LLC may require the return of the Product or Part claimed to be defective to it’s facility. In such case, OBIERSTUDIOS LLC will issue a return materials authorization (“RMA”) number. OBIERSTUDIOS LLC will not be responsible for any Products or Parts returned to its facilities without an RMA number. This warranty does not cover the costs incurred to: (a) remove or uninstall a defective Product or Part; (b) ship a defective Product or Part to OBIERSTUDIOS LLC facility; or (c) install a repaired or replacement Product or Part, which costs shall be the responsibility of the Purchaser.
REPLACEMENT PRODUCTS OR PARTS:
Replacement products or parts shall be covered under this Limited Warranty for the time period remaining in the original Warranty Period or for a period of ninety (90) days from delivery of the replacement part or product, whichever is longer. This warranty is extended to the original purchaser only.
LIMITATION OF LIABILITY:
THE LIMITED WARRANTY EXPRESSLY PROVIDED HEREIN IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY OBIERSTUDIOS LLC WITH RESPECT TO THE PRODUCTS. ANY AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTY OF MERCHANTABILITY, WARRANTY OF NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED TO THE EXTENT PERMITTED BY LAW AND SHALL BE LIMITED TO THE WARRANTY PERIOD SPECIFIED ABOVE. UNDER NO CIRCUMSTANCES SHALL OBIERSTUDIOS LLC ENTIRE LIABILITY FOR A DEFECTIVE PRODUCT EXCEED THE PURCHASE PRICE OF THAT PRODUCT. WARRANTY SERVICES PROVIDED UNDER THIS LIMITED WARRANTY DO NOT ASSURE UNINTERRUPTED OPERATIONS OF PRODUCTS; OBIERSTUDIOS LLC SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY ANY DELAYS INVOLVING WARRANTY SERVICE.
This Limited Warranty only covers defects encountered in normal use of the Products and does not cover the following: (i) Product failure caused by improper or incorrect use; improper handling or installation; improper maintenance; improper storage, improper/damaged third party shipments; fire; vandalism; civil disturbance; power surge; improper power supply; electrical current fluctuation; corrosive environment installation; misuse, accidents, abuse, neglect, mishandling, misapplication, or Acts of God (including, without limitation, lightning or flooding); abnormal use or stress; violation of any applicable building or electrical standard, code or instructions; (ii) Products that have not properly been maintained by the customer.
RESERVATION OF RIGHTS:
OBIERSTUDIOS LLC reserves the right to change the Warranty Period at any time and without prior notice and to make all final decisions, at its sole discretion, regarding the validity of any Warranty claims.
APPLICABLE LAW AND VENUE
This Limited Warranty and all matters connected with the performance thereof shall be construed, interpreted, applied and governed in all respects by the laws of the State of Louisiana, without regard to such laws governing conflicts-of-law or choice-of-law. Any action, suit or proceeding arising out of or relating to this Limited Warranty and/or to the purchase, use or possession of the Products covered by this Limited Warranty shall be brought and maintained exclusively in the state or federal courts located in the State of Louisiana, and the Purchaser expressly submits to the personal jurisdiction of such courts.