Warranty

WARRANTY AND TERMS & CONDITIONS
SALE AND DELIVERY (AND/OR ACKNOWLEDGEMENT) OF AN ORDER BY SELLING COMPANY OF
ANY PRODUCTS IS SUBJECT TO THE TERMS AND CONDITIONS OF THE SELLING COMPANY'S
QUOTATION FORM AND/OR ACKNOWLEDGEMENT (IF ANY) WITH RESPECT TO SUCH ITEMS, AND
TO THE TERMS BELOW. THESE AND THE REVERSE SIDE TERMS AND THOSE ON ANY
ATTACHMENTS ARE IN LIEU OF ANY TERMS ON BUYER'S PURCHASE ORDER, CONFIRMATION OR
OTHER DOCUMENT, WHICH DIFFERENT TERMS ARE HEREBY REJECTED. ACCEPTANCE OF EACH
ORDER IS EXPRESSLY CONDITIONED ON BUYER'S ACCEPTANCE OF THESE TERMS AND NO
OTHERS.
1. PRICES -Tentative prices shown are F.O.B. factory in Chicago, Illinois. Such prices are subject to
increase prior to time of delivery.
2. TERMS- Payment terms are net cash thirty (30) days after the date of invoice unless otherwise noted
on the face of the invoice. Internet orders are prepaid by credit card. 1-1/2% interest per month (or
such lesser rate as is allowed by law) will be added to amounts unpaid for over (30) days. Company's
obligation to produce or deliver items is conditioned upon maintenance by the Buyer of credit standing
at least as high as when order was accepted, and upon prompt payment when due of any sum owing
by Buyer to Company under any agreement between them.
3. MINIMUM BILLING CHARGE - As in effect at the time of acknowledgement of order.
4. CORRECTIONS - All stenographic and clerical errors by Company are subject to correction.
5. SHIPPING WEIGHTS AND DIMENSIONS - Published weights are careful estimates but are not
guaranteed. Dimensions shown are as close to actual as practical, but are still only approximate for
construction purposes; certified dimension drawings can be obtained by Buyer upon request.
6. SPECIFICATIONS, DESIGNS AND TECHNICAL DATA - All construction specifications, designs and
technical data submitted by Company are subject to change without notice.
7. TAXES - In addition to the purchase price, Buyer shall pay to Company the amount of all
governmental taxes, excises and other charges imposed under any existing or future law upon or with
respect to the sale, purchase, delivery, storage, processing use, consumption or transportation of any
products purchased from Company. Buyer may, however, issue in lieu of payment of any such tax, tax
exemption certificates in form acceptable to the appropriate taxing authorities.
8. DELIVERY - Shipping dates shown are only approximate. Where Buyer delays in supplying
specifications or approvals which are necessary in order for Company to proceed with the filling of Buyer's
order, the date of shipment shall be determined by the conditions at Company's factory at the time when
such specifications or approvals are supplied and such date may be extended by Company accordingly.
Company shall not be liable in any way for any delay in shipment or performance due to acts of God,
war, riot, terrorism, insurrection, labor difficulties, accident, embargoes, acts of civil or military authorities,
fires, floods, quarantine restrictions, mill conditions, delays in transportation, shortages of cars, fuel, labor or
any other causes beyond its control. Company reserves the right to apportion its products among its
customers as it may determine.
9. DAMAGE CLAIMS - Title shall pass to Buyer and risk of loss shall be upon Buyer from and after
delivery by Company to a carrier. All claims for damage, whether concealed or obvious, including but not
limited to breakage, must be made by Buyer to the carrier as soon as possible after receipt by Buyer of such
damaged shipment. Company will be glad to assist Buyer upon Buyer's request, in securing appropriate
adjustment or damage claims, upon the express understanding, however, that Buyer, by such request and
Company compliance therewith, agrees to save Company harmless from all liability of every kind in
connection with or in any way related to, any such assistance, or any adjustment, or any of the matters
involved therein, or otherwise.
10. ACCEPTANCE - Any product delivered by Company shall be deemed to be fully accepted by Buyer
unless Company receives written notice of rejection of any such product within 5 days after the date of
delivery to Buyer.
11. WARRANTIES ON VARIOUS PRODUCTS - (a) BALLASTS - Company warrants to the original
purchaser that lamp ballasts purchased from it will be free from defects in material and workmanship from
the date of manufacture for the following time periods (“Warranty Period”):
Magnetic and Hybrid Ballast 2 years
Special or Custom Ballasts* 2 years
NPF Electronic Ballasts 2 years
HPF Electronic Ballast 5 years
Radionic’s obligation hereunder is limited to repair or replacement, at Radionic’s option at Radionic’s
factory of any ballasts proving defective during the Warranty Period. All returns for repair or replacement
must be approved by Radionic in advance. All transportation charges are the buyer’s responsibility.
Radionic is not responsible for any labor cost related to defective ballasts. However, at Radionic’s sole
option, Radionic may, by writing in advance, agree to reimburse the original purchaser for labor costs for
ballast replacement at up to $10 per ballast (not for LED driver).
This warranty is only extended to the original purchaser. This warranty does not apply if the ballast is
subjected, negligently or intentionally, to improper storage temperatures, installation, use or maintenance.
This warranty does not cover any ballast that is operated in an ambient temperature exceeding 50
o
C and
does not cover any ballast where the hottest spot on the ballast case (sometimes marked TC point) exceeds
75
o
C in purchaser’s fixture; nor does the warranty apply to any ballast temperature below below 0
o
F. In any
case, ballasts are only warrantied to operate at the temperature listed on the label and/or on Radionic spec
sheets.
*Special or Custom Ballasts include but are not limited to all with or without HP or NP suffix or any ballast
specified in a letter or quote sent to purchaser as special or not listed in our catalog or ballasts made to
customer specifications.
(b) STARTERS - Company warrants starters purchased from it by Buyer against defective
material and workmanship for two (2) years from invoice date to Buyer.
(c) LAMPS -Company warrants that light bulbs or lamps purchased from it by Buyer will be
free from defects in material and workmanship upon shipment for a period of two (2) years after invoice date
to Buyer, provided that no claim by Buyer will be valid unless any such defect is reported within ten (10) days
of Buyer's receipt of the defective product, and further provided that Buyer has the sole responsibility to
prove that the defect was not caused by actions of the shipper, Buyer or anyone else other than Company.
(d) POWER SUPPLIES, CHARGERS & ADAPTERS - Company warrants power supplies,
chargers or adapters purchased from it by Buyer against defective material and workmanship for a period of
one year from the date of Company invoice.
(e)LED FIXTURES, DRIVERS or PRODUCTS CONTAINING LEDS FOR USE IN EXIT
SIGNS- Company warrants that complete (or portions of) fixtures (including those sold with a built in driver
and those sold with a Radionic Driver to be wired to the LED board) shall be free from manufacturing
defects in material and workmanship for the lesser of the following time periods: (i) If the entire LED board
fails to light, five (5) years; or (ii) for the driver, aluminum extrusion or mounting hardware only, ten (10)
years; or (iii) for a light emitting diode (“LED”) Board failure (as defined below), five (5) years. For this
purpose, failure of an LED Board means: (A) 15% or more of the LED’s on the Board are not emitting light,
and (B) (1) light output is less than 70% of the original brightness if during the first 35,000 hours of service or
(2)15% or more of LED’s are not emitting light and light output is less than 50% of original brightness if over
35,000 hours of service up to 50,000 hours of service.. Hours of service will be based on total time of
possible use of the exit sign starting with the date shipped from Company’s factory in Chicago, IL, as
determined by the Company, and each such warranty time period also will commence on such shipment
date. (f) LED UNDERCABINET FIXTURES purchased on Home Depot website– Company
warrants that LED fixtures shall be free from manufacturing defects in material and workmanship for the
lesser of: (a) 5 years or (b) 35,000 hours of service for the LED but only if over 15% of the LED’s are not
emitting light, each calculated from the date shipped from Radionic’s factory in Chicago, IL. Hours of service
will be based on the Company’s determination of likely average hours of use based on the nature of the
fixture and normal use thereof.
(g) LED UNDERCABINET FIXTURES, ALL LED FIXTURES NOT USED IN EXIT SIGNS –
(nor purchased on the Home Depot.com website) -Company warrants that complete fixtures (including those
sold with a built in driver and those sold with a Radionic remote Driver) shall be free from manufacturing
defects in material and workmanship for the lesser of: (a) 2 years for the driver or (b) 2 years for the LED
board but only if over 15% of the LED’s are not emitting light, each calculated from the date shipped from
Radionic’s factory in Chicago, IL.
(h) THE COMPANY’S OBLIGATION UNDER 11(e), 11(f), or 11(g) is limited to repair or
replacement, at Radionic’s option, at Radionic’s factory, of any LED fixtures mentioned in 11(e) or 11(f) or
ll(g) proving defective during the Warranty Period. All returns for repair or replacement must be approved by
Radionic in advance. All transportation charges are the buyer’s responsibility.
This warranty shall only apply if (a) installation is in compliance with the National Electrical
Code and any applicable local electrical codes and (b) are installed following the instructions supplied with
the fixture and (c) are installed in an area where the ambient temperature does not exceed 40 ° C measured
1” from any point around the Radionic fixture and (d) the fixtures and its components are not modified in any
way and (e) when used for its intended purpose as indicated in the instruction sheet packaged with the
fixture. This warranty is limited to the original purchaser and that the product is returned to Radionic (freight
prepaid) and is determined by the Radionic Engineering Dept., in its sole discretion, to be defective in
manufacturing material or workmanship and is limited to Radionic supplying repair or replacement
components. This warranty does not cover repair labor or installation cost and does not cover any labor or
repair done by unauthorized contractors or employees. This warranty is null and void if all of the preceding
requirements are not complied with.
(i) OTHER PRODUCTS - Company warrants any other products purchased from it by Buyer
against defective material and workmanship for a period of one year from the date of Company invoice,
provided that the warranty for any such other product incorporating a bulb or lamp shall only be the warranty
for LAMPS under 11(c) above for the whole product.
(j) OTHER WARRANTIES - Any other provision herein notwithstanding, Company does not
warrant any products distributed by Company which are manufactured by others; this includes products of
these types mentioned above.
The Company’s obligation under each warranty hereunder is limited to repair or replacement
of Company's factory of such ballasts, starters, lamps, bulbs, LED products or other products as shall prove
defective during the applicable period aforesaid, because of defective material or workmanship. All returns
must be approved by Company in advance and all transportation charges are the responsibility of the Buyer.
COMPANY MAKES NO OTHER GUARANTEES OR WARRANTIES, EXPRESS, STATUTORY OR
IMPLIED, OF ANY KIND WHATSOEVER WITH RESPECT TO ANY PRODUCTS PURCHASED AND ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS
HEREBY DISCLAIMED BY COMPANY AND EXCLUDED FROM ANY AGREEMENT MADE BY
COMPANY AND ACKNOWLEDGMENT OF BUYER'S PURCHASE ORDER. COMPANY'S WRITTEN
AUTHORIZATION MUST BE OBTAINED FROM COMPANY BEFORE RETURNING FOR REPAIR OR
REPLACEMENT. ANY PRODUCTS PURCHASED. COMPANY'S PRODUCTS ARE NOT FOR
CONSUMER USE. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES ON ANY OF ITS
PRODUCTS WHICH MAY BE INCLUDED IN ANY PRODUCTS NORMALLY USED FOR PERSONAL OR
FAMILY PURPOSES. Company will assume no responsibility or accept invoices for unauthorized repairs or
replacement of products purchased even though such products may be defective. In no case will any
responsibility which Company may have extend to any products or parts not manufactured by Company.
Any warranty hereunder is not applicable to any product manufactured, sold or distributed by Company
which is not installed and operated (both in Buyer's product and by all subsequent users) in accordance with:
The National Electrical Code (NEC)
The Standards for Safety of Underwriters Laboratories, Inc. (UL)
The Standards of the American National Standards Institute (ANSI) and
The specific instructions and standards provided by Company for the
installation and/or operation of the product
12. RESPONSIBILITY - COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES WITH RESPECT TO ITS PRODUCTS, INCLUDING ANY DAMAGES
WHICH MAY ENTAIL LOSS OF PROFITS OR REVENUES, LOSS OF USE OF OTHER PROPERTY OR
PECUNIARY DAMAGES OF ANY KIND, EVEN IF ARISING OUT OF PHYSICAL DAMAGE TO OTHER
PROPERTY, WHETHER DUE TO NEGLIGENCE OR OTHER TORT, BREACH OF CONTRACT OR
WARRANTY OR OTHERWISE. IN NO EVENT SHALL COMPANY'S LIABILITY ARISING OUT OF AN
ORDER FOR ITS PRODUCTS EXCEED THE PURCHASE PRICE OF THE PRODUCTS ORDERED. Buyer
will be responsible for damage due or caused by any products purchased which shall be occasioned whether
intentionally or otherwise by improper installation or application or use, or by attempts to operate such
products beyond the capacity thereof. ANY CLAIM AGAINST THE COMPANY ARISING OUT OF AN
ORDER FOR ANY PRODUCTS MUST BE FILED WITHIN 12 MONTHS AFTER THE CAUSE OF ACTION
ACCRUED OR AROSE AND IN NO EVENT LATER THAN 24 MONTHS AFTER DELIVERY OF THE
PRODUCTS WITH RESPECT TO WHICH CLAIM IS MADE.
If company furnishes Buyer with advice or other assistance which concerns any product supplied
hereunder or system or equipment in which such product may be installed, the furnishing of such advice will
not subject Company to any liability whether in contract, warranty, tort (including negligence) or otherwise.
13. PERMISSIBLE VARIATIONS, STANDARDS AND TOLERANCES- Except to the extent otherwise
expressly agreed to in writing, any products ordered shall be produced in accordance with Company's
standard practices. Additionally, all products shall be produced subject to; (i) tolerance and variations
consistent with usage of the trade regular mill practices and/or Company general practices in respect to
dimension, weight, straightness, section, surface conditions, composition, mechanical properties, internal
conditions, and quality, (ii) to deviations from such tolerances and variations consistent with practical testing
and inspection methods and (iii) to regular practice on over and under shipments. All representations and
certifications on the part of Company with reference to such products shall be limited by the foregoing.
14. NON-WAIVER BY COMPANY - Waiver by Company of a breach of any of the terms and conditions of
any agreement shall not be construed as a waiver of any other breach.
15. CANCELLATION - Any orders may be cancelled by the Buyer only upon written approval of Company
in its sole discretion, and upon payment of cancellation charges specified in said approval which shall take
into account expenses previously incurred, commitments made by Company in reliance upon such order
whether or not such commitments and legally binding on Company, and any other factors considered
relevant by Company.
16. TERMS HEREOF CONTROLLING - The terms and provisions hereof constitute the complete and
exclusive statement of the order and the Parties' agreement concerning the Products. All prior and
contemporaneous representations and statements made concerning the Products and the terms of the Order
are superseded hereby. No future statement or representation by any salesman or other person shall be
binding upon the Company concerning the Products or this Order unless in writing signed by the Company
and incorporated by express reference into this Order. Buyer's order and any acceptance thereof by
Company shall be governed by the laws (excluding those governing conflicts of laws) of the State of Illinois.
If any of the terms or conditions stated herein shall be invalid under any such applicable law or laws, such
invalid terms and conditions shall be without force and any sale or agreement of sale made upon the terms
and conditions set forth herein shall be construed as if not subject to such invalid terms or conditions. With
respect to any dispute in connection with the Company's sale of any product, Buyer shall be subject to the
jurisdiction of any federal or state court located in Cook County, Illinois.
17. QUOTATIONS - Any purchase order pursuant to any quotation shall not result in a contract until
accepted and acknowledged by Company at Company's office in Chicago, Illinois. Company will not accept
and acknowledge a purchase order based on any quotation and all of the terms and conditions included in
such quotation, unless such purchase order is received by Company at Company's office in Chicago, Illinois
within thirty (30) days after the date of such quotation. Time shall be of the essence.
18. All references to Company (or Selling Company) herein shall mean Radionic Industries, Inc. or
Radionic Hi-Tech, Inc., or Factory Direct Lighting LLC (whichever is printed on front of this document
if any) or on an acknowledgment or on invoice shipped with product or is the actual selling company.
Invoices & Ack. – March 2012