Warranty Guide

STATEMENT OF LIMITED WARRANTY
FOR ACUITY BRANDS LIGHTING, INC.
CONTROLS PRODUCTS
10/01/2019
access, use, installation, handling, storage, alteration, removal of components, testing, troubleshooting, maintenance or service; removal or
interference with the tamper proof label indicating unauthorized opening of the unit; any housing, arm or gasket pierced for any reason; failure to
abide by any product classifications or certifications; failure to comply with any applicable standards, codes, recommendations, product
specification sheets, or instructions of Acuity; failure of the end-user to provide full and complete requested data; use of the Product(s) with
products, processes or materials supplied by any end-user or third party; or any other occurrences beyond Acuity’s reasonable control. Acuity
also will not be responsible under this Limited Warranty for any substantial deterioration in the Product finish that is caused by failure to clean,
inspect or maintain the finish of the Product(s). If the Product(s) are used on existing foundations, roofs, buildings, anchorages or structures, the
end-user is solely responsible for the structural integrity of such existing foundations, roofs, buildings, anchorages or structures and all
consequences arising from their use. Adequate records of operating history, maintenance, and/or testing (as applicable) must be kept by the end-
user and provided to Acuity upon request to substantiate that the Product(s) have failed to comply with the terms of this Limited Warranty. Neither
polycarbonate nor acrylic material used in the Products is warranted against yellowing or cracking, as yellowing and/or cracking may naturally
occur over time due to normal aging. The Product(s) are not warranted against: cosmetic problems or defects that result in normal wear and tear
under ordinary use and that do not affect the performance or use of the Product(s); nor are the Products warranted against costs that may be
incurred in connection with changes or modifications to the Product(s) required to accommodate site conditions and/or faulty building construction
or design; or failures of Acuity Product(s) resulting from installation or use of aftermarket third party supplied products, components, materials,
software, services, telecommunications equipment, networks or the Internet. Acuity does not warrant that the Product(s) meet the applicable
project requirements for performance, safety, security, suitability or effectiveness for use in a particular application. In no event will Acuity be
responsible for any loss resulting from any application in which the Product(s) are used. Modifications/upgrades to Product Firmware that may be
required to address changes in laws or regulations are outside the scope of this Limited Warranty. Product Firmware modifications/upgrades that
result in changes to functionality to the Product are also outside the scope of this Limited Warranty.
The determination of whether any Product(s) fail to comply with the terms of this Limited Warranty shall be made by Acuity in its sole discretion,
with consideration given to the overall performance of the Product(s) as compared to the expected performance per the applicable spec sheet. If
the Product(s) are within the warranty period, Acuity has received payment in full for the Product(s), and Acuity determines to its satisfaction that
the Product(s) fail to comply with the terms of this Limited Warranty, Acuity, at its option, will (a) with respect to defects in material and workmanship
service, repair or replace the Product(s) with the same or a functionally equivalent Product(s) or component part(s), which may differ in appearance
from the original or (b) with respect to non-conformances of the Product firmware, will make available for installation a patch to be installed by the
end-user within a commercially reasonable time frame to remedy the non-conformance. If the patch is not installed within a commercially
reasonable time frame, the Limited Warranty will no longer apply with respect to such non-conformances. Acuity reserves the right to utilize new,
reconditioned, refurbished, repaired, or remanufactured Product(s) or parts in the warranty repair or replacement process. For purposes of clarity,
this Limited Warranty does not include any removal, commissioning, programming, or reinstallation costs or expenses, including without limitation
any labor costs, equipment or other expenses required to remove and/or reinstall original or replacement Product(s) and/or parts. This Limited
Warranty extends only to the Product(s) as delivered to, and is for the sole and exclusive benefit of, the original end-user of the Product(s) at the
original location. This Warranty may not be transferred or assigned by the original end-user.
The repair or replacement of any Product(s) or component part within the Product(s) is the sole and exclusive remedy for failure of the Product(s)
to comply with the terms of this Limited Warranty and does not extend the warranty period. Warranty claims regarding the Product(s) must be
submitted in writing within thirty (30) days of discovery of the defect or failure to an authorized Acuity post-sales or customer service representative.
Product(s) or component part(s) may be required to be returned for inspection and verification of non-conformance by Acuity, but no Product(s) or
component part(s) will be accepted for inspection, verification or return unless accompanied by a “return authorization number” which can be
obtained only from an authorized Acuity post-sales or customer service representative. Acuity is not responsible for any costs, expenses, or
damages that may occur in connection with shipment of Product(s) to Acuity, but Acuity shall bear all cost and expense incurred in connection with
shipment of replacement Product(s) to the end-user so long as Acuity has sole control over all aspects of shipment, including but not limited to
Acuity shipping directly to the end-user. In no event will Acuity accept any other charges related to shipment by any other party. Replacement
Product(s) and/or parts provided under the terms of this Limited Warranty are warranted for the remainder of the warranty period as if such
Product(s) and/or parts were the original components.
THE FOREGOING WARRANTY TERMS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, AND ACUITY EXPRESSLY DISCLAIMS
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING DIRECTLY OR INDIRECTLY TO THE PRODUCT(S), WHETHER ORAL, WRITTEN,
OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING ,WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. NO AGENT, DISTRIBUTOR OR OTHER SUPPLIER OF ACUITY PRODUCTS HAS THE AUTHORITY
TO MODIFY OR AMEND THIS WARRANTY WITHOUT EXPRESS WRITTEN AUTHORIZATION FROM ACUITY.
The total liability of Acuity on any and all claims of any kind, whether in contract, warranty, tort (including negligence), strict liability or otherwise,
arising out of or in connection with, or resulting from, Acuity’s performance or breach of this Limited Warranty, or from Acuity’s sale, delivery,
resale, repair, or replacement of any Product(s) or the furnishing of any services, shall in no event exceed the purchase price allocable to the
Product(s) that give rise to the claim, and any and all such liability shall terminate upon the expiration of the warranty period specified above. Acuity
shall not be liable for damages caused by any delays involving warranty services.
IN NO EVENT SHALL ACUITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER AS THE RESULT OF BREACH OF CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, INCLUDING WITHOUT LIMITATION LABOR OR
EQUIPMENT REQUIRED TO REMOVE AND/OR REINSTALL ORIGINAL OR REPLACEMENT PARTS, LOSS OF TIME, PROFITS OR REVENUES,