Apex Lighting, LLC warrants to the customer for resale only that Apex Lighting, LLC, is free from defects in materials and workmanship. The obligation of Apex Lighting, LLC, Inc. under this warranty is expressly limited to repair or replacement without charge, at the sole option of Apex Lighting, LLC of defective products at Apex Lighting LLC, Inc. factory within a period of five years from the date of shipment of products and only after Apex Lighting LLC. has issued a Return Materials Authorization to customer for the products.
This warranty does not apply to Apex Lighting, LLC products which have been altered or repaired outside of Apex Lighting, LLC factory or which have been subjected to neglect, abuse, misuse or accident (including shipping damages). THIS WARRANTY ALSO DOES NOT APPLY TO PRODUCTS NOT MANUFACTURED BY Apex Lighting, LLC WHICH HAVE BEEN INSTALLED AND USED IN CONJUNCTION WITH Apex Lighting, LLC PRODUCTS.
Apex Lighting, LLC warranty does not apply to any items nor does it apply to any other component part or accessory manufactured by another manufacturer. Any warranty regarding such components is made by the manufacturer of the components, and customer shall direct all claims to the component manufacturer.
LIMITATIONS OF LIABILITY: IN NO EVENT SHALL Apex Lighting, LLC BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, STRICT LIABILITY, OR IN TORT INCLUDING NEGLIGENCE) NOR FOR LOST PROFITS; NOR SHALL THE LIABILITY OF Apex Lighting, LLC FOR ANY CLAIMS OR DAMAGE ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT OR THE MANUFACTURE, SALE, DELIVERY, USE, MAINTENANCE, REPAIR OR MODIFICATION OF THE PRODUCTS, OR SUPPLY OF ANY REPLACEMENT PARTS THEREFOR, EXCEED THE PURCHASE PRICE OF THE PRODUCTS.
THIS LIMITATION OF LIABILITY SHALL APPLY TO ANY LIABILITY FOR DEFAULT UNDER OR IN CONNECTION WITH THE PRODUCTS, PARTS, OR SERVICES DELIVERED HERE UNDER WHETHER BASED ON WARRANTY, FAILURE OF OR DELAY IN DELIVERY, OR OTHERWISE. NO LABOR CHARGES WILL BE ACCEPTED WITHOUT PRIOR WRITTEN APPROVAL OF Apex Lighting, LLC. THIS CLAUSE SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.