Warranty

Subject to the exclusions set forth below, Valriya warrants its commercial light emitting diode (LED) fixtures, including the LED arrays and the LED drivers and integral control devices (“Product(s)”) to be free from defect in material and workmanship (the “Warranty”) for a period of five (5) years from the date of shipment from Valriya’ s facilities. The LED arrays in the Product(s) will be considered defective in material or workmanship only if a total of 15% or more of the individual light emitting diodes in the Product(s) fail to illuminate.

This Statement of Limited Warranty (“Warranty”) applies only when the Product(s) are installed in applications in which ambient temperatures are within the range of specified operating temperatures and are operated within the electrical values shown on the LED driver Label. Valriya will not be responsible under this Warranty for any failure of the Product(s) that results from external causes such as: acts of nature; physical damage; exposure to adverse or hazardous chemical or other substances; use of reactive cleaning agents and/or harsh chemicals to clean the Product(s); environmental conditions; vandalism; fire; power failure, improper power supply, power surges or dips, and/or excessive switching; induced vibration; animal or insect activity; fault or negligence of purchaser, any end user of the Product(s) and/or any third party not engaged by Valriya; improper or unauthorized use, installation, handling, storage, alteration, maintenance or service, including failure to abide by any product classifications or certifications, or failure to comply with any applicable standards, codes, recommendations, product specification sheets, or instructions of Valriya; use of the Product(s) with products, processes or materials supplied by any end user or third party; or any other occurrences beyond Valyria’s reasonable control. Valriya also will not be responsible under this 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, anchorages or structures, the end user is solely responsible for the structural integrity of such existing foundations, anchorages or structures and all consequences arising from their use. Adequate records of operating history, maintenance, and/or testing must be kept by the end user and provided to Valriya upon request to substantiate that the Product(s) have failed to comply with the terms of this Warranty. Neither polycarbonate nor acrylic material used in the Products is warranted against yellowing, as yellowing may naturally occur over time due to normal aging. The Product(s) are not 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. In addition, the Product(s) are not warranted against cost resulting from installation of a third-party components, failures of third party supplied components, or failures of Valriya supplied Product(s) caused by a third party supplied component. This Warranty only applies to the Product(s) when sold for commercial purposes and does not apply to any consumer product(s), all of which are governed by separate limited warranty terms.

If the Product(s) fail to comply with the terms of this Warranty, Valriya, at its option, will repair or replace the Product(s) with the same or a functionally equivalent Product(s) or component part(s). This Warranty excludes labor and equipment required to remove and/or reinstall original or replacement parts. This 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 Warranty and does not extend the Warranty period. Warranty claims regarding the Product(s) must be submitted in writing within (30) days of discovery of the defect or failure to an authorized Valriya 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 Valriya, 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 Valriya post-sales or customer service representative. Valriya is not responsible for any costs and expenses incurred in connection with shipment of Product(s) to Valriya, but Valriya shall bear all costs and expenses incurred in connection with shipment of replacement Product(s) to the customer

The forgoing warranty terms are exclusive and in lieu of all other warranties, and Valriya 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 Valriya products has the authority to modify or amend this warranty without express written authorization from Valriya.

The total liability of Valriya 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, Valriya’ s performance or breach of this Warranty, or from Valyria’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.

In no event shall Valriya 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, lack or loss of productivity, interest charges or cost of capital, cost of substitute equipment, or any inconvenience arising out of any breach of the foregoing warranty or obligations under such warranty.

Valriya reserves the right to modify or discontinue this Warranty without notice provided that any such modification or discontinuance will only be effective with respect to any Product(s) purchased after such modification or discontinuance.

POLES: An annual inspection and maintenance program must be implemented. Any required repairs such as scratches, scrapes, bump, etc. must also be corrected on a regular basis to ensure a safe and lasting product. Valriya poles are guaranteed to meet the listed EPA requirements. Valriya is not responsible if the EPA rating of a pole order is lower than the indicated wind-loading zone where the pole will be located. Note: banners, flags, streamers, signs and other extraneous items attached to poles voids all pole warranties and may create severely hazardous conditions. Valriya will not accept any responsibility for any damage or harm arising out of these situations. EPA’s are for locations 100 miles away from hurricane ocean lines. Note: hurricane ocean lines are the Atlantic and gulf of Mexico coastal regions.

FINISHES: Valriya warrants purchaser that the powder coat finish will not deteriorate when properly utilized and exposed to normal atmospheric conditions. Valriya poles and brackets are warranted against defects in materials and workmanship, such as blistering, cracking, peeling or fading, which promote corrosion of substrate material for a period of 1 year from shipment date. In the event of failure during this warranted period, Valriya at its option will provide corrective action for the repair of proven defective material. Purchaser must notify Valriya in writing of any such failure or evidence of deterioration and provide proof of purchase within 30 days of becoming evident. Valriya null and voids all warranties arising out of circumstances beyond its control including damage occurring during shipping, handling, unpacking or installation: damage caused by moisture or other contaminants trapped between protective materials and finished surface, thus constituting improper storage, prior to placement in service: damage or failure caused by acts of god, falling objects, external forces, fire, explosions, vandalism, misuse or abuse in application, or any other such occurrences beyond Valriya’s control. Claims for cost of repair will not be honored by Valriya without written approval. The forgoing warranty is exclusive in lieu of all other warranties whether it be written or expressed, oral, or implied and shall constitute the exclusive and only remedy.