1.1 This warranty policy (“Warranty Policy”) is applicable after March 1st, 2019 to Valoya branded hardware or software products (hereinafter “Product”) sold by Valoya or provided via a reseller authorized by Valoya as listed on Valoya’s reseller contact page at www.valoya.com/contact (“Reseller”).
1.2 This Warranty Policy is subject to the provisions as set forth herein and is subject to the terms and conditions as described in this document (hereinafter: “Terms and Conditions”).
1.3 This Warranty Policy only applies, unless otherwise agreed in writing, between Valoya and the “Purchaser” (Purchaser shall mean the legal entity or person who purchased the Products directly from Valoya or Reseller).
1.4 If the Product was purchased through a Reseller, the same terms shall apply, but any claim shall be made via the Reseller who sold the Product to the legal entity making the claim.
1.5 Only Purchasers who have purchased Products from Valoya or a Reseller can derive any rights from this Warranty Policy.
2.1 Subject to these Terms and Conditions, Valoya warrants to Purchaser that each Product will be free from defects in material and workmanship which cause the Product to fail to operate in accordance with the specifications provided by Valoya for the Product in question (“Defect”), for the duration of the relevant Warranty Periods, as defined below in Section 3 (“Warranty”).
2.2 Warranty covers the supplied Product only and does not extend to any removal or reinstallation activities, costs or expenses, including without limitation labor costs or expenses, or other indirect costs including, but not limited to, unagreed shipping costs.
2.3 If a Product fails to operate in accordance with this Warranty Valoya will rectify the issue subject to the Warranty conditions and Terms and Conditions set forth below.
2.4 The Warranty and remedies contained in this document are the only warranties given by Valoya with respect to the Products and are given in lieu of all other warranties, whether express or implied, including without limitation warranties of merchantability or fitness for a particular purpose, which warranties are hereby disclaimed.
“Warranty Period” shall be defined as follows:
3.1 Hardware Warranty Period
3.1.1 Purchaser receives a Warranty for a five (5) year period for the following standard Product lines:
3.1.2 All other Product ranges and custom solutions receive a three (3) year Warranty.
3.1.3 The Warranty Period begins at the date of delivery of the Product to Purchaser, but in all cases latest 1 (one) month from the date of dispatch from Valoya.
3.2 Software Warranty Period:
3.2.1 Software is provided “as is” without a warranty of any kind.
4.1 Valoya reserves the right to make the final decision on the validity of any claim.
4.2 It is the Purchaser’s responsibility to check and inspect each Product delivery immediately upon receipt. If any packaging damage is identified, notify the carrier immediately and ask them to note that “the delivery was not delivered in good condition”. If the packaging shows no damage but the goods inside are either missing, defective, or show other signs of damage, please contact Valoya immediately. In order to derive any rights from the Warranty the Purchaser must inform Valoya or Reseller of the Defect within the applicable Warranty Period.
4.3.1 Products must be electrically and mechanically installed and operated in accordance with published product specifications, user manual, installation guide and/or other instructions included in the Sales Agreement, in the delivery package, or freely accessible on Valoya’s website.
4.3.2 Products must be used within their rated electrical values, operating range and environmental conditions, and according to other standards, laws or regulations applicable in the country of Product use.
4.3.3 Luminaire LED arrays will be considered to have a possible Defect should >5% of individual LED’s fail to illuminate during the Warranty Period.
4.3.4 Light output degradation due to insufficient maintenance or cleaning of luminaires does not constitute a Defect.
4.4.1 Software is provided “as is” and Valoya expressly disclaim all warranties, conditions or other terms, whether express, implied or statutory, including without limitation, warranties, conditions or other terms regarding merchantability, fitness for a particular purpose, design, condition, capacity, performance, title, and non- infringement.
4.4.2 Valoya does not warrant that the Software will operate uninterrupted or error-free or that all errors will be corrected.
4.4.3 Valoya does not warrant that the Software or any equipment, system or network on which the Software is used will be free of vulnerability to intrusion or attack.
4.5 It is the responsibility of the Purchaser to ensure IT security measures and access controls relevant for their installation are implemented and enforced on any network on which the Valoya Products are utilised.
4.6 Product Warranty does not cover supplying a replacement Product before Valoya determines to its satisfaction that a valid Warranty claim exists (i.e. claimed products must usually first be inspected by Valoya before rectification actions can be decided).
4.7 The labelling of the product must not be defaced to obstruct data relevant to Warranty identification (e.g. serial numbers).
4.8 If, upon Product examination, Valoya determines to its satisfaction that a Product failed to satisfy this Warranty, Valoya reserves the right to, at its discretion, repair the Product or the defective part thereof, replace the Product with a refurbished Product, or replace the Product with a new one.
4.9 If Valoya chooses to replace the Product and is not able to do so because it has been discontinued or is not available, Valoya may choose to refund the Purchaser or replace the Product with the closest comparable newer Product that may have slight deviations in design, specification and performance compared to the original.
4.10 No reseller, agent, distributor or dealer is authorized to change, modify or extend this Warranty Policy or its Terms and Conditions on behalf of Valoya, unless separately agreed in writing by Valoya.
4.11 If a Product is suspected to be Defective, or not performing per the Product specifications, the Purchaser must notify Valoya in writing and follow Valoya’s claim process described on www.valoya.com/support.
5.1 This is a limited warranty and excludes, among other items, installation, providing access to Products (scaffolding, lifts, etc.), and special, incidental and consequential damages (such as loss of revenue/profits, damage to property or other miscellaneous costs not previously mentioned), and is further defined by the limitations and conditions set forth in the Warranty Policy and these Terms and Conditions.
5.2 All Warranty obligations mentioned in this Warranty Policy are subjected to a Valoya representative having access to the failed Product or system for verification of non-compliance.
5.3 Upon request, Valoya’ representatives shall be allowed on site access to the defective Product, system or application for investigation and/or verification of non-compliance.
5.4 Valoya shall have no obligations under this Warranty Policy if the Defect or alleged Defect is found to be caused by:
5.41 Improper wiring, installation or maintenance of Products.
5.42 Use of Products for purposes they were not designed for.
5.43 Use of Products in corrosive environments, excessive wear and tear, neglect, carelessness, accident, abuse, misuse, improper or abnormal use in violation of any applicable standard, regulation, code or instructions for use including without limitation those contained in the latest safety, industry and/or electrical standards for the relevant region(s).
5.44 Any repair, alteration or modification not authorized by Valoya.
5.45 Electrical supply conditions, including supply transient spikes, over-voltage/under-voltage and Ripple Current control systems that are beyond the specified limits of the Products and those defined by relevant supply standards (e.g. EN 50160 norms).
5.5 With respect to products sold to the Purchaser by Valoya but not bearing the Valoya name or sub-brands, Valoya makes no warranty of any kind, express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose, but will make available to the Purchaser upon request, but only to the extent permitted by law and relevant contracts, the warranties of the manufacturer of the relevant product.
5.6 THESE TERMS AND CONDITIONS CONSTITUTE THE ENTIRE AGREEMENT REGARDING WARRANTY FOR ANY DEFECTS AND, TO THE FULLEST EXTENT PERMITTED BY LAW, STATE VALOYA’S ENTIRE LIABILITY AND OBLIGATION TO THE PURCHASER AND PURCHASER’S SOLE AND EXCLUSIVE REMEDY IN CONNECTION WITH DEFECTIVE OR NONCONFORMING PRODUCTS SUPPLIED BY VALOYA, WHETHER OR NOT SUCH DAMAGES ARE BASED ON ANY WARRANTY NOT EXPLICITLY MENTIONED IN THESE TERMS AND CONDITIONS, TORT, CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF VALOYA HAS BEEN ADVISED OR IS AWARE OF SUCH DEFECTS. UNDER NO CIRCUMSTANCES SHALL VALOYA’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH A DEFECTIVE PRODUCT, IN CONTRACT, TORT OR OTHERWISE, EXCEED THE PURCHASE PRICE OF THE PRODUCT TO WHICH SUCH LIABILITY RELATES. IN NO EVENT SHALL VALOYA BE LIABLE FOR SPECIAL, INCIDENTIAL, CONSEQUENTIAL, INDIRECT OR COMPENSATORY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, BUSINESS OR GOODWILL EVEN IF VALOYA WAS ADVISED OF OR WAS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
5.7 Freight costs incurred by the Purchaser are not covered or reimbursed by Valoya.
5.8 Valoya may modify this Warranty Policy from time to time and all modification will be effective for all orders placed on or after the date of such modification.