LIMITED WARRANTY FOR REEF BREEDERS PHOTON FIXTURE
This Limited Warranty applies to the following Photon fixture (hereinafter referred to as the “Covered Products”). Reef Breeders makes the following express limited warranties for the Covered Products purchased within the United States, subject to the conditions and limitations stated below. These limited warranties are the exclusive warranties for the Covered Products. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. Reef Breeders disclaims all warranties, express or implied, for other products.
LIMITED WARRANTIES. The Photon is warranted to be free from defects in material and workmanship under normal use for period of two (2) years from the date of original delivery. Warranty only applies to original owner. Extended, transferable warranties are available for purchase. The LED bulb matrices in the Photon are warranted to be free from defects in material and workmanship under normal use for period of two (2) years from the date of original delivery. If the Buyer gives Reef Breeders notice as required below of a defect in materials or workmanship, Reef Breeders shall, at its sole option: (1) repair or replace the defective products or (2) refund the original purchase price. Replacement products may not exactly match replaced products. Reef Breeders shall not be held liable for damage to any aquarium, aquarium life forms or other personal objects due to improper use of the Covered Products. FAILURE TO COMPLY WITH THE INSTALLATION AND OPERATING INSTRUCTIONS VOIDS ALL WARRANTIES. This Limited Warranty does not extend to the use of the Covered Products under abnormal conditions, conditions that exceed the stated performance parameters of the products as provided on the product labelling and in the manual or instructions provided with the Covered Products, or under conditions not reasonably foreseeable to, or beyond the control of, Reef Breeders. Buyer assumes all risk of any such use. ANY ATTEMPTS AT SELF- REPAIR SHALL VOID THIS LIMITED WARRANTY.
The date of original delivery calculated from the shipping date from the Reef Breeders headquarters in Rhode Island plus seven days.
WHAT THIS LIMITED WARRANTY DOES NOT COVER.
Reef Breeders is not responsible for and makes no warranties as to the following: 1) PRODUCT FAILURES OR DAMAGE DUE TO NORMAL WEAR AND TEAR, EXPOSURE TO EXCESSIVE HEAT OR MOISTURE, CORROSIVE CHEMICALS OR SUBSTANCES, IMPROPER INSTALLATION, DEFECTS OR CONDITIONS OF THE EXISTING STRUCTURE, MISUSE, ABUSE, MODIFICATIONS AND ALTERATIONS; AND 2) MINOR IMPERFECTIONS THAT DO NOT AFFECT THE COVERED PRODUCT’S STRUCTURAL INTEGRITY OR USE.
DISCLAIMER OF IMPLIED WARRANTIES.
NEITHER REEF BREEDERS NOR ITS AUTHORIZED DEALERS MAKE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THIS DISCLAIMER IS DEEMED LIMITED OR INEFFECTIVE, THE TERMS AND LIMITATIONS OF ANY IMPLIED WARRANTIES SHALL BE THE SAME AS THE EXPRESS LIMITED WARRANTIES CONTAINED HEREIN.
LIMITATION OF LIABILITY.
ALL WARRANTIES ARE VOID IF THERE IS DAMAGE TO THE COVERED PRODUCTS THAT IS NOT A RESULT OF A DEFECT IN THE MATERIALS OR WORKMANSHIP. THE SOLE AND EXCLUSIVE REMEDY FOR ALL CLAIMS THAT YOU MAY HAVE ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THIS PRODUCT, WHETHER MADE OR SUFFERED BY YOU OR ANOTHER PERSON AND WHETHER BASED IN CONTRACT OR TORT, SHALL BE REPAIR OR REPLACEMENT OF THE PRODUCT. IN NO EVENT WILL REEF BREEDERS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR ANY OTHER PECUNIARY LOSS, DAMAGE TO YOUR AQUARIUM OR ANY AQUARIUM INHABITANTS, DAMAGE TO PLANTS OR LIVESTOCK) OR FROM ANY BREACH OF WARRANTY, EVEN IF REEF BREEDERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CASE SHALL REEFBREEDER’S LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT. IF YOU DISAGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THE COVERED PRODUCTS.
DISPUTES AND NOTICE OF CLAIM.
This Limited Warranty shall be governed by and construed in accordance with the laws of the state of Rhode Island, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence. This Limited Warranty, and all the terms and limitations contained herein, constitutes the entire agreement between Reef Breeders and the Buyer. By purchasing, installing or using the Covered Products, Buyer is not relying on any oral statements made by anyone, including its authorized dealers, which are in any way different or contrary to the terms and limitations of this Limited Warranty. By purchasing, installing or using any of the Covered Products, Buyer acknowledges that authorized dealerships are not agents of Reef Breeders, and any statements or representations made by authorized dealerships and their employees are not attributable to Reef Breeders. This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state. If Reef Breeders provides any of the remedies identified above (i.e., repair, replace or return of the original purchase price), then Buyer agrees that this limitation of remedy shall not have failed the essential purpose of the Limited Warranty.
Buyer shall promptly notify Reef Breeders of any claim under this Limited Warranty. Reef Breeders reserves the right to deny any claims made by the Buyer more than two (2) years after any defect or other basis of a claim covered by this Limited Warranty is discovered by the Buyer or should have been discovered by the Buyer.
To obtain warranty service or technical support, please contact Reef Breeders’ customer service department via our contact page. You will receive instructions on how to return the product for repair or replacement. To take advantage of this Limited Warranty, you will be required to
supply an original point of purchase receipt. Buyer shall be responsible for shipment and insurance costs to send Covered Products to Reef Breeders.
Any dispute or claim relating in any way to these terms or your use of Covered Products, or to any products or services sold or distributed by Reef Breeders or through ReefBreeders.com will be resolved by mediation or binding arbitration, rather than in court, except that you may assert claims in Rhode Island small claims court if your claims qualify. The Federal Arbitration
|Act and federal arbitration law apply to this agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these conditions of use as a court would. If a dispute arises from or relates to this Covered Product, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this contract, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. To begin a mediation or an arbitration proceeding, you must send a letter requesting mediation first, and if that does not resolve difference, then a letter requesting arbitration and describing|
|your claim to our registered agent, Reef Breeders LLC, 376 Drybridge Road, Building D3, North Kingstown, RI 02852 USA. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. Neither party will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or at another mutually agreed location. The arbitrator is bound by the terms of this Limited Warranty. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. The arbitrator’s award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator’s award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator’s application or conclusions of law.|