Limited Warranty

Pooky Lighting, Inc., a Delaware corporation with a principal place of business at 7086 Carlisle Pike, Carlisle, PA 17015 (“SELLER”), warrants that the goods (“Product”) available for purchase through www.us.pooky.com (the “Website”) and sold or provided to the first end user (“BUYER”) are produced according to usual practices, customs, standards, specifications and tolerances of trade prevailing in the country of origin at the time of production and shall, subject to the limitations and exclusions set forth below, be free from defects in design, material, and workmanship.

 

  1. INSTALLATION, PAYMENT AND MAINTENANCE REQUIREMENTS

 

This Limited Warranty applies only if:

 

(1)       The Product is used properly and is operated in accordance with user manual guides, as furnished to BUYER at the time of purchase;

 

(2)       BUYER is the first end user of the Product; and

 

(3)       BUYER complies with all other sections of this Limited Warranty.

 

  1. PROCEDURE FOR OBTAINING WARRANTY SERVICE

 

The procedure described in this Section 2 shall hereinafter be referred to as the “Warranty Claim Procedures.” For the Limited Warranty to apply, BUYER must deliver to SELLER a warranty claim fully describing the alleged defects or failures of the Product and original proof of purchase within the Warranty Period (defined in Section 4).

 

In order to determine whether the Limited Warranty should apply, BUYER shall provide any information to SELLER, including photographs where applicable, via phone, email or any other appropriate means of communication. In the event the defect is covered by the Limited Warranty, SELLER may, at its sole option, require that the defective Product be shipped to the address provided by SELLER.

 

  1. WARRANTY SERVICES PROVIDED

 

If the Product is proved to SELLER’s satisfaction to be defective, within the Warranty Period (defined in Section 4), SELLER’s obligations under this Limited Warranty shall be limited to either repairing or replacing the Product, at SELLER’s sole discretion, and only if such defect was caused solely by defective design, workmanship and/or materials. Such repair or replacement shall be SELLER’s sole obligation and BUYER’s exclusive remedy hereunder, and shall be conditioned upon BUYER’s fulfilling its obligations under SELLER’s Warranty Claim Procedures.

 

  1. WARRANTY PERIOD

 

Limited Warranty of the Product applies for twelve (12) months from the date the Product is sold to BUYER (the “Warranty Period”). The Warranty Period shall not be tolled for any reason. No action by SELLER or BUYER shall operate to extend or revive this Limited Warranty without the prior written consent of SELLER.

 

  1. EXCLUSIONS FROM WARRANTY

 

The following conditions are not covered under this Limited Warranty:

 

  • Normal wear and tear from everyday use;

 

  • Replacement of wear parts, including but not limited to light bulbs;

 

  • Misuse, abuse or improper use of Product by BUYER;

 

  • Damage to the Product as a result of tampering, disassembly or repair;

 

  • Damage to ancillary equipment not sold by SELLER;

 

  • Damage to Products caused by improper installation;

 

  • Damage to Product caused by fire, storm or other acts of God.

 

 

  1. LIMITATIONS ON WARRANTY; DISCLAIMER OF WARRANTIES

 

This Limited Warranty is provided by SELLER, and it contains the only express warranty provided to BUYER by SELLER. SELLER does not authorize any other person, including distributors, to give any other warranties on SELLER's behalf.

 

SELLER DISCLAIMS ANY EXPRESS WARRANTY NOT PROVIDED HEREIN AND ANY IMPLIED WARRANTY, GUARANTY OR REPRESENTATION AS TO PERFORMANCE, QUALITY AND ABSENCE OF HIDDEN DEFECTS, AND ANY REMEDY FOR BREACH OF WARRANTY OR CONTRACT, WHICH BUT FOR THIS PROVISION, MIGHT ARISE BY IMPLICATION, OPERATION OF LAW, CUSTOM OF TRADE OR COURSE OF DEALING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

 

Implied warranties in jurisdictions where they may not be disclaimed shall be in effect only for the duration of the express warranty set forth herein.

 

 

  1. SELLER’S LIMITATION OF LIABILITY

 

SELLER’s liability with respect to the Product sold to BUYER shall be limited to the warranty provided herein. SELLER SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES OF LAW, WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY SELLER, OR ANY UNDERTAKING, ACTS OR OMISSIONS RELATING THERETO.

 

Without limiting the foregoing, SELLER SPECIFICALLY DISCLAIMS ANY LIABILITY FOR PROPERTY OR PERSONAL INJURY DAMAGES, PENALTIES, SPECIAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS OR REVENUES, SERVICES, DOWN TIME, SHUT DOWN OR SLOW DOWN COSTS, OR FOR ANY OTHER TYPES OF ECONOMIC LOSS, AND FOR CLAIMS OF BUYER’S CUSTOMERS OR ANY THIRD PARTY FOR ANY SUCH DAMAGES. SELLER SHALL NOT BE LIABLE FOR AND DISCLAIMS ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER. SELLER’S TOTAL LIABILITY ARISING IN CONNECTION WITH THE PRODUCT SHALL BE LIMITED TO THE VALUE OF THE PRODUCT SOLD TO BUYER.

 

SELLER’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise, arising in connection with the performance or contemplated performance of the contract between SELLER and BUYER shall be limited to the price paid for the Products.

 

  1. GOVERNING LAW; JURISDICTION

 

This Limited Warranty is governed by the laws of the State of Delaware in the United States, without reference to conflict of laws principles. In the event of a dispute arising from or relating to this Limited Warranty, which is not resolved by negotiation between the parties, the parties hereby agree to personal exclusive jurisdiction in the state and federal courts located in Delaware.