Terms and Conditions

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DEFINITIONS


"The Company" means SPARK LED LIGHTS OR any subsidiary or associated company of SPARK LED LIGHTS. ""The Customer" means the person, firm or other entity which contracts with the Company for title purchase of Goods. ""The Goods" means products of any kind manufactured or sold by the Company "Contract" means the contract for the purchase and sale of the Goods


DESCRIPTIONS, ILLUSTRATIONS AND DIMENSIONS


The Customer shall be responsible for ensuring the accuracy of the Terms of any order submitted. All the illustrations and information concerning dimensions, colour, finish etc. are for guidance only and are subject to variation due to changes in production processes. While the Company makes every effort to ensure the accuracy of the information contained in its literature, the Company shall not be liable for the consequences of any error or omission in the descriptions, illustrations, dimensions or other information in the correspondence, catalogues and any other literature supplied by the Company. However, as our policy is one of continual improvement we reserve the right to alter specifications of any Goods without notice. All descriptions, illustrations, etc. in this brochure shall not form part of any Contract of purchase and sale with the Company.


WARRANTY


Certain products may have a longer warranty period as noted on the product’s specification sheet, SPARK LED LIGHTS will repair or replace, at its option, any warranted product returned to it that it determines to be defective. This limited warranty does not include installation or removal, nor does it include lamps, transformers and ballasts, which are covered by their respective manufacturers. 5-Year Limited Subject to the exclusions set forth below, SPARK LED LIGHTS 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 “General Warranty”) for a period of one year from the date of shipment from SPARK LED LIGHTS facilities.

Warranty applies to select LED products. Contact SPARK LED LIGHTS for more information.

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.

SPARK LED LIGHTS 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 Aurora Lighting; 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 SPARK LED LIGHTS; use of the Product(s) with products, processes or materials supplied by any end user or third party; or any other occurrences beyond SPARK LED LIGHT’s reasonable control.

SPARK LED LIGHTS 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 SPARK LED LIGHTS 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 SPARK LED LIGHTS 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.


Consistent Colour Rendition


LEDs have slight variances in colour by manufacturing batch. In situations where exact colour matching is vital, customers must specifically request that all items are supplied from the same batch otherwise colour match cannot be guaranteed. If there is a possibility that an application may require further quantities of the same product it is highly recommended that extra stock is ordered with the initial order as colour match cannot be guaranteed at a later date. It is also advisable to order ‘standby’ stock to cover replacements when necessary.


Limitation of Liability


The Purchaser will be responsible for ensuring the fitness for purpose of the goods for the purchaser’s application. To the extent permitted by law, SPARK LED LIGHTS accepts no liability arising in respect of loss, damage or expense arising from errors in information or advice provided where or not due to SPARK LED LIGHT’s negligence or that of its employees, agents or sub-contractors, save for any loss or damage arising from death or personal injury. SPARK LED LIGHT shall not be liable to the Purchaser by reason of any representation (unless deliberately fraudulent), or any implied warranty, condition or other term, or any duty at common law, or under the expressed terms of any contract with the Purchaser, for any indirect or consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of SPARK LED LIGHTS, its employees or agents) which arise out of or in connection with the supply of the goods or their use or resale by the Purchaser. The invalidity, illegality or unenforceability of any term or condition of this Agreement shall not affect the validity, legality or enforceability of any other term or condition of this Agreement.

The entire liability of SPARK LED LIGHTS under or in connection with any contract with the Purchaser shall not exceed the price of the goods or services. Installation A 'competent person' must install all items requiring electrical wiring work. The mains supply must always be isolated prior to installation. The overall electrical installation must conform to the relevant regulations. Disposal (WEEE) - Commercial Sales The Waste Electrical and Electronic Equipment directive applies to all the products sold by SPARK LED LIGHTS. It is a requirement of the directive that all such items are disposed of in a responsible manner.


Force Majeure


No liability will be accepted by SPARK LED LIGHTS for any failure or delay in performance which is wholly or partially due to an Act of God, War, Fire, Explosion, Riot, Civil Commotion, Restriction by Government or other competent authority, Strikes, Lock Outs, Failure in supplies or to any cause whatsoever beyond our control.


If the Product(s) fail to comply with the terms of this Warranty, SPARK LED LIGHTS, 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 labour 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 SPARK LED LIGHTS 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 SPARK LED LIGHTS, 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 SPARK LED LIGHTS post-sales or customer service representative. SPARK LED LIGHTS is not responsible for any costs and expenses incurred in connection with shipment of Product(s) to SPARK LED LIGHTS, but SPARK LED LIGHTS shall bear all cost and expense incurred in connection with shipment of replacement Product(s) to the customer.

The warranty and remedy set forth herein do not apply to Products, parts, advice, assistance or service which SPARK LED LIGHTS furnishes to purchaser as a business courtesy. The warranty is not applicable to any Product which is used in violation of any applicable standard, code or instructions for use, including those contained in the Standards for Safety of Underwriters Laboratory, Inc. (UL), Standards for the American Standards Institute (ANSI), in Canada, the Canadian Standards Association (CSA), ETL Listed Mark (ETL).

THE FOREGOING WARRANTY TERMS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, AND SPARK LED LIGHTS 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 SPARK LED LIGHTS PRODUCTS HAS THE AUTHORITY TO MODIFY OR AMEND THIS WARRANTY WITHOUT EXPRESS WRITTEN AUTHORIZATION FROM SPARK LED LIGHTS.

SPARK LED LIGHTS 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.