THE FOLLOWING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT BY WAY OF LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.
The obligation of Crecer Lighting under this warranty is expressly limited to repair or replacement without charge, at the sole option of Crecer Lighting, of defective products at Crecer Lighting factory within a period of Three years from the date of shipment of products and only after Crecer Lighting has issued a Return Goods Authorization to customer for the products. This warranty does not apply to Crecer Lighting products which have been altered or repaired outside of Crecer Lighting factory or which have been subjected to neglect, abuse, misuse or accident (including shipping damages).
THIS WARRANTY ALSO DOES NOT APPLY TO PRODUCTS NOT MANUFACTURED BY CRECER LIGHTING WHICH HAVE BEEN INSTALLED AND USED IN CONJUNCTION WITH CRECER LIGHTING PRODUCTS. Neither ballasts, drivers, low voltage transformers nor lamps are manufactured by Crecer Lighting. Crecer Lighting's warranty does not apply to any component parts or accessories manufactured by another manufacturer. Any warranty regarding such components is made by the manufacturer of the components and Crecer Lighting warranty is subject to the component manufacturer's warranty.
LIMITATION OF LIABILITY IN NO EVENT SHALL CRECER LIGHTING BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (REGARDLESS OF THE FORM OF ACTION, (WHETHER IN CONTRACT, STRICT LIABILITY, OR IN TORT INCLUDING SHALL THE LIABILITY OF CRECER LIGHTING FOR ANY CLAIMS OR DAMAGE ARISING OUT OF OR CONNECTED WITH THIS AGREEMENT OR THE MANUFACTURE, SALE, DELIVERY, USE, MAINTENANCE, REPAIR OR MODIFICATION OF THE PRODUCTS, OR SUPPLY OR ANY REPLACEMENT PARTS THEREFORE, EXCEED THE PURCHASE PRICE OF THE PRODUCTS.
THIS LIMITATION OF LIABILITY SHALL APPLY TO ANY LIABILITY OR DEFAULT UNDER OR IN CONNECTION WITH THE PRODUCTS, PARTS, OR SERVICES DELIVERED HEREUNDER WHETHER BASED ON WARRANTY, FAILURE OF OR DELAY IN DELIVERY, OR OTHERWISE. NO LABOR CHARGES WILL BE ACCEPTED WITHOUT PRIOR WRITTEN APPROVAL OF CRECER LIGHTING INC. THIS CLAUSE SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.