AURA Architectural Warranty
LIMITED WARRANTY
AURA Architectural by ETI Lighting (“AURA”) warrants to the original purchaser, for a period of seven (7) years from the original ship date, that the Variline Architectural Linear luminaire (“Product”) will be free from defects in materials, manufacturing and workmanship when (a) installed and operated by a licensed electrician strictly in accordance with this manual, (b) operated within its rated electrical and environmental ratings, and (c) used for its intended purpose.
EXCLUSIVE REMEDY. AURA’s sole obligation, and the purchaser’s sole and exclusive remedy, is, at AURA’s option, repair, replacement or refund of the purchase price of the defective Product. Labor for removal or reinstallation is not covered.
EXCLUSIONS.
This warranty does not cover, and AURA shall have no liability for, any of the following: (i) damage from improper installation, abuse, misuse, modification, repair by unauthorized parties, or failure to follow this manual; (ii) damage from operation outside rated voltage, ambient temperature, or environmental conditions, including the chemical environments listed on page 1; (iii) cosmetic wear; (iv) normal LED lumen depreciation; (v) damage from acts of God, power surges, or supply-side faults; (vi) lamps, lenses, or other consumable parts after [N] hours of operation; (vii) units installed outdoors or in wet locations unless specifically listed for such use.
DISCLAIMER OF IMPLIED WARRANTIES. EXCEPT FOR THE EXPRESS LIMITED WARRANTY ABOVE, AURA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, AURA SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DOWNTIME, OR LABOR FOR REMOVAL OR REINSTALLATION, ARISING OUT OF OR RELATING TO THE PRODUCT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AURA’S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT.
Some states do not allow the exclusion or limitation of implied warranties or of incidental or consequential damages, so the above limitations may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
CLAIM PROCEDURE.
To make a warranty claim, contact technical support at (877) 476-9384 or [ADD YOUR CUSTOMER SERVICE EMAILS] with proof of purchase and the SKU, order date, and a description of the defect to obtain a Return Material Authorization (RMA) before returning any Product.
SAFETY UPDATES. Register your installation at [IF YOU HAVE A URL FOR REGISTRATION ADD HERE] to receive safety bulletins and product updates.
GOVERNING LAW & DISPUTE RESOLUTION. This warranty is governed by the laws of Georgia, without regard to its conflict-of-laws rules.
ANY CONTROVERSY, CLAIM OR DISPUTE ARISING OUT OF OR RELATED TO THIS AGREEMENT, BUYER’S PURCHASE OF THE AURA OR ANY RIGHTS OR OBLIGATIONS OF EITHER PARTY RELATING TO THIS AGREEMENT (INCLUDING WITHOUT LIMITATION ANY CLAIMS FOR DEATH, PERSONAL INJURY, PROPERTY DAMAGE, DEFECTIVE DESIGN OR INSTALLATION, MISREPRESENTATION AND FRAUD) WILL BE RESOLVED BY BINDING ARBITRATION PURSUANT TO THE FEDERAL ARBITRATION ACT (TITLE 9 OF THE UNITED STATES CODE). THE ARBITRATION SHALL BE CONDUCTED IN ACCORDANCE WITH THE CONSUMER ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN EFFECT ON THE DATE OF THIS AGREEMENT AND THE TERMS OF THIS AGREEMENT. ANY AWARD RENDERED BY THE ARBITRATOR MAY BE CONFIRMED, ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION.
BUYER IS INFORMED AND UNDERSTANDS THAT ARBITRATION INVOLVES CERTAIN EXPENSES (INCLUDING PAYMENT OF FEES TO THE AAA AND COMPENSATION OF THE ARBITRATOR(S)) WHICH, DEPENDING ON THE NATURE AND AMOUNT OF CLAIMS ASSERTED, MAY BE SUBSTANTIAL AND IN EXCESS OF COURT FEES FOR FILING OF A LAWSUIT. THE PAYMENT OF SUCH ARBITRATION FEES AND EXPENSES SHALL BE GOVERNED BY THE AAA RULES. THE AAA FEE SCHEDULE, THE RULES FOR APPOINTING AN ARBITRATOR AND FOR CONDUCTING AN ARBITRATION (INCLUDING ONLINE FILING) MAY BE FOUND AT WWW.ADR.ORG. THE AAA MAY ALSO BE CONTACTED BY PHONE AT 1-800-778-7879.
BUYER WAIVES THE RIGHT TO INSTITUTE OR PARTICIPATE IN A CLASS OR ANY OTHER TYPE OF REPRESENTATIVE ARBITRATION OR ANY TYPE OF LEGAL ACTION AS A MEMBER OR REPRESENTATIVE OF A CLASS FOR ANY MATTER COVERED BY THIS SECTION. BUYER ACKNOWLEDGES THE ARBITRATOR IS NOT AUTHORIZED TO PERMIT ANY CLASS OR REPRESENTATIVE ARBITRATION.
BUYER AND ETI SHALL EACH BE RESPONSIBLE FOR THEIR OWN ATTORNEY FEES AND EXPENSES (INCLUDING THE COST AND FEES OF ANY EXPERT WITNESSES) IN THE ARBITRATION AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO AWARD RECOVERY OF ATTORNEY FEES OR EXPERT EXPENSES.
SEVERABILITY. If any provision of this warranty is held unenforceable, the remaining provisions shall remain in full force and effect.