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WARRANTY Warranty Coverage. HIGH END WILL ONLY BE OBLIGATED TO HONOR THE WARRANTY SET OUT BELOW UPON RECEIPT OF FULL PAYMENT OF THE ORDER. High End Systems, Inc. (“HIGH END”) warrants to the original owner or retail customer (“Customer”) that during the warranty period defined below, HIGH END will repair or replace its Products that are defective in materials or workmanship which cause the Product to fail to operate in accordance with HIGH END’s published specifications for the Product in effect as of the date of shipment, subject to the terms of this limited warranty. The warranty period of box Products shall begin on the date of shipment (“Warranty Start Date”), except the Warranty Start Date shall begin on the date of energization for Orders which include energization performed by HIGH END or an authorized service provider acting on HIGH END’s behalf. If no energization date is recorded, however, the Warranty Start Date shall begin on the date of shipment. HIGH END warrants its Products for 2 years from the Warranty Start Date, except for the light engine for Sola series fixtures which is warranted for 5 years from the Warranty Start Date. The controlling warranty, terms and conditions, and product warranty periods is available at the time of order acknowledgment, either by hard copy or by internet link listed on the order acknowledgment. If HIGH END shall fail to repair or replace defective Products within a reasonable time after they are returned to HIGH END, or if HIGH END shall wrongfully fail to make delivery or shall wrongfully repudiate this contract, then Customer shall be entitled to recover from HIGH END such part of the purchase price as has been paid by Customer to HIGH END. The remedy stated in the preceding sentence shall be Customer’s exclusive remedy for any breach, non-delivery, or repudiation by HIGH END or for any other liability of HIGH END to Customer. This exclusive remedy shall not be deemed to have failed its essential purpose so long as HIGH END is willing and able to repair or replace defective Products in the prescribed manner. Warranty Exclusions. This Warranty does not impose any liability or duty upon HIGH END for: (i) any Product or part of a Product damaged by or subject to accident, negligence, alteration, abuse or misuse by Customer, or any accessories or parts not supplied by HIGH END; (ii) any damage caused by the unauthorized adjustment, repair or service of the Products by anyone other than HIGH END or its authorized repair agents; (iii) any damage, to any Product, or part of a Product caused by or due to an act of God, any catastrophe resulting from earthquake, fire, flood, explosion, inability to obtain materials or utilities, or any other cause beyond the reasonable control of HIGH END. This warranty also does not cover “consumable” parts such as fuses, lamps, color media or components which may be warranted directly to the Customer by the original manufacturer. This Warranty does not extend to items not manufactured by HIGH END. Freight terms on warranty repairs are FOB HIGH END factory or designated repair facility. Collect shipments or freight allowances will not be accepted. HIGH END SYSTEMS, INC.’S STANDARD TERMS AND CONDITIONS OF SALE AND WARRANTY Page 3 of 3 V3. 07/22/2020 HIGH END’s sole responsibility under this Warranty shall be to repair or replace at HIGH END’s option such Products or parts of Products as shall be determined to be defective on HIGH END’s inspection. HIGH END, at its option, may perform on-site warranty repairs. Such repairs may be performed with reworked or refurbished parts. HIGH END will not assume any responsibility for any labor expended or materials used to repair any Products without HIGH END’s prior written authorization. HIGH END SHALL NOT BE RESPONSIBLE FOR ANY INCIDENTAL, GENERAL OR CONSEQUENTIAL DAMAGES, DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF USE, TIME, PROFITS OR INCOME, OR ANY OTHER DAMAGES. The Customer’s obligations during the warranty period under this Warranty are to notify HIGH END within one week of any suspected defect and to return the Products prepaid to HIGH END at HIGH END’s factory or authorized service center. The one week notice period does not apply to claims for shortage or damaged Products. This written Warranty is intended as a complete and exclusive statement of the terms thereof. Prior dealings or trade usage shall not be relevant to modify, explain or vary this Warranty. Acceptance of, or acquiescing in, a course of performance under this Warranty shall not modify the meaning of this Warranty even though either party has knowledge of the performance and a chance to object. THIS LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS AND REPLACES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SPECIFICALLY, EXCEPT AS PROVIDED HEREIN, HIGH END UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE PRODUCT OR THAT THE PRODUCT WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH CUSTOMER MAY BE BUYING THE PRODUCT. ANY IMPLIED WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD. NO ORAL OR WRITTEN INFORMATION, OR ADVICE GIVEN BY HIGH END, ITS AGENTS OR EMPLOYEES, SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY. For Dealers located in North and South America: HIGH END manufactured Products forwarded outside of North and South America will immediately void this Warranty unless the dealer has obtained an additional HIGH END International Warranty Provision for the specific Product prior to the Product’s initial shipment from HIGH END. HIGH END is not obligated to provide a HIGH END International Warranty Provision. Please contact HIGH END to inquire and purchase a HIGH END International Warranty Provision.