Limited Warranty Details
View limited warranties details on the following categories
- DELTA® FAUCETS
- DELTA® BATHING PRODUCTS
- DELTA® TOILETS
- DELTA® CUSTOM REFLECTIONS
- DELTA® LIGHTING FIXTURES
Limited Warranty on Delta® Faucets
Parts and Finish
All parts (other than electronic parts and batteries) and finishes of Delta® faucets purchased from authorized Delta sellers are warranted to the original consumer purchaser to be free from defects in material and workmanship for as long as the original consumer purchaser owns the home in which the faucet was first installed. For commercial purchasers, (a) the warranty period is ten (10) years for multi-family residential applications and (b) five (5) years for all other commercial applications, in each case from the date of original purchase. For purposes of this warranty, the term "multi-family residential application" refers to the purchase of the faucet from an authorized Delta seller by a purchaser who owns but does not live in the residential dwelling in which the faucet is initially installed, such as in a rented or leased single unit or multi-unit detached home (duplex or townhome), or a condominium, apartment building or community living center. The following installations are not considered multi-family residential applications, are excluded from the 10-year warranty and are subject to the five-year warranty: industrial, institutional or other business premises, such as a dormitory, hospitality premises (hotel, motel or extended stay location), airport, educational facility, long- or short-term healthcare facility (hospital, rehabilitation center, nursing, assisted or staged-care living unit), public space or common area.
Electronic Parts
Electronic parts (other than batteries), if any, of Delta® faucets purchased from authorized Delta sellers are warranted to the original consumer purchaser to be free from defects in material and workmanship for five (5) years from the date of original purchase or, for commercial purchasers, for one (1) year from the date of original purchase. No warranty is provided on batteries.
What We Will Do
Delta Faucet Company will repair or replace, free of charge, during the applicable warranty period (as described above), any part or finish that proves defective in material and/or workmanship under normal installation, use and service. If repair or replacement is not practical, Delta Faucet Company may elect to refund the purchase price in exchange for the return of the product. These are your exclusive remedies.
What Is Not Covered
Because Delta Faucet Company is unable to control the quality of Delta products sold by unauthorized sellers, unless otherwise prohibited by law, this warranty does not cover Delta products purchased from unauthorized sellers.
Any labor charges incurred by the purchaser to repair, replace, install or remove this product are not covered by this warranty. Delta Faucet Company shall not be liable for any damage to the faucet resulting from reasonable wear and tear, outdoor use, misuse (including use of the product for an unintended application), freezing water, abuse, neglect or improper or incorrectly performed installation, maintenance or repair, including failure to follow the applicable care and cleaning instructions. Delta Faucet Company recommends using a professional plumber for all installation and repair of faucets. We also recommend that you use only genuine Delta® replacement parts.
What You Must Do To Obtain Warranty Service or Replacement Parts
A warranty claim may be made and replacement parts may be obtained by calling 1‑800‑345‑DELTA (3358) or by contacting us by mail or online as follows (please include your model number and date of original purchase):
In the United States and Mexico: In Canada:
Delta Faucet Company Masco Canada Limited, Plumbing Group
55 E. 111th Street Technical Service Centre
Indianapolis, IN 46280 350 South Edgeware Road
Attention: Warranty Service St. Thomas, Ontario, Canada N5P 4L1
www.deltafaucet.com/service-parts/contact-us Attention: Customer Service
http://www.deltafaucet.ca/customersupport/assistance.html
Proof of purchase (original sales receipt) from the original purchaser must be made available to Delta Faucet Company for all warranty claims unless the purchaser has registered the product with Delta Faucet Company. This warranty applies only to Delta® faucets manufactured after January 1, 2019 and installed in the United States of America, Canada and Mexico.
Limitation on Duration of Implied Warranties. Please note that some states/provinces (including Quebec) do not allow limitations on how long an implied warranty lasts, so the below limitations may not apply to you. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE STATUTORY PERIOD OR THE DURATION OF THIS WARRANTY, WHICHEVER IS SHORTER.
Limitation of Special, Incidental or Consequential Damages. Please note that some states/provinces (including Quebec) do not allow the exclusion or limitation of special, incidental or consequential damages, so the below limitations and exclusions may not apply to you. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WARRANTY DOES NOT COVER, AND DELTA FAUCET COMPANY SHALL NOT BE LIABLE FOR, ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LABOR CHARGES TO REPAIR, REPLACE, INSTALL OR REMOVE THIS PRODUCT), WHETHER ARISING OUT OF BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, TORT, OR OTHERWISE. DELTA FAUCET COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE TO THE FAUCET RESULTING FROM REASONABLE WEAR AND TEAR, OUTDOOR USE, MISUSE (INCLUDING USE OF THE PRODUCT FOR AN UNINTENDED APPLICATION), FREEZING WATER, ABUSE, NEGLECT OR IMPROPER OR INCORRECTLY PERFORMED INSTALLATION, MAINTENANCE OR REPAIR, INCLUDING FAILURE TO FOLLOW THE APPLICABLE INSTALLATION, CARE AND CLEANING INSTRUCTIONS. Notice to residents of the State of New Jersey: The provisions of this warranty, including its limitations, are intended to apply to the fullest extent permitted by the laws of the State of New Jersey.
Additional Rights
This warranty gives you specific legal rights, and you may also have other rights which vary from state/province to state/province.
This is Delta Faucet Company's exclusive written warranty and the warranty is not transferable.
If you have any questions or concerns regarding our warranty, please contact us as provided above or view our Warranty FAQs at www.deltafaucet.com.
LIMITED WARRANTY ON DELTA® BATHING PRODUCTS
This bathing product is warranted to the original consumer purchaser or commercial user, as applicable, to be free from defects in material and workmanship for the applicable period specified below:
Delta® Tubs, Shower Bases, and Walls
Ten (10) years from the date of purchase by the original consumer purchaser or, for commercial users, one (1) year from the date of purchase.
Delta® Glass and Frameless Shower Enclosures and Shower Doors
Five (5) years from the date of purchase by the original consumer purchaser or, for commercial users, one (1) year from the date of purchase.
Peerless® Tubs, Shower Bases, Shower Enclosures, and Walls
Three (3) years from the date of purchase by the original consumer purchaser or, for commercial users, one (1) year from the date of purchase.
All Other Tubs, Shower Bases, Shower Enclosures, and Walls
One (1) year from the date of purchase by the original consumer purchaser or commercial user.
What We Will Do
Delta Faucet Company will repair or replace, free of charge, during the applicable warranty period, any part that proves defective in material and/or workmanship under normal installation, use and service. If repair or replacement is not practical, Delta Faucet Company may elect to refund the purchase price (the return of the product may be required at Delta Faucet Company's option). These are your exclusive remedies.
What Is Not Covered
Any labor charges incurred by the purchaser to repair, replace, install or remove this product are not covered by this warranty. Delta Faucet Company shall not be liable for any damage to the product resulting from reasonable wear and tear, misuse, abuse, neglect or improper or incorrectly performed installation, maintenance or repair, including failure to follow the applicable care and cleaning instructions. Delta Faucet Company recommends using a professional plumber for all installation and repair. We also recommend that you use only genuine Delta®/Peerless® replacement parts.
What You Must Do To Obtain Warranty Service or Replacement Parts
A warranty claim may be made and replacement parts may be obtained by calling 1‑800‑355‑2721 or by writing to:
In the United States and Mexico:
Delta Faucet Company
Bathing Products
55 E. 111th Street
Indianapolis, IN 46280
Contact Form
In Canada:
Masco Canada Limited, Plumbing Group
Technical Service Centre
350 South Edgeware Road
St. Thomas, Ontario, Canada N5P 4L1
Contact Form
Proof of purchase (original sales receipt) from the original purchaser must be made available to Delta Faucet Company for all warranty claims unless the purchaser has registered the product with Delta Faucet Company. This warranty applies only to bathing products that are installed in the United States of America, Canada and Mexico.
DO NOT USE CERTAIN CLEANING PRODUCTS. Cleaning products containing the following chemicals can cause this bathing product to crack or discolor and use of cleaning products containing these chemicals will void this warranty:
- Naphtha
- Amyl Acetate
- Hydrogen Peroxide Solution (common hydrogen peroxide)
- Toluene
- Ethyl Acetate
- Lye (common in drain cleaners)
- Acetone
Limitation on Duration of Implied Warranties. TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE STATUTORY PERIOD OR THE DURATION OF THIS WARRANTY, WHICHEVER IS SHORTER. Some states/provinces do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you.
Limitation of Special, Incidental or Consequential Damages. DELTA FAUCET COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LABOR CHARGES TO REPAIR, REPLACE, INSTALL OR REMOVE THIS PRODUCT), WHETHER ARISING OUT OF BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, TORT, OR OTHERWISE. DELTA FAUCET COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE TO THE PRODUCT RESULTING FROM REASONABLE WEAR AND TEAR, MISUSE, ABUSE, NEGLECT OR IMPROPER OR INCORRECTLY PERFORMED INSTALLATION, MAINTENANCE OR REPAIR, INCLUDING FAILURE TO FOLLOW THE APPLICABLE INSTALLATION, CARE AND CLEANING INSTRUCTIONS. Some states/provinces do not allow the exclusion or limitation of special, incidental or consequential damages, so these limitations and exclusions may not apply to you.
Additional Rights
This warranty gives you special legal rights, and you may also have other rights which vary from state/province to state/province.
This is Delta Faucet Company's exclusive written warranty and the warranty is not transferable.
If you have any questions or concerns regarding technical support, installation or our warranty, please call, mail or email us as provided above or visit our website at www.deltabathing.com.
LIMITED WARRANTY ON DELTA® TOILETS
Chinaware
Chinaware parts of the Delta® toilet are warranted to the original consumer purchaser to be free from defects in material and workmanship for as long as the original consumer purchaser owns the home in which the toilet was first installed or, for commercial users, for five (5) years from the date of purchase.
Mechanical Parts
Mechanical parts of the Delta® toilet are warranted to the original consumer purchaser to be free from defects in material and workmanship for one (1) year from the date of purchase.
Electronic Parts and Batteries (if applicable)
Electronic parts (other than batteries), if any, of this Delta® toilet are warranted to the original consumer purchaser to be free from defects in material and workmanship for five (5) years from the date of purchase or, for commercial users, for one (1) year from the date of purchase. No warranty is provided on batteries.
Toilet Seats
Toilet seats of the Delta® toilet are warranted to the original consumer purchaser to be free from defects in material and workmanship for one (1) year from the date of purchase. Toilet seats of the Delta® toilet are not designed or intended for commercial use; therefore, no warranty is given on the toilet seat if used for commercial purposes.
What We Will Do
Delta Faucet Company will repair or replace, free of charge, during the applicable warranty period, any part that proves defective in material and/or workmanship under normal installation, use and service. If repair or replacement is not practical, Delta Faucet Company may elect to refund the purchase price in exchange for the return of the product. These are your exclusive remedies.
What Is Not Covered
Any labor charges incurred by the purchaser to repair, replace, install or remove this product are not covered by this warranty. Delta Faucet Company shall not be liable for any damage to the product resulting from reasonable wear and tear, misuse, abuse, neglect or improper or incorrectly performed installation, maintenance or repair, including failure to follow the applicable care and cleaning instructions. Delta Faucet Company recommends using a professional plumber for all installation and repair. We also recommend that you use only genuine Delta® replacement parts.
What You Must Do To Obtain Warranty Service or Replacement Parts
A warranty claim may be made and replacement parts may be obtained by calling 1‑855‑345-1345 or by writing to:
In the United States and Mexico:
Delta Faucet Company
Product Service
55 E. 111th Street
Indianapolis, IN 46280
Contact Form
In Canada:
Masco Canada Limited, Plumbing Group
Technical Service Centre
350 South Edgeware Road
St. Thomas, Ontario, Canada N5P 4L1
Contact Form
Proof of purchase (original sales receipt) from the original purchaser must be made available to Delta Faucet Company for all warranty claims unless the purchaser has registered the product with Delta Faucet Company. This warranty applies only to Delta® toilets installed in the United States of America, Canada and Mexico.
DO NOT USE IN-TANK BOWL CLEANERS. Products containing chlorine or chlorine-related products can seriously damage fittings in the tank, which can cause leakage and property damage. Delta Faucet Company shall not be responsible or liable for any tank fitting failure or damage caused by the use of in-tank bowl cleaners.
Limitation on Duration of Implied Warranties. TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE STATUTORY PERIOD OR THE DURATION OF THIS WARRANTY, WHICHEVER IS SHORTER. Some states/provinces do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you.
Limitation of Special, Incidental or Consequential Damages. DELTA FAUCET COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LABOR CHARGES TO REPAIR, REPLACE, INSTALL OR REMOVE THIS PRODUCT), WHETHER ARISING OUT OF BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, TORT, OR OTHERWISE. DELTA FAUCET COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGE TO THE TOILET RESULTING FROM REASONABLE WEAR AND TEAR, MISUSE, ABUSE, NEGLECT OR IMPROPER OR INCORRECTLY PERFORMED INSTALLATION, MAINTENANCE OR REPAIR, INCLUDING FAILURE TO FOLLOW THE APPLICABLE INSTALLATION, CARE AND CLEANING INSTRUCTIONS. Some states/provinces do not allow the exclusion or limitation of special, incidental or consequential damages, so these limitations and exclusions may not apply to you.
Additional Rights
This warranty gives you special legal rights, and you may also have other rights which vary from state/province to state/province.
This is Delta Faucet Company's exclusive written warranty and the warranty is not transferable.
If you have any questions or concerns regarding technical support, installation or our warranty, please call, mail or email us as provided above or visit our website at www.deltatoilet.com or www.deltafaucet.com/customersupport/faq.
LIMITED WARRANTY ON DELTA® CUSTOM REFLECTIONS
Liberty Hardware Mfg. Corp. (“Liberty Hardware”) warrants to the original consumer purchaser that our Liberty Hardware and Delta® bathroom accessories are warranted to be free of defects in material and workmanship for one (1) year from date of purchase. Liberty Hardware will, at its election, repair, replace or make appropriate adjustment where Liberty Hardware determines that such defect occurred during normal usage within the warranty period.
LIBERTY HARDWARE IS NOT RESPONSIBLE FOR REMOVAL, INSTALLATION COSTS, OR INCIDENTAL OR CONSEQUENTIAL LOSSES. LABOR CHARGES AND/OR DAMAGE INCURRED IN INSTALLATION, REPAIR, OR REPLACEMENT OF THE PRODUCT, AS WELL AS ANY OTHER KIND OF LOSS OR DAMAGE, ARE EXCLUDED. Some states and some provinces do not allow the exclusion or the limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty is not transferable.
This warranty does not cover damage or defects relating to misuse, abuse, negligence, normal wear and tear, accident, acts of God, repairs or alterations not authorized by Liberty Hardware, or improper installation, storage or handling.
To obtain warranty service, contact Liberty Hardware either through your Dealer, Plumbing Contractor, Home Center, or by writing Liberty Hardware, Attn.: Customer Solutions, 140 Business Park Drive, Winston-Salem, NC 27107, USA, or by calling 1-800-635-2731 from within the USA or by e-mailing at customersolutions@deltamirrors.com. Proof of purchase (original sales receipt) from the original consumer purchaser must be made available to Liberty Hardware for all warranty claims.
DISCLAIMER: IMPLIED WARRANTIES INCLUDING THAT OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY LIMITED TO THE DURATION OF THIS WARRANTY. Some states and some provinces do not allow limitations on how long an implied warranty lasts, so above limitations or exclusions 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 and from province to province.
To register your Delta® Custom ReflectionsTM mirror purchase, go to deltamirrors.com.
LIMITED WARRANTY ON DELTA® LIGHTING FIXTURES
Kichler Lighting LLC warrants its light fixtures to the original consumer purchaser to be free from defects in material and workmanship for the applicable period specified below:
Kichler® Light Fixtures
One (1) year from the date of purchase by the original consumer purchaser.
Kichler® Light Fixtures with LED Light Engines and Electrical Components
One (1) year from the date of purchase by the original consumer purchaser on the Light Engine and all
other electrical components.
Kichler® Light Fixtures with Energy Star® Label
Three (3) years from date of purchase if purchased after April 1, 2012.
Two (2) years from the date of purchase if purchased prior to April 1, 2012.
What We Will Do
Kichler Lighting LLC will repair or replace, free of charge, during the applicable warranty period (as described above), any light fixture that proves defective in material and/or workmanship under normal installation, use and service. If repair or replacement is not practical, Kichler Lighting LLC may elect to refund the purchase price in exchange for the return of the product. These are your exclusive remedies.
What Is Not Covered
Polished brass product finishes and non‐LED light bulbs carry no warranty. Any labor charges incurred by the original consumer purchaser to repair or replace this product are not covered by this warranty. Kichler Lighting LLC shall not be liable for any damage to the product resulting from reasonable wear and tear, voltage overload, outdoor use (where the annual average ambient temperature is below 27° or above 95° Fahrenheit), misuse (including use of the product for an unintended application), abuse, neglect or improper or incorrectly performed installation, maintenance or repair, including failure to follow the applicable care and cleaning instructions. Kichler Lighting LLC recommends using a professional electrician for all installation and repair of light fixtures. We also recommend that you use only genuine Kichler® replacement parts.
What You Must Do to Obtain Warranty Service or Replacement Parts
A warranty claim may be made, and replacement parts may be obtained by contacting the distributor from whom you purchased the light fixture. If the distributor is not available, please call (800) 554‐6504 or contact us by mail as follows (please include your model number and date of purchase):
Kichler Lighting LLC
88 Long Hill Street
East Hartford, CT 06108‐1460
Proof of purchase (original sales receipt) from the original purchaser must be made available to Kichler Lighting LLC for all warranty claims.
Limitation on Duration of Implied Warranties
TO THE EXTENT PERMITTED BY LAW, ANY IMPLIED WARRANTY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE, IS LIMITED TO THE STATUTORY PERIOD OR THE DURATION OF THIS WARRANTY, WHICHEVER IS SHORTER. Some states/provinces do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Limitation of Special, Incidental or Consequential Damages
KICHLER LIGHTING LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LABOR CHARGES TO REPAIR, REPLACE, INSTALL OR REMOVE THIS PRODUCT), WHETHER ARISING OUT OF BREACH OF ANY EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, TORT, OR OTHERWISE. KICHLER LIGHTING LLC SHALL NOT BE LIABLE FOR ANY DAMAGE TO THE PRODUCT RESULTING FROM REASONABLE WEAR AND TEAR, OVERLOAD, OUTDOOR USE (WHERE THE ANNUAL AMBIENT TERMPERATURE IS BELOW 27° OR ABOVE 95° FAHRENHEIT), MISUSE (INCLUDING USE OF THE PRODUCT FOR AN UNINTENDED APPLICATION), ABUSE, NEGLECT OR IMPROPER OR INCORRECTLY PERFORMED INSTALLATION, MAINTENANCE OR REPAIR, INCLUDING FAILURE TO FOLLOW THE APPLICABLE INSTALLATION, CARE AND CLEANING INSTRUCTIONS. Some states/provinces do not allow the exclusion or limitation of special, incidental or consequential damages, so the above limitations and exclusions may not apply to you. Notice to residents of the State of New Jersey: The provisions of this warranty, including its limitations, are intended to apply to the fullest extent permitted by the laws of the State of New Jersey.
Additional Rights
This warranty gives you specific legal rights, and you may also have other rights which vary from state/province to state/province.
This is Kichler Lighting LLC's exclusive written warranty and the warranty is not transferable.
PROGRESS LIGHTING LIMITED WARRANTY
Limited Warranty (“Warranty”): Subject to the exclusions set forth below, Progress Lighting, Inc. (“Progress”) warrants that (i) all Progress manufactured products (“Products”) will be free from defects in material and workmanship which cause the Products to fail to operate in accordance with the specifications set forth in the documentation published or provided with the Products (the “Specifications”) for a period of one (1) year from the date of shipment (“Non-LED Warranty Period”) and (ii) all Progress light emitting diode (“LED”) Products, will be free from defects in material and workmanship which cause the Products to fail to operate in accordance with the Specifications for a period of five (5) years from the date of shipment (“LED Warranty Period”). For purposes of this Warranty, references to “Warranty Period” shall refer to either the Non-LED Warranty Period or the LED Warranty Period, depending on the type of Product purchased by the End User. Progress warrants that any standard finish on a Product (other than Homestyle branded Products) will be free from cracking, peeling, excessive fading, and corrosion defects during the applicable Warranty Period. Extended warranties for Progress fan motors and Energy Star® Products may apply; please refer to Progress Product manuals for more information. For LED Products, the LED arrays in the Products will be considered defective in material or workmanship only if a total of 15% or more of the individual LEDs in the Products fail to illuminate.
Exclusions: This Warranty applies only when the Products have been properly handled, stored, wired, transported, installed, operated and maintained in accordance with the applicable Specifications, including, without limitation, installation in applications in which ambient temperatures are within the range of specified operating temperatures and operation within the electrical values shown on the Specifications. Progress shall have no responsibility under this Warranty for any failure of the Products that results from external causes including without limitation: acts of nature; physical damage; exposure to adverse or hazardous chemicals or other substances; use of reactive cleaning agents and/or harsh chemicals to clean the Products; environmental conditions; vandalism; fire; power failure, improper power supply, power surges or dips, and/or excessive switching; fatigue failure or similar phenomena resulting from induced vibrations, harmonic oscillation or resonance associated with movement of air currents around the Product; animal or insect activity; fault or negligence of the purchaser of the Products, any end user of the Products and/or any third parties not engaged by Progress, 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, use of Products with products, processes or materials supplied by the purchaser of the Products, any end user or third parties, or any other occurrences beyond Progress’s reasonable control. In addition, Progress shall have no responsibility 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 Products. During the Warranty Period some staining, chalking or fading may occur. This is normal aging of the finish and is not a manufacturing defect; therefore it is not covered by 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. If the Products are used on existing foundations, anchorages or structures, the purchaser of the Products and/or any 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 (as determined by Progress in its sole discretion) of operating history, maintenance, and/or testing must be kept by the end user and provided to Progress upon request to substantiate that the Products have failed to comply with the terms of this Warranty. The Products are not warranted against costs that may be incurred in connection with changes or modifications to the Products required to accommodate site conditions and/or faulty building construction or design. In addition, the Products are not warranted against cost resulting from installation of third party components, failures of third party supplied components, or failures of Progress supplied Products caused by third party supplied components. This Warranty is not applicable to any product(s) which are not installed and operated in accordance with the current edition of The National Electric Code (NEC), the Standards for Safety of Underwriters’ Laboratory, Inc. (UL), or the standards for the American National Standards Institute (ANSI), and with Progress instructions and guidelines for the Product. THIS WARRANTY IS VOID WITH RESPECT TO ANY PRODUCT IF THE PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH IT WAS DESIGNED OR IF ANY REPAIRS OR ALTERATIONS ARE MADE BY ANY PERSON NOT AUTHORIZED BY PROGRESS IN WRITING.
Except as otherwise set forth herein, Progress does not warrant ballasts, battery packs, lamps, photocells, occupancy sensors, low voltage indicators, fuses, surge suppressors, surge protection devices, high intensity discharge (“HID”) components and other third party devices that are not manufactured by Progress, which are covered by the applicable third party manufacturer warranty (if any). Such third party manufacturer shall be solely responsible for the costs related to any claims associated with any such devices. Warping of wooden or plastic blades is not covered by this Warranty. Metal finishes on Homestyle brand outdoor Products are not covered by this Warranty.
Remedy: If the Product(s) fail to comply with the terms of this Warranty and the end user (and the purchaser of the Product(s) if different from the end user) has fully complied with all of the obligations under this Warranty and the Terms and Conditions of Sale for Progress (which are available at www.hubbelllighting.com/terms_and_conditions) including, without limitation, payment in full in respect of the Products, Progress, at its sole option, will repair or replace the Product(s) with the same or a functionally equivalent Product(s) or component part(s). Specifically, Progress will repair the Product, replace with a similar or like Product (as determined by Progress in its sole discretion), or issue a credit to the purchaser which may be used for future Progress product purchases. (The amount of such credit shall be calculated by Progress at its sole discretion). Progress reserves the right to use new, reconditioned, refurbished, repaired or remanufactured products or parts in the repair or replacement of any Product covered by this Warranty. This Warranty excludes any and all removal or reinstallation costs and expenses including, without limitation, labor and equipment required to remove and/or reinstall original or replacement Product(s) or parts, shipping costs to return nonconforming Products(s) or any damage that may occur during the return of any Product(s) to Progress. This Warranty only extends to the Products as delivered to, and is for the sole and exclusive benefit of, the end user of the Products at the original location. Progress reserves the right to use new, reconditioned, refurbished, repaired or remanufactured products or parts in the repair or replacement of any Product covered by this Warranty. This Warranty may not be transferred or assigned by the end user. The repair, issuing of future purchase credit or replacement of any Products or component part within the Products is the sole and exclusive remedy for failure of the Products to comply with the terms of this Warranty and does not extend the Warranty period. Warranty claims regarding Products must be submitted in writing within thirty (30) days of discovery of the defect or failure to an authorized Progress customer service representative. Products or component parts may be required to be returned for inspection and verification of non-conformance by Progress, but no Products or component parts will be accepted for inspection, verification or return unless accompanied by a completed return materials authorization form which can be obtained only from an authorized Progress customer service representative. Progress is not responsible for any costs and expenses incurred in connection with the shipment of Products to Progress, but Progress shall bear all cost and expense incurred in connection with the shipment of replacement Products to the end user.
NO OTHER WARRANTIES: THE FOREGOING WARRANTY TERMS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND PROGRESS EXPRESSLY DISCLAIMS ANY AND 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 ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PROGRESS OR ANY EMPLOYEEE, AGENT, DISTRIBUTOR OR OTHER SUPPLIER OF PROGRESS PRODUCTS SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THE WARRANTY. NO EMPLOYEE, AGENT, DISTRIBUTOR OR OTHER SUPPLIER OF PROGRESS PRODUCTS HAS THE AUTHORITY TO MODIFY OR AMEND THIS WARRANTY WITHOUT EXPRESS WRITTEN AUTHORIZATION FROM PROGRESS.
LIMITATION OF LIABILITY: IN NO EVENT SHALL PROGRESS’S TOTAL LIABILITY IN RESPECT OF ANY AND ALL CLAIMS OF ANY KIND WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH, OR RESULTING FROM PROGRESS’S PERFORMANCE OR BREACH OF THIS WARRANTY, OR FROM PROGRESS’S SALE, DELIVERY, RESALE, REPAIR, OR REPLACEMENT OF ANY PRODUCT(S) OR THE FURNISHING OF ANY SERVICE, EXCEED THE PURCHASE PRICE ALLOCABLE TO THE PRODUCT(S) THAT GIVE RISE TO THE CLAIM, AND ANY AND ALL SUCH LIABILITY SHALL TERMINATE UPON THE EXPIRATION OF THE WARRANTY PERIOD. IN NO EVENT SHALL PROGRESS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, MULTIPLE OR PUNITIVE DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER AS THE RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, INCLUDING WITHOUT LIMITATION LABOR OR EQUIPMENT REQUIRED TO REMOVE AND/OR REINSTALL ORIGINAL OR REPLACEMENT PARTS, LOSS OF TIME, PROFITS OR REVENUES, LACK OR LOSS OF PRODUCTIVITY, LOSS OF USE OF THE PRODUCT(S) OR ANY ASSOCIATED EQUIPMENT, INTEREST CHARGES OR COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES, SYSTEMS, SERVICES OR DOWNTIME COSTS, DAMAGE TO OR LOSS OF PROPERTY OR EQUIPMENT, ANY INCONVENIENCE, COST OR DAMAGE ARISING OUT OF ANY DELAY IN PERFORMING, FAILURE TO PERFORM OR OTHER BREACH OF THE FOREGOING WARRANTY OR OBLIGATIONS UNDER SUCH WARRANTY, OR CLAIMS OF THIRD PARTIES AGAINST THE PURCHASER OF THE PRODUCTS OR THE END USER, ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, USE OF, INABILITY TO USE, OR THE REPAIR OR REPLACEMENT OF THE PRODUCTS.
Right to Modify or Discontinue Warranty: This Warranty is effective for the purchases of Products on or after the effective date set forth herein and is in consideration of and is expressly subject to and conditioned by the terms set forth herein. Progress 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 Products purchased after such modification or discontinuance.
Effective February 15, 2017