Standard Warranty Terms
This document describes the limited warranty terms („warranty‟) of NEXO LUCE Srl (NL or we or derivatives).
These are NEXO LUCE‟s standard limited warranty terms covering our brands NEXO LUCE, OXEN LUCE and INLUX ITALIA. These terms shall apply to all products sold by us, a proof of which shall be requested upon any claim(s) regarding defects and issues related to our products‟ operations covered by such warranty.
Our supplied goods and products are warranted under these standard limited conditions. Notwithstanding the foregoing, the standard limited warranty will not apply in the case of misuse, act of vandalism, and/or operation in an inappropriate environment. Any repair or attempt of repair by individuals other than our engineers will void the warranty unless approved by us.
Also, we shall not be liable for special or consequential damages, such as, but not limited to, damage or loss of other property or equipment; loss of profits or revenue; loss of use of power system; cost of purchased or replacement power; or claims of your customers for service interruptions.
Warranty shall not be applicable unless payment of products related invoices are fully settled.
2. Warranty period
Our products are covered by a TWO year limited warranty that may be extended against specific terms and/or additional cost. Warranty period starts running from the moment goods leave the factory.
3. Claim procedure
Warranty claims shall be made initially by email to email@example.com by the “client” (consumer if sold directly to the consumer or by the approved distributor/reseller if sold by the latter) within ONE week from discovering the issue. Our claim form shall be filled and sent along with our invoice with a detailed description of the issue.
Upon initial assessment, if the product appears to fall under our warranty terms, the product shall be requested to be shipped to our factory with the related documents. A technical assessment shall be conducted to ensure that no misuse or wrong operations have affected the product workability and lifetime.
Transportation and shipment is not covered by our warranty and will be handled by the client. Product falling under the warranty terms shall be repaired or replaced. Replacement is at the discretion of NEXO LUCE.
4. Warranty limits
Warranty is against manufacturing defects. Cases of misuse, installation defects, power fluctuation and surge, operation in overheated environments, extreme weather conditions, improper wiring, repair or attempt to repair by unapproved engineers shall nullify this warranty.
Warranty does not cover bulbs, normal wear and tear, and the installation in an environment subject to extreme salty water and the use of any chemicals/fertilisers. The reduction of LED luminosity over time is part of a normal wear and is not covered by this warranty. Any cost of dismantling and/or installation is not covered by the warranty.
5. Product care and miscellaneous
Our outdoor products receive the appropriate treatments for open-air use. However, this cannot resist against extreme conditions, misuse or improper installation and operation environment. All our products indoor/outdoor are tested and controlled thoroughly. Care and precautions are essential to be considered to avoid issues that may affect the warranty, such as:
General Terms of Business
1. Parties, agreements and application
These are the general terms of business ("general terms") of NEXO LUCE. These general terms shall apply to all engagements/contracts/ agreements for the provision of all goods and professional services ("projects") delivered by NEXO LUCE (NL or we or derivatives). Buyer is referred to as “Client”, buyer, purchaser, you or derivatives.
We may, from time to time, issue proposals, offers, contracts, engagement letters or equivalent documents in relation to particular assignments, projects or sales of goods/products in which case those documents shall be deemed, unless they provide otherwise, to incorporate these general terms (as they may have been amended or updated from time to time).
These general terms only create rights enforceable by parties falling within the definitions set out in this section and section 8 and do not create any rights enforceable by any other party ("third parties").
2. Fees and pricing
Where they have not been otherwise set or agreed, our fees and prices will be calculated by reference to the value of the goods/products proposed and the time spent on, the importance, complexity and urgency of, and the value of the knowledge and skills applied in the context of the particular project. Any fees/prices quoted or estimated are exclusive of value added tax (where applicable), government sales or similar taxes and disbursements. Long term agreements may be affected by a price change depending on production cost fluctuations and markets inflations.
Our normal practice is to submit invoices on an agreed schedule of payment with a minimum upfront payment of 50% for all goods and services rendered and disbursements incurred unless specified differently in the contract or specific terms of business. Invoices are payable within 30 days of receipt. In the event that invoices are not paid within that time period we shall be entitled to charge interest for late payment at a rate of 10% per annum on any balances outstanding.
Our deliverables in goods and/or services shall remain our property until payment of related invoices shall be settled in full.
3. Our responsibilities
We shall deliver the projects with all reasonable skill and care and we will use reasonable endeavours to meet any timetable or deadline that we may agree with you. A more detailed description of the goods and services to be delivered in connection with any project may be found in the engagement letter, proposal, quotation, contract or statement of work (if any) issued in relation to that project. Further, depending on availability and/or manufacturing upgrade, we reserve the right to replace any electronic and/or mechanical components during the course of our production without prior notice.
4. Your responsibilities
You will provide us with all necessary documentation and information required in order to enable us to deliver the project. You will also ensure that your staff and any third parties who are otherwise assisting, advising or representing you will co-operate with us in the provision of the services and the completion of any pre-requisites. Any delay or failure to provide documentation, information or co-operation or delivery of pre-requisites may result in our being unable to meet any agreed timetable and in additional work being required.
You confirm that the information provided to us will be accurate and complete and that unless otherwise agreed in writing we may rely upon it without seeking to verify or check it in any way.
Also, within the context of international regulations, you acknowledge that all goods we deliver to you shall be used only for their intended purpose and cannot be re-exported to any internationally listed sanctioned country or territory.
5. Intellectual property rights, skills and know-how
The Intellectual Property Rights in all materials created or otherwise generated by us during the course of providing any services shall remain our property. No report, document or publication produced by us (in whatever form) may be reproduced or distributed, in whole or in part, without our prior written consent although consent is given for any reproduction or distribution that you undertake within your own organisation.
For the purposes of these general terms the term "Intellectual Property Rights" shall mean all patents, trademarks, design rights (whether registerable or otherwise), applications for any of these, copyrights, database rights, trade or business names and other similar rights or obligation whether registerable or not in any country.
You confirm that we are free (subject to complying with any duties in relation to confidentiality) to use any skill, know-how or methodologies used or acquired in providing the services for our own business purposes.
6. Confidentiality and Data Protection
We will treat as confidential all information (whether provided orally, in writing or in any other form) which you provide to us for the purposes of any project.
All reports, advice, opinions, letters or other information provided by us to you are provided solely for your use and for the specific purposes indicated to us or envisaged in any engagement letter or contract or proposals or equivalent document. Except where we agree in writing, they should not be disclosed or provided to any third party. In the absence of our express written agreement to the contrary we accept no responsibility whatsoever for any consequences arising from any third party relying on any such reports, advice, opinions, letters or other information.
The provisions in sections 5 and 6 restricting disclosure of confidential information shall not apply to any information which:
Subject to our complying with our obligations in respect of confidentiality we shall be free to act for clients whose interests compete with or oppose yours without having to first obtain your consent to so doing.
Where we receive personal data and act as a data processor on your behalf we confirm that we will take appropriate technical and organisational measures to protect that personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access. We will only process in accordance with your instructions. We understand that your instructions are to process the personal data in question only for the purposes of delivering goods and services to you or for other reasonable purposes which are ancillary to the delivery of such goods and services.
In relation to any project governed by these general terms, either may terminate that project on notice to the other party in writing. We shall be entitled to be paid in full for all goods and services delivered and/or ordered up to the date of any such termination, and for disbursements incurred. Any abusive replacement of NL and/or abusive termination by the Client shall lead to a penalty calculated based on time and expenses with a minimum of 10% of the agreement value to be paid within a period of 30 days from our notice to you.
The termination of any one project shall not, unless expressly stated to do so, terminate any other project that we may be implementing out for you and shall not operate to affect any provisions that either expressly or by implication survive such termination.
8. Limitation of liability
Our liability is limited to the delivery of goods and/or services as detailed in the related agreement subject to the following provisions:
Unless otherwise specified or defined in a contract or equivalent document, the term "project" shall mean either a discrete piece of standalone advice or the delivery of goods/products, or, where there is a series of connected or linked pieces of advices and goods forming a project or matter, that project or matter as a whole.
9. Staff retention
You shall not offer employment to any member of our team (permanent or associates) who provides services to you; neither shall you use the services of such individual as an independent professional, for a period of 24 months following the end of the involvement by the individual concerned with the services being provided to you. In the event that you breach this provision you agree to pay to us, as a reasonable pre-estimate of the loss that we are likely to suffer, a sum equivalent to 100% of the gross annual income that the concerned individual is estimated to generate for our company.
We shall not be responsible for any failure or delay in the performance of the services and/or the delivery of any projects (goods and/or services), where such failure or delay is caused by matters beyond our control (including but not limited to your failure to comply with the obligations set out in section 4 above) such as delays in the delivery of pre- requisites from your part, and/or due to delays caused by cases of force majeure and/or delays caused by transportation and/or the availability of raw material and semi-finished components.
Our supplied goods and products are warranted under our standard limited warranty conditions, a copy of which will be supplied upon request. Notwithstanding the foregoing, the standard limited warranty will not apply in the case of misuse, act of vandalism, and/or operation in an inappropriate environment.
Also, any repair or attempt of repair by individuals other than our engineers will void the warranty unless approved by us.
We shall not be liable for special or consequential damages, such as, but not limited to, damage or loss of other property or equipment; loss of profits or revenue; loss of use of power system; cost of purchased or replacement power; or claims of your customers for service interruptions. Your remedies set forth herein are exclusive, and our liability with respect to this contract, or anything done in connection therewith such as the performance or breach thereof, or from the manufacture, sale, delivery, resale, installation or technical direction of installation, repair or use of any parts and/or services furnished under this contract whether in contract, tort, under any warranty, strict liability, negligence, or otherwise, shall not exceed the price of the part(s) and/or service(s) which were supplied and on which a claim of liability is based.
Should any of these general terms be declared void, illegal or otherwise unenforceable, the remainder shall survive unaffected.
13. Complaints procedure
We would prefer that you do not take action or commence any proceedings against us without first addressing your complaint to your usual contact, and, in the event that the matter remains unresolved following discussions with that individual, to the Managing Director.
14. Jurisdiction and governing law
These general terms and any engagement letter incorporating these general terms (whether by deemed incorporation or otherwise) shall be governed by and interpreted in accordance with the law of Dubai UAE for agreements made with Nexo Luce DWC LLC or the law of Italy for agreements made with Nexo Luce Srl, and that shall have jurisdiction to settle any dispute (including claims for set-off and counterclaims) which may arise out of or in connection with these general terms or any assignments carried out pursuant to them.