This policy ("Warranty Policy") applies to all sales by [Opple Lighting Co., Ltd and its subsidiaries](“OPPLE”) of OPPLE branded lighting products which OPPLE manufactures (the "Products") to theoriginal purchaser ("Purchaser").
This policy shall only apply to sales of the Products by OPPLE in markets other than China and Europe,but shall apply to Hong Kong, Macao, Taiwan, Russia, Caucasus and Georgia.
OPPLE reserves the right to amend this Warranty Policy from time to time.
2. LIMITED WARRANTY
OPPLE warrants that each Product will be free from defects in material and workmanship ("Limited Warranty") subject to the terms and conditions of this Warranty Policy, including its Appendices, and any other terms and conditions of sale which apply to the sale of such Products to the Purchaser, for such period as specified herein.
Any catalogue, specification or price form or other similar documentation prepared by OPPLE is provided strictly for the convenience of the user and shall not be deemed to constitute an offer to sell. While OPPLE believes such documentation is complete and accurate at the time it is printed, it does not warrant that such documentation is error free. OPPLE disclaims all responsibility for any damage (including, without limitation, the cost of any labour services) caused in connection with any error contained in such documentation including, without limitation, measurements, descriptions and application recommendations.
Products will be shipped in accordance with the standard styles and sizes as described in OPPLE’s catalogues as published from time to time or, in certain circumstances, Products will be made-to-order in accordance with OPPLE’s design and specifications. In the event of a conflict between a Purchaser's written order and an OPPLE design or specification form approved by the Purchaser, regardless of whether or not such approval is provided in writing, the OPPLE design or specification form shall prevail.
4. ERRONEOUS SHIPMENT AND/OR SHORTAGE
The Purchaser shall examine the Products no later than seven (7) days from the date of arrival at their destination ("Arrival Date") and immediately notify OPPLE in writing if any erroneous shipment and/or shortage in quantity of the Products is identified. If the Purchaser does not notify OPPLE in writing within seven (7) days from the Arrival Date of such erroneous shipment and/or shortage, the Products shall be deemed to be accepted by the Purchaser and in full compliance with the order placed by the Purchaser. OPPLE shall within [thirty (30)] days after receipt of such written notification, investigate (such investigation may include, without limitation, OPPLE sending representatives to the location of the Purchaser to inspect such Products, in which circumstance the Purchaser shall provide all reasonable assistance to OPPLE in relation to such inspection) the relevant Products, and notify the Purchaser as to whether OPPLE agrees that such Products are erroneous or there is a shortage in their quantity (an "Erroneous Shipment").
In the event that OPPLE notifies the Purchaser of an Erroneous Shipment, OPPLE shall take such steps as it considers are reasonable in the circumstances (including, without limitation, arranging, with the assistance of the Purchaser, the return of the erroneously shipped Products, and shipment to the Purchaser of the full and correct original order of the Products) to rectify the Erroneous Shipment [and shall assume related costs].
5. WARRANTY PERIOD
During the term of the Limited Warranty (“Warranty Period“), OPPLE or its authorised dealers / distributors guarantee to repair, replace or refund, at OPPLE’s discretion, the Products subject to such Products being used strictly in accordance with the conditions stipulated in the applicable specifications of such Products. The applicable Warranty Period for each Product is set out in Appendix 1 to this
Warranty Policy and shall be equally applicable to the Products sold by OPPLE regardless of whether they are sold directly to its authorised dealers / distributors or directly to customers ("End Customers"). OPPLE and its authorised dealers / distributors shall not be liable for any warranty claim made outside the Warranty Period.
The Warranty Period applicable to the Products sold by OPPLE to its authorised dealers / distributors or directly to the End Customers shall be deemed to commence on the date that is three (3) months from the date on which that Product is manufactured as specified on the labelling of the relevant Product. In respect of any sale to the End Customer, if an End Customer discovers any defect or problem with, or they wish to submit any feedback on, the Products sold to it, it shall contact any of the following persons: (i) an OPPLE customer service representative, (ii) an OPPLE sales representatives, or (iii) a local authorised OPPLE dealer / distributor.
Each authorised OPPLE dealer / distributor shall be liable for any claim under this Limited Warranty made by an End Customer within the region in which they are authorised to sell the Products. Unless otherwise specified herein, the authorised dealers / distributors of OPPLE shall repair, replace, or refund the cost of, the Products only once they have received full details of a claim and they have been able to verify the substance of the claim. The authorised dealers / distributors acting upon the written instructions of OPPLE, shall, at their sole discretion, determine whether or not to repair, replace, or refund the cost of, the Products, or proceed with any reasonable combination thereof, and the End Customer shall be notified accordingly.
This Limited Warranty applies only to the Products themselves and does not cover any loss caused by the Products or costs associated with the repair, replacement, or refund of the cost of, the Products including, without limitation, the costs of freight, labor or any loss of business.
7. CIRCUMSTANCES EXCLUDED FROM THIS LIMITED WARRANTY
OPPLE disclaims all liabilities for any claim by a dealer / distributor or End Customer under this Warranty Policy where any damage is caused (whether to the Product or otherwise) by:the improper use, maintenance or safekeeping by the Purchaser or an End Customer (including, for example, failure to install or use the Products in accordance with the Product specifications or as set out on the OPPLE website including without limitation, connecting wires incorrectly, using the Products with voltage over 250V or a non-rated load, or using the Products in other inappropriate circumstances such as in abnormally high temperatures, wet conditions, or in a corrosive environment);a force majeure event including, without limitation, a strike, lockout, fire, riot, war, act of God, inability to obtain materials, components or supplies, failure or breakdown of manufacturing machinery, production scheduling
delays, government regulations or other conditions;any rust, mildew, defect or damage due to poor storage conditions or improper management;using non-original OPPLE auxiliary products, for example, using OPPLE light source products with other brands of electronic components;disassembling or modifying the Product without authorization;failing to maintain the original purchasing vouchers or valid invoices; orthe Product model in the Product certification or specification being altered such that it is no longer inconsistent with that of the Product under repair.Standard charges will apply to the provision of any services provided by OPPLE or its dealers / distributors for any repair or maintenance required should any of the above circumstances apply.
The Purchaser shall indemnify, defend and hold harmless OPPLE and its officers, directors, agents, employees, affiliates, successors, and assigns from and against all losses, liabilities, costs and expenses arising out of or in connection with any claim by third parties for any loss, damage or injury or death caused or alleged to be caused by: (a) the negligent use, application, or installation of the Products by the Purchaser or its employees, partners and customers to whom the Purchaser sold the Products, contractors, agents or affiliates, (collectively, “Purchaser Parties”); or (b) the modification of the Products or integration of the Products into other products by any of the Purchaser Parties unless authorized in writing by OPPLE. The Purchaser shall not join, settle or otherwise attempt to affect or dispose of any such claim without OPPLE's prior written consent.
All content of this Warranty Policy is owned and copyrighted by OPPLE, and is protected by copyright law and any other applicable laws worldwide. All rights are reserved by OPPLE. Without the express prior written consent of OPPLE, no part of the content may be copied, reproduced, republished, publicly displayed, modified, translated, transmitted, distributed or used in any other form or by any other means. OPPLE reserves the right to take action against any unauthorized, improper or illegal use.
10. PRODUCT SAFETY
[The Purchaser shall comply in full with all industry safety standards applicable to the manufacture, distribution or sale of items incorporating the Products supplied by OPPLE, including but not limited to IEC 60598 /IEC62471/ IEC62493（EMF）/ IEC 61347, published by the International Electrotechnical Commission, and supplemental user and service information (if any) required by the standards, where
applicable.] The Purchaser shall comply in full with all applicable safety-related laws, rules and regulations of any governmental body having jurisdiction to regulate the manufacture, distribution or sale of items incorporating the Products supplied by OPPLE. The Purchaser shall obligate all persons and entities buying such Products from the Purchaser (other than end users) to comply with such industry standards, laws, rules or regulations applicable to such person or entity. The Purchaser shall defend and hold OPPLE harmless against any expense, loss, costs or damages relating to any claimed failure by the Purchaser to comply with such industry standards, laws, rules or regulations or from any bodily injury, illness or property damage resulting from products manufactured by the Purchaser which incorporate the Products supplied by OPPLE.
11. EXTENDED WARRANTY PERIOD
If any of OPPLE’s Purchaser, authorised dealer/distributor or End Customer intends to purchase an Extended Warranty Period for Products, the parties involved shall be discussed in addition based on mutual agreement.
12. APPLICABLE LAWS
The existence, validity, interpretation and implementation of this Warranty Policy shall be governed by the applicable laws of the People's Republic of China (excluding, solely for the purposes of this Warranty Policy, Hong Kong, Macau and Taiwan).
Any dispute, controversy or claim arising in any way out of or in connection with this Warranty Policy, or the breach, termination or invalidity thereof (whether contractual, pre-contractual or non-contractual) (a "Dispute") shall be settled through friendly consultation between duly authorized representatives of each party ("Consultation Process") commencing within ten (10) calendar days of either party notifying the
other of the existence of a Dispute. In the event that the representatives of the parties have not settled the Dispute within thirty (30) calendar days upon either party notifying the other in writing of the Dispute, the Dispute shall be submitted to the China International Economic and Trade Arbitration Commission ("CIETAC") for arbitration which shall be conducted in accordance with the CIETAC Arbitration Rules in effect at the time this Warranty Policy was issued ("Rules"), which Rules are deemed to be incorporated by reference into this Article and as may be amended by the rest of this Article 16. The parties agree that no arbitral proceedings shall be commenced without the completion of the Consultation Process. The arbitral award is final and binding upon both parties. The seat of the arbitration shall be Shanghai.
The arbitration tribunal shall consist of three (3) arbitrators. The claimant shall select one (1) arbitrator and the Respondent shall select one (1) arbitrator. The third arbitrator, who shall be the presiding arbitrator, shall be appointed by the two arbitrators so selected. If either the claimant or the respondent fails to select an arbitrator or the two arbitrators selected by the parties fail to agree on the choice of the third arbitrator, the Chairman of CIETAC shall have the right to appoint such an arbitrator. The third arbitrator shall not be a national of the country of either party. The parties agree that the arbitrators can be selected from outside CIETAC's panel(s) of arbitrators.
The language to be used in the arbitral proceedings shall be English. Nothing in this Article 16 shall be construed as preventing any party from seeking conservatory or interim relief from any court of competent jurisdiction. Any award shall be final and binding upon the parties. The parties undertake to carry out each and every arbitral award without delay.
APPENDIX 1 – DETAILED WARRANTY PERIOD FOR THE PRODUCTS