SPA Warranty
1. This Standard Warranty shall apply to any lighting product with LED technology ("Product"), supplied by the company Cree Lighting Europe Spa ("Seller"), in favor of the original purchaser ("Buyer"); the Warranty will commence from the invoice date.
2. This warranty is non-transferable, except as expressly provided in the paragraph that follows.
3. Buyer who is Seller’s Authorized Supplier may transfer (directly or indirectly, through a contractor) his rights resulting from this warranty to the purchaser who is the End user of the Product, when Product is resold by the same Supplier in new condition and in its original packaging. In the latter case, the warranty period starts from the date of purchase made by the original end user. The warranty may only be transferred by the original Buyer to the end user where products keep their original location.
4. For the purposes of this Standard Warranty, "Defect" (or "Defective Product") means a Product that has a defect/lack of conformity in material or workmanship that compromises structural / mechanical safety or causes failure per the technical specifications provided by the Seller
5. Seller warrants that:
a. all parts of the Product will be free of defects in materials and workmanship for the warranty period specified in the Warranty Terms Table (“Table”).
b. each optional or accessory item for which a warranty period which differs from the Product is provided in the Table will be free from defects in materials and workmanship for the specified warranty period.
c. each optional item for which a warranty period is not provided for in the Table will be covered by the conventional - legal - warranty of one (1) year.
d. in the case the Product is covered by a ten-year warranty (10 years), drivers present in the Product will be guaranteed until the occurrence of the first of the following cases:
i. TEN (10) years from the date of the original purchase by the Buyer.
ii. fifty thousand (50,000) operation hours understood as power supply of the LED module. To determine the operation hours of the LED drivers, Seller will have the right to make reasonable assumptions as regards the operating hours, based on industry standards and the actual application of the Product.
e. Products are made through production processes that guarantee a high-quality level in terms of resistance to corrosion, abrasion, flaking and color stability. Regarding the painting, the Seller guarantees that:
i. these Products are covered by the warranty only on condition that any defects in the painting compromise their structural / mechanical safety and that they are exclusively attributable to defects in the manufacturing process of the Product.
ii. In case of custom colors, Seller guarantees the painting for one (1) year from the date of the original purchase by the Buyer.
iii. Warranty does not cover painting defects not resulting from defects in the manufacturing process of the Product caused by improper handling, contact with the ground, chemicals or with water containing corrosive agents and stray electric currents.
6. The determination of whether any Products or components are defective shall be made exclusively by the Seller, at its sole discretion, with consideration given to the overall performance of the Product as compared to the expected performance per the applicable Technical Specifications Sheet.
7. The warranty on the defective Product will amount to the repair or replacement of the parts which, at the Seller’s sole discretion, are affected by lack of conformity. If the defective Product should reveal defects covered by this warranty, the sole obligation of Seller, and the sole remedy of Buyer and/or anyone claiming through the Buyer, is for the Seller to:
a. repair the Product or its components
b. or, at Seller discretion, to supply replacements of the defective components
c. or to replace the Product based on prorated value
d. or offering a prorated credit to its value to purchase a replacement product. The prorated value is the initial purchase price proportionally reduced for each year of service. From year two, the annual percentage of reduction is calculated as the "100%"/ Warranty term expressed in "years" ratio.
8. Seller shall supply spare parts for the entire duration of warranty period. If the defective Product or its components are out of production or are no longer available for any other reason, the Seller may suggest, at its sole discretion, the replacement with an equivalent or better component or product in terms of energy and lighting performance, compatibly with the technological progress.
9. Seller reserves the right to use new, reconditioned, refurbished, repaired or regenerated Products or parts in the warranty repair or replacement process. Such Products and parts will be comparable in terms of functionality and performance to the Products and new parts, as determined by the Seller in its sole discretion, and warranted for the remainder of the original warranty period.
10. This warranty applies if:
a. Product is used in compliance with the use specifications indicated by the Seller (technical specifications), the legal provisions and regulatory requirements.
b. Product is installed in accordance with the installation instructions attached to the Product and the applicable current codes and by technical personnel qualified for such operations.
c. no modifications or operations of any kind are made on the Product without the written authorization of the Seller.
d. The defective Product is kept by the Buyer in the state in which it is found for all the time necessary to allow the Seller to carry out the necessary checks to identify the cause of the failure.
e. Buyer provides to the Seller proof of purchase (purchase contract, invoice).
f. Buyer has duly paid for the Product in accordance with the payment conditions agreed in the sales contract.
g. the Buyer (i) has examined the Products or caused them to be examined within a short period as is practicable in the circumstances after the Products have arrived at their destination and (ii) has given notice to the Seller in writing or by email using the appropriate form on the website under warranty section, specifying the nature of the defect/ lack of conformity Buyer
no later than 30 (thirty) days after Buyer has discovered or ought to have discovered the defect / lack of conformity ,and (iii) has provided proof of purchase (purchase contract or the invoice) and (iv) has complied with other warranty requirements as requested by the Seller. Seller may require the Product to be returned to Seller or its authorized service provider, freight prepaid.
11. This warranty does not cover:
a. Additional charges that arise because of the repair of the defective Product (by way of example but not limited, costs for removal and installation of the Product, storage costs of the defective Product, transport of the defective and repaired Product, disposal, labor, rental costs and / or use of lifting devices, scaffolding), these costs remain the responsibility of the Buyer.
b. Loss or damage to the Product caused by transport, negligence, abuse, improper or incorrect use, mishandling, improper installation, storage or maintenance.
c. Damage due to a casualty event or caused by Acts of God (by way of example but not limited to, vandalism, civil disturbances, accidents).
d. Damage resulting from exceeding the limits provided on the Product or packaging labels, on the instruction sheet or, failing that, by the EN 60598, EN 61000 and EN 61547 standards regarding: overvoltage, electrical current fluctuations, including harmonic oscillations and transients fast, electrostatic discharges, injected currents, presence of radio frequency electromagnetic fields, mains frequency magnetic fields, voltage pulses, voltage dips and short interruptions, induced mechanical vibrations, harmonic oscillations and resonance associated with movements of air circulating around the Product, temperature, presence of water, presence of sand or dust, wind, formation of condensation, or any other environmental, mechanical, electrical or thermal condition not expressly permitted.
e. Damage caused by the presence of aggressive atmospheres (including, without limitation, excessive salt water in coastal locations) or by contact with chemicals.
f. Defects/lack of conformity deriving from a modified Product or a Product previously repaired by parties other than the Seller or its authorized Service Providers or any personnel not authorized in writing by the Seller.
g. Damage to equipment and objects of various kinds deriving from the malfunctioning of the Product.
h. Charges for periodic checks, maintenance, repairs or replacement of parts subject to deterioration.
i. Usual performance depreciation of LED sources, except that failure of inoperable individual LED components is more than 10% of total LED components in the Product.
j. Usual chromatic variation of the LED sources.
12. In relation to all the above, at the Seller’s request, the Buyer shall be responsible for providing suitable evidence of the correct use, correct installation, and maintenance of the Product, as well as regards the environment and the installation context of the same.
13. this warranty does not cover products with different brand companies marketed by the Seller, which remain covered by the original warranty of the different companies (by way of example but not limited to, presence and ambient light sensors and related programming equipment, Zhaga management nodes, Gateways, other Smart City systems or equipment).
14. This warranty is void if the Product is not used for the purpose for which it was designed, or in the event of removal of the Product from the original installation site and moving to a new installation site.
15. The foregoing warranty provisions of this document, read jointly with the General Conditions of Sale, constitute the entire warranty contract and supersede all previous representations or communications (oral or written) to the Buyer regarding the Product. To the maximum extent permitted by the law, such provisions are exclusive and are given and accepted in lieu of any and all other warranties, whether express or implied, and including, without limitation, any warranties against infringement and any implied warranties of merchantability or fitness for a particular purpose for which the Seller expressly rejects any responsibility.
16. In no case shall the Seller be liable for incidental, compensatory, consequential, indirect, special or other damages arising from the purchase, resale, use or disposal of any Product, whether the claim arises under tort law, strict liability, principles of equity or contract. Seller’s aggregate liability with respect to a specific defective Product shall in any case be limited to the original purchase price paid by the Buyer for such Product.
17. Seller reserves the right to modify these warranty conditions at any time and without prior notice, by publishing the new conditions on its website and / or in its catalogues.
18. This Warranty shall be governed by and interpreted in accordance with Italian law, including expressly the CISG (1980 Vienna Convention on Contracts for the International Sale of Goods).
a. For Buyer domiciled in a European Union member State or in an EFTA country:
Jurisdiction
For any controversy or claim (including, without limitation, any claim based on negligence, misrepresentation, strict liability or other basis) arising out of or relating to or connected with this Warranty including those concerning its validity, interpretation, performance and termination, the Courts of Florence, Italy, shall have exclusive jurisdiction; provided however that the Seller, at its sole option, shall have the right to bring proceedings before the Courts in the place of domicile of the Buyer .
b. For Buyer domiciled outside of the European Union and the EFTA:
Arbitration
Any controversy or claim (including, without limitation, any claim based on negligence, misrepresentation, strict liability or other basis) arising out of or relating to or connected with this Warranty including those concerning its validity, interpretation, performance and termination, which involves an amount in excess of 50,000 Euro (exclusive of interest and costs), shall be settled by arbitration in accordance with the Rules of the Chamber of Arbitration of Milan, by a sole arbitrator appointed in accordance with the Rules, which are deemed to be incorporated by reference into this clause. The place of arbitration shall be Milan, Italy. The decision in such arbitration shall be final and binding.
Jurisdiction for claims up to 50.000 Euro - For any such controversy which involves an amount of up to 50,000 Euro (exclusive of interest and costs), the Courts of Florence, Italy, shall have exclusive jurisdiction; provided however that the Seller, at its sole option, shall have the right to bring proceedings before the Courts in the place of domicile of the Buyer.
19. For anything not expressly contained in this warranty, please refer to the General Conditions of Sale.
20. This warranty is valid for purchases made from the validity date shown below: November 1st 2021
21. Warranty Terms Table
Cree Lighting Europe Products
Warranty Term
Serie SYRIUS CL.I, Serie XSPM CL.I, Serie XSP CL.I, Serie XSPW, Serie 304, Serie CPY, Serie LEDWAY CL.I, Serie OSQ CL.I, Serie OSQ-HO CL.I, Serie EDGE HO CL.I, Serie EDGE Pathway CL. I
10 YEARS
Serie SYRIUS CL. II, Serie ENERGY, Serie DOT, Serie URBAN PRO, Serie XSPM CL. II, Serie XSP CL. II, Serie URBAN, Serie Square LED, Serie RKT, Serie LEDWAY CL. II, Serie VSL, Serie CFL, Serie EDGE Pathway CL. II
5 YEARS
Serie CXB, Serie CR
10 YEARS
Serie INDUSTRIA, Serie STELLAR, Serie ITP, Serie IWT, Serie IFP, Serie IDL, Serie LR22
5 YEARS
Optional mounting kits and accessories for installation
1 YEAR
Cree Lighting US Products
Any UL Cree Lighting branded Product marketed by the Seller, including lighting fixture, lamp, pole, optional feature, or accessory, is covered for the period designated in its product technical specification (“Spec Sheet”) published on https://www.creelighting.com/
DATE OF RELEASE: 01/11/2021
LAST REVISION: 01/02/2023
20 Year Warranty supplied on all Street Master and Dot Line.