Warranty

Warranty Policy

This Standard Warranty, outlines the standard terms and conditions on warranty for the sale by Beamever of the LED Products, (for the purpose of this Standard Warranty all referred to as “Products”). Only the purchaser that has purchased Products directly from Beamever (hereinafter referred to as the “Customer”) can derive any rights from this Standard Warranty.

This Standard Warranty applies only for LED Products purchased on or after Jan 1, 2020. Unless otherwise specified herein, any term or expression defined or used in Terms and Conditions and relating to this Standard Warranty shall have (in the interpretation of Terms and Conditions) the same meanings as used herein. In all other respects, Terms and Conditions remain unchanged and are in full force and effect. In the event of conflict between this Standard Warranty and Terms and Conditions in relation to the Products, this Standard Warranty will prevail.

1. Subject to the Terms and Conditions and this Standard Warranty (including exclusions, limitations and conditions stated therein), Beamever warrants to Customer that Products will be free from Defects for the limited warranty period(s) specified below in Table 1 (“Warranty Period”). For the purpose of this Standard Warranty, a “Defect” (or “Defective Product”) means that a Product has a defect in material or workmanship which causes the Product to fail to operate in accordance with the specifications provided by Beamever, with consideration given to the overall performance of the Product.

2. Unless confirmed otherwise by Beamever, the Warranty Period starts on the date of delivery of the Product. Beamever will have no obligations under this Standard Warranty if Customer is in breach of Customer’s payment obligations under Terms and Conditions.

3. In order to be entitled to make a valid claim under warranty, Customer shall promptly notify Beamever, in writing of any alleged Defective Product prior to expiration of the Warranty Period for such Product. Further, the obligations of Beamever under this Standard Warranty are subject to the following conditions:

3.1. Customer shall keep proof of purchase for the Product available for inspection;

3.2. Customer shall make claims under this Standard Warranty to Beamever promptly and not later than thirty (30) days after discovery, and make available to Beamever (or representatives) adequate records of operating history for the Product, at minimum the following information:

3.2.1.  name and/or type number of the Product;

3.2.2. details of the (alleged) Defect, including the number and percentage of failures, and date-code of failure, as applicable;

3.2.3. the invoice date and, if performed by Beamever, the installation date of the Product; and

3.2.4. details of application, location, actual burning hours and number of switching cycles.

3.3. Customer shall give a Beamever representative on-site access to the Product for which Customer invokes this Standard Warranty, and, on request, send any alleged Defective Product to Beamever for analysis.

3.4. Any lawsuit relative to any claims under warranty must be filed within one (1) year of the date of the notification of the claim.

4. The obligations of Beamever under warranty will be limited, at the option of Beamever, to within a reasonable time, either repair or provide a replacement product for the Defective Product, or to an appropriate credit for the purchase price thereof. Repairs, replacements or remedies will not extend or renew the applicable Warranty Period. Beamever is entitled at its option to replace the Defective Product(s) covered by warranty with a product that has minor deviations in design and/ or specifications which do not affect the functionality of the Product. Beamever may charge Customer for the reasonable costs incurred by Beamever in relation to an alleged Defect or returned Product(s) that are found not to be a Defect, including for reasonable freight, testing and handling costs.

5. Beamever does not provide any warranty for any other products, including third party products and products not marked with the BEAMEVER trademark or with other trademarks owned by Beamever. In respect of software, Beamever does not provide any warranty for any software that is not embedded in or delivered with any Products by Beamever, even if Beamever refers to third party software in its Documentation. The Warranty Period for customized or non-standard Products is one (1) year. Beamever does not provide any warranty related to any Defect arising from designs, instructions or specifications supplied by Customer to Beamever.

6. Beamever will have no obligations under this Standard Warranty if the alleged Defect is found to have occurred as a result of any of the following:

9. Any Force Majeure events. “Force Majeure” means any circumstances or occurrences beyond the reasonable control of Beamever, whether or not foreseeable at the time of concluding the agreement for the sale of the Products, as a result of which Beamever cannot reasonably perform or execute its obligations, including, without limitation, acts of God, natural catastrophes including earthquake, lightning, hurricane, typhoon, flooding or volcanic activities or extreme weather conditions, strikes, lock-outs, war, terrorism, political situation, civil unrest, riots, sabotage, vandalism, industry-wide shortages, breakdown of plant or machinery, fault or loss of electricity supply, cyber-attacks and hacking or non-performance by suppliers of Beamever or by other third parties on which services rely (including connectivity and communication services);

10. Customer acknowledges that the purchase price for the Product(s) is based on and reflects a proper allocation of risks and obligations of the parties related to warranty.

11. Beamever warrants that each Product will be free from defects in material and workmanship. The foregoing warranty shall be valid for the period mentioned in the applicable warranty policy for the Products referred to in your sales agreement. If a Product fails to operate in accordance with this warranty Beamever will provide a free replacement of the failed Product subject to the applicable warranty policy and the limited warranty terms and conditions set out below.

12. Beamever’ warranty flows only to Purchaser. If any Product covered by this warranty is returned by Purchaser in accordance with section 3 and within the applicable warranty period set out in the warranty policy and on examination Beamever determines to its satisfaction that such Product failed to satisfy this warranty, Beamever will, at its option, repair or replace the Product or the defective part thereof, or reimburse Purchaser the purchase price. For purposes of clarity, ‘repair or replace the Product or the defective part thereof’ does not include any removal or reinstallation activities, costs or expenses, including without limitation, labour costs or expenses.

13. If Beamever chooses to replace the Product and is not able to do so because it has been discontinued or is not available, Beamever may refund the purchaser or replace the product with a comparable product (that can show small deviations in design and product specification).

14. This warranty shall be void in the event any repairs or alterations, not duly authorized by Beamever in writing, are made to the Product by any person. The manufacturing date of the product has to be clearly readable. Beamever reserves the right to make the final decision on the validity of any warranty claim.

15. If requested by Beamever, the non-conforming or defective Products shall become Beamever’ property as soon as they have been replaced.