WARRANTY

Nexus Light Drive , LLC d/b/a Affineon Lighting ("AFFINEON") warrants to the original owner or retail customer ("Customer") that during the warranty period defined below, AFFINEON will repair or replace its products that are defective in materials or workmanship under normal use and service, subject to the terms of this limited warranty. The warranty period shall begin on the date of shipment. The controlling warranty, terms and conditions, and product warranty periods are available at the time of order acknowledgment, either by hard copy or by internet link. Warranty is limited to five (5) years from date of shipment.

This Warranty does not cover any product or part of a product damaged by or subject to accident, negligence, alteration, abuse or misuse, or any accessories or parts not supplied by AFFINEON. This Warranty shall not apply to any damage to any product or part of a product caused by or due to an act of God, any catastrophe resulting from earthquake, fire, flood, explosion or any other cause beyond the control of AFFINEON. Freight terms on warranty repairs are FOB AFFINEON factory or designated repair facility. Collect shipments or freight allowances will not be accepted.

AFFINEON's sole responsibility under this warranty shall be to repair or replace at AFFINEON's option such parts as shall be determined to be defective at AFFINEON's sole discretion. Such repairs may be performed with re-worked or refurbished parts. In the event a product is obsolete or no longer deemed serviceable or replaceable, AFFINEON may pro-rate the product value toward the purchase of a replacement product. In such case AFFINEON will notify the customer of said determination, prorated value and cost of replacement product. On notification, the customer must elect to purchase said replacement product less prorated value or instruct AFFINEON to return the defective product without further action within 30 days from date of notice. Failure to notify AFFINEON of disposition of the product may result in AFFINEON disposing of the defective product without further liability. Such repairs may be performed with re-worked or refurbished parts. AFFINEON will not assume any responsibility for any labor expended or materials used to repair any equipment without AFFINEON's prior written authorization. AFFINEON SHALL NOT BE RESPONSIBLE FOR ANY INCIDENTAL, GENERAL OR CONSEQUENTIAL DAMAGES, DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF USE, TIME, PROFITS OR INCOME, OR ANY OTHER DAMAGES.

The Customer's obligations during the warranty period under this warranty are to notify AFFINEON within one week of any suspected defect and to return the goods prepaid to AFFINEON at AFFINEON's factory or authorized service center. The one week notice period does not apply to claims for shortage or damaged goods.

THIS WARRANTY IS CONTINGENT ON THE CUSTOMER'S FULL AND TIMELY COMPLIANCE WITH THE TERMS OF PAYMENT SET FORTH IN THE "TERMS AND CONDITIONS." THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY AND ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND OF OTHER OBLIGATIONS AND LIABILITIES ON AFFINEON's PART. THE CUSTOMER ACKNOWLEDGES THAT NO OTHER REPRESENTATIONS WERE MADE TO CUSTOMER OR RELIED UPON BY CUSTOMER WITH RESPECT TO THE QUALITY AND FUNCTION OF THE GOODS SOLD.

This written warranty is intended as a complete and exclusive statement of the terms thereof. Prior dealings or trade usage shall not be relevant to modify, explain or vary this warranty. Acceptance of, or acquiescing in, a course of performance under this warranty shall not modify the meaning of this warranty even though either party has knowledge of the performance and a chance to object.