The following is Hughey and Phillips’ (“H&P”) standard limited warranty for obstruction lighting products (“Products”). This warranty applies unless a different warranty has been specifically agreed to and signed by Hughey and Phillips’ authorized representative.
(a) What Is Covered by the Limited Warranty. Hughey & Phillips, LLC (“H&P”),
warrants, to the original purchaser (“Buyer”) only, that the obstruction lighting products (the “Products”) sold to Buyer (1) comply with applicable H&P drawings and Federal Aviation Administration (“FAA”) specifications and (2) are free from defects in workmanship and material. As used in this Limited Warranty, “Nonconformance” means a defect in workmanship or material, a failure to comply with applicable H&P drawings, or a failure to comply with applicab e FAA specifications. Normal wear and tear (including, but not limited, to incandescent lamp failure) or the need for periodic maintenance shall not constitute a Nonconformance or form the basis for a breach-of-warranty claim.
(b) Duration of the Limited Warranty. The duration of the warranty set forth in paragraph (a) shall be as follows (in each case, the “Warranty Period”):
(1) for non-LED-based obstruction lights and controllers (including FG200xB XR series and FG300xB XR series flash heads when not purchased in a new system or kit consisting of at least a flash head and power supply), software and third- party components), twenty-four (24) months after shipment of the Product or twelve (12) months after date of first use, whichever occurs first;
(2) for LED-based obstruction lights, FG200xB XR series flash heads and FG300xB XR series flash heads when either type of flash head is purchased in a new system or kit consisting of at least a flash head and power supply, five (5) years from the date of shipment of the Product; and
(3) for replacement parts, (i) the remainder of the applicable original Warranty Period set forth in paragraph (b)(1) or (2), or (ii) one hundred twenty (120) days from the date of shipment of the replacement parts, whichever is longer.
The repair of any Product, as hereinafter provided, will not extend the applicable Warranty
(c) Buyer’s Remedies.
(1) If, during the applicable Warranty Period, Buyer discovers a Nonconformance with respect to any Product, Buyer must promptly notify H&P in writing, setting forth in detail the nature of the Nonconformance (“Buyer’s Notice”). H&P shall in no event have any liability under or with respect to this warranty unless Buyer’s Notice is received by H&P within thirty (30) calendar days following the end of the applicable Warranty Period. Within a reasonable time after its receipt of Buyer’s Notice, H&P will correct any Nonconformance in the Product identified in Buyer’s Notice by furnishing new or used replacement parts. If, after a reasonable number of attempts, H&P is unable to repair any Product to conform to the warranty, H&P will provide, at its option and in exchange for the return of such Product, one of the following: (i) a replacement Product or (ii) a full refund of the purchase price. These remedies are Buyer’s exclusive remedies for breach of warranty.
(2) All warranty service will be performed at a warranty service facility designated by H&P following its receipt of Buyer’s Notice. Such warranty service, including parts, labor, and the costs and expenses relative to (i) the shipment of any nonconforming or defective Products to H&P (which shall be in accordance with instructions issued by H&P following its receipt of Buyer’s Notice and shall not exceed normal ground shipping charges) and (ii) the shipment of replacement parts to Buyer, will be at H&P’s expense. All costs and expenses relative to the installation of replacement parts will be at Buyer’s expense. The risk of loss or damage to all Products in transit shall be borne by the party initiating the transportation of such Products.
(3) Any action for breach of warranty must be commenced within one (1) year from the date the cause of action accrues in a state or federal court sitting in the State of Ohio. This Limited Warranty shall be interpreted in accordance with the laws of the State of Ohio, without regard to conflicts-of-laws principles and specifically excluding the provisions of the United Nations Convention on the International Sale of Goods.
(d) What Is Not Covered by the Limited Warranty. H&P shall not be liable under this Limited Warranty for (1) any product, components, or parts not manufactured by H&P (but, to the extent that H&P may lawfully do so, H&P hereby transfers and assigns to Buyer any warranty given to H&P by the manufacturer of such parts), (2) any Nonconformance caused by or attributable to any maintenance, repair, installation, handling, transportation, storage, operation, or use that is improper or that otherwise is not in compliance with H&P’s instructions, (3) any Nonconformance caused by or attributable to any alteration, modification or repair by anyone other than H&P or those specifically authorized in writing by H&P, (4) any Nonconformance caused by or attributable to any accident, contamination, foreign object damage, abuse, neglect, or negligence after delivery to Buyer, (5) any Nonconformance caused by or attributable to any damage precipitated by failure of any H&P-supplied Product not under warranty or by any product not supplied by H&P, (6) damages caused by use of any Products for purposes other than those for which they were designed, (7) damage caused by disasters, such as fire, flood, wind, and lightning, (8) damages caused by unauthorized attachments or modifications, (9) damage during shipment, or (10) any other abuse or misuse by Buyer. Nothing in this paragraph shall be deemed in any way to modify or to broaden the limited warranty set forth in paragraph (a). No expansion of the scope of the warranty set forth in paragraph (a), and no extension of any applicable Warranty Period, shall be binding on H&P unless set forth in writing and signed by an authorized representative of H&P.
(e) Warranty of Title and Against Infringement. In addition to the warranties set forth above, H&P warrants that it is conveying to Buyer good title to the Products, free of encumbrances, and that the Products will be delivered free from the rightful claim of any third person for infringement of any United States or foreign patent. H&P agrees to indemnify, to save harmless, and to defend Buyer from and against any damages or costs (including reasonable attorneys’ fees) that may be rendered against Buyer on account of the alleged infringement of any United States or foreign patent by the Products furnished hereunder, unless made in accordance with materials, designs, or specifications furnished or designated by Buyer, in which case Buyer shall indemnify H&P from and against any judgment for damages and costs (including reasonable attorneys’ fees) that may be rendered against H&P on account of any of the alleged infringement of any United States or foreign patent by the Products furnished hereunder or by such materials, designs, or specifications; provided, however, that (1) prompt written notice be given to the party from whom indemnification is sought of the bringing of the suit and (2) such party be given sole control of the defense and all related settlement negotiations and be rendered by the other party every reasonable assistance in settling or defending the suit. If a claim with respect to which H&P has an indemnity obligation arises, Buyer will allow H&P, at H&P’s option and expense, to procure the right for Buyer to continue using the Products, to replace or to modify the Products, or to grant Buyer a full refund of the purchase price in exchange for the return of the infringing Products.
(f) Limitation of Remedies. The remedies described above are Buyer’s sole and exclusive remedies. Under no circumstances shall H&P be liable for any cost, loss, expense, damages, special damages, incidental damages, or consequential damages arising, directly or indirectly, from Buyer’s purchase, ownership, or use of the Products, whether based upon breach of warranty, breach of contract, negligence, strict tort liability, or any other legal theory. Such excluded damages include, but are not limited to, loss of profits, loss of savings or revenue, loss of use of the Products or any associated property (including damage to, or the destruction of, any personal property or other contents contained in any area secured by any of the Products), costs of capital, costs of any substitute equipment, facilities, or services, downtime, the claims of third persons (including lessees, customers, and invitees), and injury to property. This limitation does not apply to damages caused by breach of the warranties of title and against infringement, as set forth in paragraph (e), above, or to claims for personal injury. The exclusion or limitation of incidental and consequential damages shall be deemed independent of, and shall survive, any failure of the essential purpose of any limited remedy under the terms of this Limited Warranty. Some states prohibit the exclusion or limitation of incidental or consequential damages. In such states, the limits in this paragraph may not apply.
(g) Disclaimer of Warranty. THE WARRANTIES AND LIMITS OF LIABILITY DESCRIBED ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SHOULD THE DISCLAIMER AND EXCLUSION OF SUCH IMPLIED WARRANTIES BE PROHIBITED BY APPLICABLE LAW, SUCH IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD OF NINETY (90) DAYS FROM THE DATE OF PURCHASE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS. IN SUCH STATES, THE ABOVE LIMITATION MAY NOT APPLY.