ROADMAX LIMITED PRODUCT WARRANTY

Notwithstanding any other inconsistent warranty, Evluma warrants a ten (10) year Warranty Period on all Evluma RoadMax Edge products (“Products”), Evluma warrants to the original purchaser (the “Buyer”) of the Products covered by this limited warranty that the Product is free from substantial defects in materials and workmanship for a period of ten (10) years from the date of original purchase when operating an average of eleven (11) hours per day and that the Products shall in all material respects conform to their published specifications, representations, conditions, and guaranties relating to performance, and shall, to the best of Evluma’s knowledge, not misappropriate, infringe or otherwise violate any third party intellectual property rights.

This limited warranty may be transferred by authorized Evluma distributors to subsequent purchasers of the Product, provided that such Product is resold in new condition and in its original packaging.

Whether or not a Product is defective shall be determined by Evluma, in its sole discretion, having regard to the overall performance of the Product. For greater certainty, a Product shall not be considered defective solely because individual LED components fail to emit light if the number of inoperable LED components is less than ten percent (10%) of the total number of LED components in the Product.

If a Product is returned by the Buyer to Evluma in accordance with Evluma’s terms and conditions of sale, and is subsequently determined by Evluma to be defective, then Evluma will, at its option, repair the Product with new or refurbished replacement parts or replace the Product with a new or refurbished unit or any non-conforming part thereof. In the event that Evluma repairs or replaces a Product or any non-conforming part thereof, Evluma shall not be responsible for any removal or reinstallation costs or expenses including field labor costs, service charges, transportation and/or shipment costs, or any other indirect costs or expenses.

Evluma’s warranty hereunder does not apply to any Product that has not been properly stored or maintained, or in case of any damage caused by accident, abuse, misuse, misapplication, or alteration of any kind (including upgrades and expansions) performed by anyone other than Evluma or Evluma’s designated agent. Warranties do not cover Acts of God, lightning, fire, public disturbances, or vandalism.  All warranties are void, and Evluma accepts no liability in connection with and/or arising from:(a) any acts, behavior, conduct, and/or negligence on the part of the Buyer, (b) use of the Product for a purpose for which it is not designated, or (c) installation of the Products or use with fixtures or equipment other than as specified in the applicable Product installation instruction.  This warranty excludes damage to equipment, fixtures or other assets of Buyer.   Evluma’s warranty does not in any event apply to physical damage to the surface of the Products, or to any data stored in the Products.

This limited warranty does not cover damage to, or non-performance of, any Product caused either directly or indirectly by unusual or abnormal environmental conditions (such as hail, lightning, severe storms (including hurricanes), acid rain, tree sap, water immersion or airborne toxins), or abnormal fluctuations in electrical power (including, without limitation, supply spikes, over-voltage, under-voltage or ripple current control systems). This limited warranty does not cover connectivity or functionality when connected to a third party cellular or networked controller. All components, including any hardware or software associated with a third party networked controller are the responsibility of the networked controller provider. Contact the networked controller provider regarding their warranties and exclusions.

For a claim under this limited warranty to be valid, the Buyer must notify Evluma in writing within sixty (60) days of discovery of the defect. Evluma, upon receiving such notice, may require the Buyer to promptly return the Product to Evluma’s designated facility or its authorized representative.

Evluma will be responsible for shipment costs of repaired/replaced Product if the reported failure is determined to be eligible for warranty consideration and is covered by the terms of this warranty. If a returned Product is determined to be No Fault Found (NFF), the Buyer may be responsible for the cost of the analysis and freight.

If a returned Product is determined to be not covered by the terms of this warranty, the Buyer at its sole discretion, can have the Product repaired or replaced at their expense. The Buyer will be responsible for shipment costs of the repaired or replaced Product.

This limited warranty applies only to specified LED fixtures. Warranties applicable to controls, sensors, photocells and other fixture accessories, if any, must be obtained from Evluma separately.

Any replacement Product will be subject to this warranty for the longer of the original warranty period or thirty (30) days from shipment of the replacement Product to the customer. All returns of Products that are damaged during shipment from the factory will be replaced free of charge but must have the prior authorization of Evluma and must occur within ninety (90) days of the original shipping date of the returned Products.

Where Products are returned for repair or replacement, Evluma shall have no obligation with respect to any data stored in the Products or handheld devices. Except as provided in Evluma’s Software License, Evluma’s warranty does not apply to Evluma Software. Any repair Service requested by Buyer and performed by Evluma following expiration of any Warranty Period or where such repair is not included as part of Evluma’s standard warranty obligations as specified herein, shall be charged at Evluma’s then current fees for time and material.

EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY AND SUBJECT TO APPLICABLE LAW, EVLUMA EXPRESSLY DISCLAIMS ANY OTHER EXPRESS OR IMPLIED CONDITIONS OR WARRANTIES, INCLUDING IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT.

The limited warranties contained herein cover defects in materials and workmanship only and the Buyer’s exclusive remedy, and Evluma’s sole liability, for any defect in any Product shall be those explicitly set forth herein. For greater certainty, under no circumstances shall Evluma be liable, whether in tort, as a result of breach of contract or warranty, by operation of law or otherwise, for any indirect, consequential, incidental, special, punitive or exemplary damages including, without limitation, loss of profits or revenues, loss or temporary suspension of use of the Product or any associated goods or services, any damage to any related equipment or property, or any claims instituted by or on behalf of the Buyer’s customers.

This limited warranty is effective for purchases of Product on or after the effective date set forth below. Evluma reserves the right to modify this limited warranty from time to time, and any modifications shall be effective for all orders placed with Evluma on or after the effective date of such revised limited warranty. Effective Date: January 1, 2026