WARRANTY POLICY

5-Year Limited Warranty for standard product line

3-Year Limited Warranty for customized products

In no event shall ZANIBONI LIGHTING or any affiliate of ZANIBONI LIGHTING be liable for direct, indirect, special, incidental, consequential, or multiple damages arising out of the use of the product, regardless of the legal theory on which such claim is based, for loss of profits, savings, capital, revenue, use of equipment, by reason of plant shutdown, non-operation or increased expense of operation, cost of money, for transportation, for installation or for any other economic or consequential loss or damage, whether arising under contract, tort (including negligence), strict product liability, breach of warranty, breach of contract or otherwise. ZANIBONI LIGHTING's maximum and sole liability, and the exclusive remedy of the customer arising out of the supply or use of a product, shall not exceed the purchase order price allocable to such products which gives rise to the claim.

ZANIBONI LIGHTING's liability to repair or replace a damaged item shall be limited to the original purchaser of the item at the original invoice price of the defective unit and dealer charge backs mandated by state law. ZANIBONI LIGHTING will not credit Customers for freight charges or unauthorized dealer or Customers mark-up fees.

The determination of whether the Product is defective shall be made by Seller in its sole discretion with consideration given to the overall performance of the Product. A Product shall not be considered defective solely as a result of the failure of individual LED components to emit light if the number of inoperable components is less than 10% of the total number of LED components in the Product.

Seller, at its sole option, "may" or "will" repair or replace products exhibiting the defective finish if it exhibits cracking, peeling, excessive fading or corrosion defects during the warranty period. During the warranty period some fading, staining or chalking may occur. This is normal aging for the finish used, is not a manufacturing defect, and is not covered by our warranty.

No agent, distributor or dealer is authorized to change, modify or extend the terms of the warranty on behalf of Seller.

With respect to products sold to the Purchaser by Seller, but not bearing the Seller name or sub-brands, Seller makes no warranty of any kind, express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose, but will make available to the Purchaser upon request, but only to the extent permitted by law and relevant contracts, the warranties of the manufacturer of the relevant product.

The warranty period is based on a burning behavior of max. 4000 hours/year. In case of more than 4000 hours/year, the warranty period will be adjusted pro-rata.

RETURN POLICY

We credit customer with credit on account on returned parts that are determined defective by us. Credit is entered based on the current OEM quoted price for said part, acceptable labor charges and Dealer charge backs mandated by State law. We will not credit customer accounts on unauthorized Dealer mark-ups or customer mark-up fees. Credit for products returned and received at our location within thirty (30) days from original shipment date will be refunded as credited on account. Credit on account will expire within six (6) months from authorization date. After six (6) months credit will be removed from account and the company will not pay out any credit. Credit will not be given for products returned and received at our location more than thirty (30) days from original shipment date.

We will not issue credit for parts that were damaged or inappropriately handled by customer.

To preserve the claim, please securely package all parts before shipping.

Third-party drivers are non-returnable and not covered under warranty by ZANIBONI LIGHTING, such as Hatch, Lutron, Eldo, e.t.c.

All Zaniboni Lighting fixtures must be powered exclusively by drivers and power supplies provided by Zaniboni Lighting. The use of third-party or non-approved power supplies will immediately void the product warranty in its entirety. Zaniboni Lighting assumes no responsibility or liability for any damage, malfunction, injury, or performance issues arising from the use of unauthorized power supplies or drivers. Any costs associated with repairs, replacements, or damages resulting from non-compliant power sources will be the sole responsibility of the end user. Zaniboni Lighting reserves the right to refuse warranty claims, returns, or technical support for any fixture found to be operating with a non-approved power supply.

ZANIBONI LIGHTING will cover shipping and receiving costs for Products under warranty. Buyer will be responsible for shipping and receiving costs for returns not covered under warranty.

Reliance Upon Customer's Information

In the preparation of the quotation and the products, we have relied on information supplied by the Customer. In the event such information is inaccurate, we shall not be liable for any claim resulting from such inaccurate information with respect to the products, the performance of breach of the contract, or any defects of design, material or workmanship.

We are not responsible for incorrectly ordered items. Products returned due to customers error in placing the order will be accessed a mandatory 40% re-stocking fee regardless of when the return process is initiated. Incorrectly ordered products are subject to the same return policy as all other products with the exception of the mandatory 40% re-stocking fee.

Labeling and Return Instructions

Labeling and Return instructions will be sent at the time of approval of the material return.

Packaging

We recommend returning products by a reputable freight forwarder. To avoid voiding the warranty, use ours or equivalent packaging to return a product.

Care and Maintenance of ZANIBONI LIGHTING Products

Although every precaution has been taken in the manufacturing of this fixture, we recommend that you inspect your product for defects prior to installation. A fixture should be installed and wired in accordance with the National Fire Protection Association and standards set forth by national and local electric codes, preferably by a professional electrician.

Installation locations must be free of existing cables and obstructions. Proper clearance at the rear of the fixture is essential for effective heat dissipation. Do not install the fixture where it will come in contact with flammable objects. All electrical connections must be secured. it is essential that the proper voltage, wattage, and polarity be observed in order to avoid possible injury or damage.

Drivers must be installed in locations below 80 degrees Fahrenheit, 27 degrees Celsius. If installed in environments over 80 degrees Fahrenheit, 27 degrees Celsius. the warranty will become void.

In diva multiples and stainless product lines, the heatsinks cannot touch. If this occurs, the warranty is void. Engine/gimble contact configuration must be correct.

Handle all lamps with great care. Never touch halogen lamps with bare hands. Direct contact with your skin will damage or decrease the life of the bulb. Switches are a potential ignition source. Do not install a "self-switch" fixture in an area requiring ignition protection unless it is clearly marked and identified as ignition protection compliant. Potential radio frequency interference (rfi) can be expected with any fixture containing electronic ballast.

If certain electronic navigation or communication equipment experience interference, discontinue the use of the light fixture. To remove smudges, fingerprints and dust, rub surfaces gently with a clean soft cloth. To eliminate accumulated salt spray, clean with soft cloth and fresh water do not use chemical cleaning agents such as window cleaners or polishing sprays on the fixture's finish. They may dissolve the clear-coat finish and tarnishing will commence. This may void the warranty. If you are uncertain about a fixture or experience difficulty, please contact Zaniboni lighting's technical department for assistance.

Inspection

ZANIBONI LIGHTING reserves the right to review the damaged product and the site where the damage occurred. ZANIBONI LIGHTING may require the customer to ship the product to ZANIBONI LIGHTING for inspection. The damaged item must remain available for inspection until the claim is finalized. In the event ZANIBONI LIGHTING requests to inspect the product, it agrees to dispatch its findings pertaining to the alleged defective product within 45 days of receiving the product. Whenever claims are settled, ZANIBONI LIGHTING reserves the right to be subrogated under any existing insurance policies the consumer may have.

Freight and Shipment under Warranty

The Customer prepays all inbound and outbound freight charges for out-of-warranty repairs and no-trouble-found (NTF) products. ZANIBONI LIGHTING is not responsible for damage during shipment.

ZANIBONI LIGHTING will pay for surface/ground return freight only for warranty repairs. Overnight or other special requirements for expedited shipment will be at the Customer's expense. ZANIBONI LIGHTING is not responsible for inbound shipment charges.

Special prepayment arrangements may be made if drop-shipment to third parties or end user(s) is necessary.

If the Customer's returns / repair shipment to ZANIBONI LIGHTING is received in damaged condition, ZANIBONI LIGHTING will notify the customer. The Customer will need to notify the carrier immediately to initiate a claims inspection. ZANIBONI LIGHTING will help, as necessary, to process the freight claim.

Exclusive remedy

This Warranty contains the sole warranty of ZANIBONI LIGHTING with respect to the product and is given in lieu of all other warranties. There are no other warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose and any implied warranties that cannot be waived and/or excluded are hereby limited in duration to the terms of this Warranty.

Limitation Period for Bringing Action

No action may be commenced to enforce this contract or for any breach hereof, or for any defect or deficiency of the goods to be delivered hereunder, whether on warranty, contract, negligence, or strict products liability, unless such action is brought within twelve (12) months after accrual of such cause of action.

Indemnification

Customer shall defend, indemnify and hold harmless ZANIBONI LIGHTING and its agents from any claims, damages or expenses including attorneys fees, arising or alleged to arise from any asserted deficiencies or defects in the products caused by any alteration thereof with or without ZANIBONI LIGHTING 's consent made by the Customer, the improper handling, storage or installation by the Customer.

If ZANIBONI LIGHTING makes a product to Customer's specifications, or if ZANIBONI LIGHTING's product has been modified or altered in any way by any party other than ZANIBONI LIGHTING after shipment, or if any party other than ZANIBONI LIGHTING has misused, misapplied, damaged or been guilty of negligence in relation to a product, customer agrees to hold ZANIBONI LIGHTING harmless and indemnify it against any loss, cost, damage or liability paid or incurred by ZANIBONI LIGHTING: (a) from any and all third party claims; or (b) resulting form any recall, inspection, testing replacement, or corrosion of any product; or (c) resulting from the violation of any law, regulation, rule, order, or restriction of any governmental authority resulting from or incident to the sale of a product to the customer; or (d) resulting from any actual or allege infringement of any patent, copyright or similar common or civil law right of third party resulting from sales of a product to customer; and any costs of defense, attorney's fees, inspector's fees and/or costs of testing incident to any of the foregoing.

Expiration of Quotation and Acceptance

Any quotation by ZANIBONI LIGHTING will be held open for acceptance for a period of thirty (30) days from the date of the quotation unless ZANIBONI LIGHTING withdraw it earlier; however, ZANIBONI LIGHTING reserves the right to correct clerical and typographical errors, including price and quantity numbers, within fifteen (15) days after acceptance of an order based on the quotation.

An order is subject to the ZANIBONI LIGHTING's terms and conditions. Terms stated by the customer in any other communication, prior or subsequent hereto, shall NOT be binding on ZANIBONI LIGHTING if different from or in addition to any of the provisions hereof or the quotation, unless expressly agreed to in writing by ZANIBONI LIGHTING. Acceptance by the customer of an order, orally or in writing, or of any goods provided hereunder or payment therefore, shall constitute acceptance of these terms and conditions.

Prices, Taxes and Payment

Payment is due on or before date of shipment unless payment terms have been agreed upon prior to shipment. All CUSTOM orders, orders for products not considered STANDARD, must be pre-paid in full at the time of order. In general, if payment terms are extended, the payment terms will be NET 30 DAYS unless agreed upon otherwise, in writing.

Prices will be those in effect on order date. The customer will pay the price for the products set out in the Quote unless 1) Changes to the specification of the products increase the cost to ZANIBONI LIGHTING in providing them or 2) The cost to ZANIBONI LIGHTING in providing the products increases above 5%, in which cases ZANIBONI LIGHTING has the right to increase the price proportionately.

The amount of any present or future duties, taxes or other charges imposed on any transaction between Customer and ZANIBONI LIGHTING shall be added to the prices quoted or invoiced and shall be paid by the customer, except those already charged on the face hereof. In cases of sales tax exemption, Customer shall provide ZANIBONI LIGHTING with a tax exemption certificate acceptable to the authorities imposing the same.

Customer agrees to pay for products and any shipping or other charges in full on the terms set forth in ZANIBONI LIGHTING 's invoice or other documents. In addition to all other remedies, under applicable law, ZANIBONI LIGHTING, in the event of Customer's default to fulfill the terms of payment, or if it has any doubt at any time as to the customer's financial responsibility, may either decline to make further deliveries except upon receipt of cash or other satisfactory security, or may terminate the entire agreement. The Customer shall reimburse ZANIBONI LIGHTING for all costs of collection incurred in collecting any past due sums, including, without limitation, attorney's fees. Title in any products supplied by ZANIBONI LIGHTING to the Customer shall not pass to the Customer until ZANIBONI LIGHTING has received all sums due. ZANIBONI LIGHTING reserves the right to enter the Customer premises to recover any products supplied if payment is not made on the due date.

ZANIBONI LIGHTING shall have the right to charge interest on overdue balances at a rate of 1½% of the balance due or $25.00 per month, whichever amount is greater.

ACH / EFT and Wire Transfers are our preferred methods of payment. For all credit card transactions, a 3.5% convenience/processing fee will apply.

Orders on Hold for Shipment

An order may be placed on a hold shipment when ZANIBONI LIGHTING received a purchase order and payment. Prices are firm for sixty (60) calendar days from the date of order acceptance. All hold for shipment orders not released for shipment within sixty (60) days from the date of order acceptable will be subject to a 5% storage fee every 30 days it remains at our warehouse on hold. ( Please note: The storage fee is payable each month, the storage fee is charged on a month-by-month basis. )

ZANIBONI LIGHTING will hold an order from a maximum of six (6) months, however, the order has to be shipped within the same calendar year. It cannot carry over to a new year.

A hold order is an order in which stock has been allocated for a future ship date and production has been started. Special components not normally stocked will not be procured until a firm release date has been established.

Cancellation and modification terms apply.

From the time a hold order is released for shipping, it may take ten (10) to fifteen (15) days to ship out of the warehouse.

Hold for Release (HFR)

An order on Hold for Release (HFR) holds pricing without penalties for cancellation or modifications. Hold for 
Release orders are not allocated components are production is not started until the order is released.

A Hold for release order may be in the system for a maximum of four (4) months.

No stock or production will be allocated to a Hold for Release order

Lead Time starts when the order is released for production

Hold for Release pricing is held and valid for a maximum of sixty (60) days.

Warranty on our products begins on shipment date, once they leave our warehouse.

All back charges or claims must be submitted within one month of Support Authorization.

ZANIBONI LIGHTING does not accept back charges for late deliveries or mis-shipments.

Shipment and Risk of Loss

Unless different terms are stated by ZANIBONI LIGHTING, all prices are FOB (Free On Board) ZANIBONI LIGHTING's facility. Method and route of shipment will be at ZANIBONI LIGHTING's discretion unless the customer supplies instructions otherwise. ZANIBONI LIGHTING reserves the right to make delivery in installments, and all installments invoiced shall be paid for when due per invoice, without regard to the date of subsequent deliveries. The customer shall therefore accept partial delivery of any order and any defect related to said partial delivery or failure to make any subsequent partial delivery shall be severable and not constitute a breach of the entire agreement.

Risk of loss or damage to the Products shall pass according to the applicable shipping term.

All claims for loss, damage or delay against the carrier must be made by the customer.

Shipping Damage and Mis-Shipments (incorrect product or quantity)

Customer has 48 hours to confirm receipt of correct products and quantities. If incorrect product was received or incorrect quantities customer must submit a claim by contacting Support https://zanibonilighting.com/contact/. ZANIBONI LIGHTING will have the right to repair or replace the products within a reasonable time. The notification shall identify each alleged non-conforming products and describe that portion of the shipment being rejected. If the Customer shall fails to give such notice the products shall be deemed to conform to the terms hereof in all respects and the customer shall be bound to accept and pay for the products in accordance with these terms.

Customer has five (5) days to inspect shipment and notify ZANIBONI LIGHTING of any shipping damages. If Customer receives a damaged shipment, customer has five (5) days to document that damage with the carrier and notify ZANIBONI LIGHTING by contacting Support https://zanibonilighting.com/contact/

ZANIBONI LIGHTING does not accept back charges for late deliveries or mis-shipments.

Shipments sent with a carrier that is outside of ZANIBONI LIGHTING Corporate shipping accounts, if carrier loses a package, the customer will be required to fill a claim directly with the carrier. We will assist in filing the claim as needed, but we are not liable for the lost package. Client will be required to place a new order. If the lost package arrives or is located, customer can contact support and request an RMA https://zanibonilighting.com/contact/. Once items are inspected credit on customer’s account will be issued.

Except in respect of death or personal injury ZANIBONI LIGHTING's entire liability in respect to the agreement between ZANIBONI LIGHTING and the customer shall not exceed the amount of the product price payable by the customer under the terms of the Contract. In such cases, ZANIBONI LIGHTING shall not be liable to the Customer by reason of any representation (unless fraudulent) or any implied warranty, condition or other term or any duty at common law or under the express terms of the agreement for any loss of profit or any indirect or consequential loss, loss of goodwill, any destruction of data, damage, costs or expenses whether or not such losses were in the contemplation of the parties and at the date of the Contract, which arise out of or in connection with the provision of the Goods by ZANIBONI LIGHTING to the Customer.

Modifications

If changes need to be made to an order after it is accepted, it may be modified within 48-hours without incurring a modification fee.

Change order fees for will depend if changes can be made and range between a 50% to 60% to the impacted line items on the order depending on the requested modifications.

All fees must be paid in advance and if paid with a credit card, a 3.5% convenience / processing fee is to be included.

Custom Products: Engineering drawings are submitted for final approval, client may request one correction. Beginning with a second correction request, there ill be a correction fee accessed between 5% and 10% of the value of the line item.

Cancellations

Any standard product order accepted by ZANIBONI LIGHTING may be cancelled by the Customer within 48 hours with written approval of ZANIBONI LIGHTING. Cancellations submitted two (2) to five (5) business days will be accessed a 25% cancellation fee. Any cancellations made after five (5) business days will incur a 50% cancellation fee. Payment for the cancellation fee must be received in order to process the cancellation request. **Products from the multiple family lines, such as Bongo M, Diva M, Non-Standard and any Custom Products are not cancelable and not returnable. Order cancellations after shipment will incur a 60% restocking fee. Payment for the cancellation and restocking fee must be received to process the request. We do not refund shipping costs.

Offer of Sale

Any purchase order issued in response to this offer to sell is considered to be Customer's acceptance of these Terms and Conditions of Sale. ZANIBONI LIGHTING hereby objects to any additional, different or conflicting terms or conditions set forth in Customer's purchase order. No terms or conditions of Customer's purchase order shall be effective unless expressly accepted by ZANIBONI LIGHTING in writing.

Delay in Performance or Nonperformance

ZANIBONI LIGHTING shall not be in default nor liable for any expense, loss or damage occasioned by a delay in performance due to causes beyond its control, including but not limited to labour disputes, floods, fire, drought, or any other casualty, transportation delays, inability to obtain materials, manufacturing equipment breakdown, war, riot, insurrection, acts of God, restrictions or interference by any government or governmental agency, strike, labour action, or any similar cause.

If no delivery date is part of this agreement, then delivery shall be subject to reasonable production scheduling by ZANIBONI LIGHTING.

Intellectual Property and Ownership of Production Assets

All tangible and intangible property and the like, including without limitation, ideas, strategies, trade secrets, patents, trademarks, service marks, mold dyes, copyrights, inventions, documentation, computer programs, improvements, enhancements, developments, formulations, know-how, processes, methods, concepts, results, discoveries, designs, patterns, devices, diagrams, processes, charts, drawings, data, specifications and like information, (collectively, 'Project Intellectual Property') conceived of, developed, and/or first reduced to practice in the performance of the ZANIBONI LIGHTING's obligations under the Purchase Order, and including the specifications of all Products, will be exclusive property of the ZANIBONI LIGHTING, regardless of the time and place performed and whether arising by the ZANIBONI LIGHTING 's own deed or from the collaboration with others. Customer hereby assigns all rights, title and interests in and to all Project Intellectual Property to ZANIBONI LIGHTING.

All work performed by the ZANIBONI LIGHTING under the Purchase Order including but not limited to all tools, dies, patterns, etc. ('Production Assets') will be at all times the property of ZANIBONI LIGHTING

Best Efforts

All work performed by ZANIBONI LIGHTING under the Associated Purchase Order is to be Best Efforts.

Governing Law and Forum

Any contract shall be governed by the laws of the State of Florida in the United States of America, notwithstanding any state's choice of law rules to the contrary. The Customer consents and agrees that any action brought to enforce this contract, or for any breach hereof, or for any defect or deficiency of the goods to be delivered hereunder, whether on warranty, contract, negligence, or strict products liability, shall be brought solely in a state or federal court sitting in the State of Florida, and the Customer consents and submits to the jurisdiction of such court.