Warranty

SCOPE

The following warranties apply to Converging Systems Inc. ("CSI") products that meet all of the following conditions: (a) the product was purchased by the contractor or end-user from an authorized CSI distributor who purchased the product directly from CSI and from no other source; (b) if the product has been installed, the entire installation was performed by a licensed electrician or under the supervision of a licensed electrician and the product was in its original, unopened and new condition at the time of installation. CSI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO ALL OTHER PRODUCTS, INCLUDING WITHOUT LIMITATION PRODUCTS THAT HAVE BEEN PURCHASED FROM ANY PERSON OR ENTITY OTHER THAN AN AUTHORIZED CSI DISTRIBUTOR, OR INSTALLED BY ANY PERSON OR ENTITY OTHER THAN A LICENSED ELECTRICIAN OR UNDER THE SUPERVISION OF A LICENSED ELECTRICIAN, AND ALL PRODUCTS THAT ARE USED OR ARE OTHERWISE NOT IN THEIR ORIGINALCSI LIGHTING PACKAGING AT THE TIME OF INSTALLATION.

These Warranty Terms and Conditions may be updated by CSI from time to time. Ordering Product from CSI constitutes acceptance of the terms set forth herein, as such terms may have been updated through the date of such order. Any different, conflicting or additional terms in any purchase order or other writing from Purchaser are hereby expressly objected to and rejected and shall be of no force or effect. Course of performance or usage of trade shall not be applied to modify these Terms and Conditions.

GENERAL PRODUCT WARRANTY

Each CSI product, except as otherwise provided herein, will be free from defects in materials and workmanship for a period of one (1) year from the date of delivery to the end-user.

ILLUMINAIRE WARRANTY

PEach CSI FLLA luminaire product will be free from defects in materials and workmanship for a period of three (3) years from the date of delivery to the end-user including coverage of the following performance criteria: - LED Light Output will be maintained above 50% of initial output - Tri-colored (RGB) output will consist of all three color components (red, green, and blue) - Monochrome output will consist of a single color output (white) - LED controller power supply will operate within CSI specifications

CONTROLLER AND ELECTRONIC WARRANTY

Each CSI non-luminaire component which include LED lighting controllers, communication interfaces and keypads (hereinafter “NLC”) will be free from defects in materials and workmanship for a period of (1) year from the date of delivery to the end-user. NLCs must be installed by a properly insured and licensed contractor using the supplied leader cables and or interconnect cables. The information provided in the CSI installation manuals is critical in determining the location, conditions, intended use, and other requirements ("Application Specification") with respect to the use and installation of NLCs. Using a NLC product in any manner other than as disclosed in the Application Specification automatically voids the warranty and may cause failure resulting in injury, death or significant property damage.

EXCEPTIONS

The above warranties shall not apply and CSI makes no representations or warranties with respect to: a. FLLA products that have been cut, soldered or otherwise altered in the field; b. problems caused by acts of God including without limitation lightning strikes; and c. problems caused by any improper action or failure to act by any person or entity other CSI, including without limitation problems caused by improper installation by the buyer, an authorized CSI distributor, or any other person or entity.

REMEDY

CSI's obligations for breach of warranty shall be limited to repair or replacement, at CSI's option, of any products or parts which prove to be defective, provided that buyer gives CSI written notice and returns the defective product to CSI in accordance with CSI's return material authorization (RMA) policies, and CSI confirms the defect. Buyer is responsible for all costs to de-install defective products and re-install replacement or repaired products and CSI shall not be liable for labor or other costs related to de-installation or re-installation. Manufacturer will, at its option, either repair the defective part(s) or issue a credit to Purchaser against the purchase price of comparable replacement part(s) purchased from Converging Systems as provided below: 1) Replacement parts provided by CSI, or, at its sole discretion, an approved vendor may be new, used, repaired, reconditioned and/or made by a different manufacturer. If CSI chooses to replace the Product and is not able to do so because it has been discontinued or is not available, CSI may replace it with a comparable Product. 2) If credit is provided, credit shall be determined as follows: Number of years from date of shipment Percentage of cost of replacement parts credited by CSI Up to 1 100% More than 1 but not more than 2 66% More than 2 but not more than 3 33% More than 3 0%

DISCLAIMER

THE FOREGOING WARRANTIES ARE IN LIEU OF, AND CSI EXPRESSLY DISCLAIMS, ALL OTHER REPRESENTATIONS, GUARANTEES AND WARRANTIES, EXPRESS OR IMPLIED IN FACT OR BY LAW, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. THE FOREGOING WARRANTIES STATE CSI'S ENTIRE AND EXCLUSIVE LIABILITY, AND BUYER'S SOLE AND EXCLUSIVE REMEDY, IN CONNECTION WITH THE PRODUCTS AND ALL PARTS, THEIR DESIGN, SUITABILITY FOR USE, INSTALLATION AND OPERATION.

LIMITATION OF LIABILITY

CSI shall not be liable under any theory of relief, including without limitation breach of warranty, breach of contract, tort (including negligence), strict liability, or otherwise, arising out of or related to any breach of warranty, any CSI products and the use thereof, or any other acts or omissions of CSI for: (i) any indirect, incidental, special or consequential damages, whatsoever (including without limitation, loss of anticipated value of a business or its reputation) or (ii) any damage or loss in excess of the price actually paid by buyer to the authorized CSI distributor for the products that caused the damages. Any action by buyer must be commenced within one year after the cause of action has accrued.

MISCELLANEOUS

These product warranty terms shall be governed by the laws of the State of California. Buyer consents to the personal jurisdiction and venue of the courts of the State of California. Any legal or equitable claim of any nature arising hereunder shall be filed and maintained in the state or federal courts in the State of California and buyer agrees that such courts are a convenient forum for adjudication. In the event that suit is necessary to recover amounts owed CSI, buyer shall be liable for reasonable attorney's fees, interest and costs of collection. No agreement or understanding varying the terms and conditions hereof shall be binding upon CSI or buyer unless in writing and signed by duly authorized representatives of both parties. These product warranty terms shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.