Returning of Products.) As a condition precedent to Hercules LED, LLC’s obligations under this warranty, Customer shall promptly return, at its own expense, all items it claims to be defective, faulty or otherwise covered under the terms of this warranty to Hercules LED, LLC. Failure of Customer to return all of said items to Hercules LED, LLC shall result in a complete waiver of this warranty unless Customer receives instructions, in writing, from an authorized representative of Hercules LED, LLC indicating that a return of the items is not necessary. Customer hereby

acknowledges and agrees that it shall hold Hercules LED, LLC harmless and waive all liability, damages, claims, lawsuits, and caused of action against it unless all items it claims to be covered under the warranty are promptly returned to Hercules LED, LLC. HERC LED reserves the right to request that the product be returned or discarded, at the Customer’s expense, at the time
of the claim.

Limitations.) Hercules LED, LLC’s representatives are not tax professionals, lawyers or utility experts. This warranty shall not apply to any estimates of cost savings, which Hercules LED, LLC expressly states are estimates and not guarantees of cost savings. Customer agrees to hold Hercules LED, LLC, its successors, assigns, representatives, agents, owners, members, independent contractors and affiliates harmless for any alleged discrepancies in cost savings between the estimates provided and the actual savings incurred. This section shall act as a complete waiver of any and all liability, damages, caused of action, lawsuits and claims against Hercules LED, LLC for said cost savings.

​

Remedy.) Customer agrees that any claims must be submitted to Hercules LED, LLC within 15 days of the date of the discovery of the defect or issue giving rise to the claim. Upon receipt of the submission, HERCULES LED, LLC shall have 30 days to review the claim. Upon the approval of a warranty claim, HERC LED may require the return of any products or parts which prove to be defective. Customer’s remedy shall be limited to the replacement or repair of the products, or the correction of the defective item(s), as per the terms of this document. No claim shall be considered nor honored unless Customer follows HERC LED’s instructions to initiate a claim in Section 2 above, and all other requirements herein, to warranties@herculesled.com. Customer shall further return the defective product to HERC LED in accordance with the terms herein. Said return shall not be deemed to be received unless a confirmation in writing is received by HERC LED. HERC LED reserves the right to substitute the defective product with a comparable product if the original product is not available. Customer shall be exclusively responsible for all costs necessary to uninstall/remove defective products. Unless the product was installed by HERC LED’s agents, employees, independent contractors or owners, as per the terms of the limited labor warranty above, Customer shall be exclusively responsible for the re-installation of the replaced or repaired products, and Customer shall hold HERC LED harmless for all costs associated with said reinstallation.

​

LIMITATION OF LIABILITY.) HERC LED shall have 30 days to review any warranty claim and 60 days after any acceptance of the claim to complete any required replacement, repair or reinstallation. Customer agrees that it shall not institute any action in any court of law against Hercules LED, LLC. Any and all claims shall be resolved exclusively through binding arbitration in Mahoning County, Ohio, before an arbitrator of Hercules LED, LLC’s choosing. Customer shall be liable for and shall indemnify and reimburse Hercules LED, LLC for any and all expenses, including attorney’s fees, for any claim filed in any court of law contrary to this provision. In the event that any matters herein are brought before an arbitrator, the party against whom the decision is made shall reimburse and indemnify the non-liable party for its costs and expenses, including, but not limited to, attorney’s fees and arbitration costs. Hercules LED, LLC shall not be liable under any theory of relief outside the terms of this agreement, including, but not limited to, breach of warranty, breach of contract, tort (including negligence), strict liability, or any other theory of liability. Customer agrees that any claims must be submitted to Hercules LED, LLC within 15 days of the date of the discovery of the defect or issue giving rise to the claim. Any action in arbitration must be commenced by Customer within one year of the date of the discovery of the defect or issue giving rise to the warranty claim.