Warranty

STATEMENT OF LIMITED WARRANTY
FOR ACUITY BRANDS LIGHTING, INC.
d/b/a LITHONIA LIGHTING
EMERGENCY PRODUCTS
FOR SHIPMENTS WITHIN THE UNITED STATES AND CANADA
10/01/12
If the Product(s) fail to comply with the terms of this Warranty, Acuity, at its option, will repair or replace the Emergency Fixture(s) with the same
or a functionally equivalent Emergency Fixture(s) or component part(s) or provide the applicable Battery discount specified above. This Warranty
excludes labor and equipment required to remove and/or reinstall original or replacement parts. This Warranty extends only to the Product(s) as
delivered to, and is for the sole and exclusive benefit of, the original end user of the Product(s) at the original location. This Warranty may not be
transferred or assigned by the original end user. The specified repair or replacement or discount are the sole and exclusive remedies for failure
of the Product(s) to comply with the terms of this Warranty and does not extend the Warranty period. Warranty claims regarding the Product(s)
must be submitted in writing within (30) days of discovery of the defect or failure to an authorized Acuity post-sales or customer service
representative. Product(s) or component part(s) may be required to be returned for inspection and verification of non-conformance by Acuity,
but no Product(s) or component part(s) will be accepted for inspection, verification or return unless accompanied by a “return authorization
number” which can be obtained only from an authorized Acuity post-sales or customer service representative. Acuity is not responsible for any
costs and expenses incurred in connection with shipment of Product(s) to Acuity, but Acuity shall bear all cost and expense incurred in
connection with shipment of replacement Product(s) to the customer.
THE FOREGOING WARRANTY TERMS ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, AND ACUITY EXPRESSLY DISCLAIMS
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, RELATING DIRECTLY OR INDIRECTLY TO THE PRODUCT(S), WHETHER ORAL,
WRITTEN, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING ,WITHOUT LIMITATION, ANY WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO AGENT, DISTRIBUTOR OR OTHER SUPPLIER OF ACUITY PRODUCTS
HAS THE AUTHORITY TO MODIFY OR AMEND THIS WARRANTY WITHOUT EXPRESS WRITTEN AUTHORIZATION FROM ACUITY.
The total liability of Acuity on any and all claims of any kind, whether in contract, warranty, tort (including negligence), strict liability or otherwise,
arising out of or in connection with, or resulting from, Acuity’s performance or breach of this Warranty, or from Acuity’s sale, delivery, resale,
repair, or replacement of any Product(s) or the furnishing of any services, shall in no event exceed the purchase price allocable to the Product(s)
that give rise to the claim, and any and all such liability shall terminate upon the expiration of the warranty period specified above.
IN NO EVENT SHALL ACUITY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER AS THE RESULT OF BREACH OF CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, INCLUDING WITHOUT LIMITATION LABOR OR
EQUIPMENT REQUIRED TO REMOVE AND/OR REINSTALL ORIGINAL OR REPLACEMENT PARTS, LOSS OF TIME, PROFITS OR REVENUES,
LACK OR LOSS OF PRODUCTIVITY, INTEREST CHARGES OR COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, SYSTEMS,
SERVICES OR DOWNTIME COSTS, DAMAGE TO OR LOSS OF USE OF PROPERTY OR EQUIPMENT OR ANY INCONVENIENCE ARISING
OUT OF ANY BREACH OF THE FOREGOING WARRANTY OR OBLIGATIONS UNDER SUCH WARRANTY.
Acuity reserves the right to modify or discontinue this Warranty without notice provided that any such modification or discontinuance will only be
effective with respect to any Product(s) purchased after such modification or discontinuance.