Mountain Top Lighting offers a 10 YEAR warranty on parts and labor with every new system.
Mountain Top Lighting (MTL) warrants that the improvements constructed are reasonably free of defects and within customary tolerances of the lighting/electrical industry “Customary tolerances of the lighting/electrical industry” means tolerances common and expected in the industry and guaranteed to be performed by a skillful and professional tradesperson. This warranty also covers work under customary tolerances for all subcontractors and other tradespeople under contract with MTL, including the crew of MTL.
MTL further warrants and guarantees that the work reasonably conforms to the requirements of the contract documents, drawings, plans, and specifications. If any defects are found, MTL shall repair or replace any of the alleged defective work at its cost. The work to be corrected will be the particular part or area that is defective. MTL shall start corrective work within a reasonable time after notice from the client. MTL shall have the option of repairing or replacing, at its election.
TERM OF WARRANTY—TEN YEARS
This warranty, as well as the statute of limitations for any claim of damages for defective work or materials, is ten years from substantial completion. If MTL performs warranty work within this period, this warranty shall not be extended to the repaired or replaced work itself.
This warranty applies to the original owner only and may not be transferred to any subsequent owner.
EQUIPMENT, MATERIAL, AND APPLIANCES
MTL hereby assigns (to the extent they are assignable) and conveys to client all manufacturers and suppliers’ warranties, together with operating instructions if available, on all goods, material, equipment and appliances provided to MTL. MTL has provided certain material, equipment, appliances, and goods that have been manufactured and or furnished by third party vendors, supply houses, distributors, and manufacturers (“products”). MTL will use its best efforts so that such products are new and purchased from reputable suppliers. MTL also agrees to properly install such materials. In the event a product is considered defective by the owner, MTL shall use its best efforts to contact the supplier or manufacturer and receive a free replacement. MTL shall then within a reasonable time reinstall that new product without charge. MTL did not manufacture such products. MTL warrants it’s services and workmanship only. Accordingly, MTL cannot warrant or guarantee these products themselves. Contractor will not be liable for latent defects in any product (not observable on reasonable inspection). Owner’s sole remedy for defective products, other than the obligation of MTL to replace same, is against such third party vendors and their warranties, if any. This limitation still applies and a warranty is not deemed made, even if MTL has furnished owner with product brochures, literature, or samples. Nor shall MTL be liable for dangerous products, design defects in products, or defective warnings. However, MTL shall lend assistance in settling any claim resulting from defects in these products.
HOW TO OBTAIN SERVICE
If a problem develops during the warranty period, client shall notify MTL of the specific problem. Owner shall give such notice promptly after first discovering the condition. MTL will begin performing the obligations under this warranty within a reasonable time of receipt of such a request and will diligently pursue these obligations. Repair work will be done during MTL’s normal working hours, except where delay will cause additional damage. Owner also agrees to provide the presence (during the work) of a responsible adult with the authority to approve the repair and sign an acceptance of repair on completion. There shall be no charge for the costs and expenses of examination or inspection by the MTL, whether or not a defect is found or later repaired or replaced. The work will be done either by MTL’s crew or whatever competent workmen or subcontractors are designated by MTL.
MTL has sole discretion as between repair or replacement. All efforts shall be made for a reasonable match, and to repair or replace in the event the original item is no longer available.
With respect to any claim asserted by client, it is understood that there is no right to recover or request compensation for: incidental, indirect, special, consequential, secondary, or punitive damages; loss of use; diminution in value; rental costs; moving costs; delay in occupancy; construction, mortgage, loan, or line of credit interest charges; mortgage interest rate increases; lost profits or income; medical costs; damages for mental distress, aggravation, personal injury; or pain and suffering.
Owner should notify MTL within a reasonable period after first knowledge of a problem, not to exceed 60 days. To be covered, the physical signs of the problem must be observable and have started to cause damage before the ten-year period expires.
WHAT IS NOT COVERED
This limited warranty does not cover the following items:
- Damage or defects caused by the failure to maintain any item or keep it in good working order.
- Damage resulting from fire, freezing, storms, electrical malfunction or surge, lightening, earthquake, pest damage, acts of nature, or other unforeseen causes or accidents.
- Damage from alterations, misuse, or abuse by any person; ordinary wear and tear; or problems caused by lack of maintenance.
- Damage resulting from clients failure to observe any operation instructions furnished at the time of installation.
- Any item furnished, installed, modified, altered, or repaired by you or any other person other than MTL.