GoBright Lights Inc. Workmanship and Product Warranty Last Updated: October 1, 2023

Effective October 1, 2023


The liability of GoBright Lights Inc. (“GoBright”) and the Products sold and installed by GoBright under this warranty is limited. Please read and understand the conditions herein as part of GoBright’s warranty. This warranty only applies to the original home owner who purchased the GoBright permanent decorative lighting package as stated on the invoice and is non-transferable. GoBright reserves the right to change warranty without notice.

Limited Workmanship Warranty
GoBright warrants to the Customer (the “Workmanship Warranty”) to repair, free of charge, any components of the Project (as defined below) which has failed due solely due to the defective installation workmanship performed by GoBright or its employees or authorized agents or contractors for a period of 1 years from the completion of the Work (the “Workmanship Warranty Period”), which completion date shall be deemed to be the date of the final invoice.

This workmanship warranty specifically excludes any defects in materials or components relating to the Project or the Work (which materials or components may be covered by separate manufacturers warranties).

The Customer shall, at all times, strictly adhere to the terms and conditions setout in this warranty and perform the requirements of the Maintenance Program as set out below.

“Work” means, and is limited to, the work and labour performed by GoBright or its employees or authorized agents or contractors for the benefit of the Customer and relating to the installation of GoBright Products (the “Project”) at the Customer’s property (the “Property”) as indicated in GoBright’s invoice to the Customer in connection with the Work.

Limited Product Warranty
GoBright warrants to the Customer (the “Product Warranty”), subject to the terms, conditions and limitations contained in this Warranty, in connection with the Customer’s purchase of the GoBright permanent decorative lighting package(the “Product”) for a period of 5 years (the “Product Warranty Period”) that under normal use, the Product shall be free from manufacturing defects, provided that the Customer strictly adheres to all of the terms and conditions set out in this Warranty and performs the Maintenance Program as set out below.

If there is a Product failure during the Product Warranty Period, GoBright will, at its sole option: (i) repair or replace any portion of the Product that which is determined by GoBright to be defective; or (ii) refund to the Customer a pro-rated portion of the original purchase price for the Product (the “Pro Rate Refund”)determined by multiplying the original purchase price paid by the Customer by the total number of months remaining under the Product Warranty Period.

The Product Warranty Period commences on the date which the final invoice is issued by GoBright to the Customer.

Required Maintenance
Once during each calendar year the Customer shall perform the following maintenance tasks during the Workmanship Warranty Period and the Product Warranty Period:
a) Perform a visual inspection of the control box and immediately notify GoBright of any damage to the control box or its components; and
b) Perform a visual inspection of the Product and immediately notify GoBright of any damage to the Product or segments of the Product that are not functioning properly.

Exclusions to Warranty Coverage
The Product Warranty does not apply if:
a) The Product, or any part thereof, has been damaged by accident, vandalism, abnormal usage, abuse, misuse, fire, natural disasters or other acts of God, on the Property, whether caused by the Customer or otherwise;
b) Any damage caused by the impact of foreign objects;
c) Improperly positioned drains;
d) The settling of any building or structure;
e) The failure or any building or structure to which the Product is attached;
f) The Product has been damaged by any acts of the Customer or any third party that have not been authorized by GoBright;
g) The Product has not been maintained in accordance with GoBright’s instructions;
h) Any interference, connectivity, network, wifi, or Bluetooth issues related to the controller.

The Workmanship Warranty and the Product Warranty specifically excludes:
a) Product appearance problems such as colour variations from samples or printed materials compared to actual production of the Product, fading, discolouration resulting from weathering or aging of the Product, misuse, neglect, fungus or bacterial growth, etc.; or
b) Any imperfections that are not visible to the human eye under the noon sun from a distance of 20 feet.

Responsibility for Costs

In the event a warranty claim is approved by GoBright, the following costs shall be
the sole responsibility of the Customer:
a) The removal and replacement of any siding, stucco, railings, planters,
furniture, or any other materials either permanently or temporarily
attached to the building or structure where the Product is installed; and
b) Colour matching the Product.

Limitation of Liability

In no event shall GoBright be liable for any indirect, incidental, special, consequential, or similar damages based on breach of warranty, breach of contract, negligence, strict liability, or any other legal theory. Damages that GoBright shall not be responsible for include, but are not limited to: loss of profits or revenue, loss of use of lighting or any associated equipment, cost of substitute goods, downtime, goodwill, damage to or loss of property or equipment, and any costs of recovering, reprogramming, or reproducing any data or equipment.

The remedies provided under the limited warranty are the exclusive remedies available to the customer. GoBright’s maximum aggregate liability arising out of or relating to the product or limited warranty shall not exceed the original purchase price paid by the customer for the defective or nonconforming product.