Limited Warranty and Disclaimer (the “Warranty”) represents the sole warranty terms between EMTHINGS Technologies (“EMTHINGS”) and you pertaining to your purchase of a EMTHINGS hardware product (hereinafter, the “PRODUCT”) with which this Warranty is included. Any applicable warranties or disclaimers related to any other EMTHINGS software, service or offering, including those services related to the use of PRODUCT, are found in the Terms of Usage or End-User License Agreement (http://www.emthings.com/eula) related to that particular software, service or offering. You should only use the PRODUCT in accordance with the recommendations, ratings, and specifications as per the PRODUCT information available at http://www.emthings.com.
EMTHINGS warrants to the original purchaser (with proof of purchase) of a PRODUCT that the PRODUCT shall be free of defects in design, material, or workmanship for sixty (60) days (the “Limited Warranty”) from the date of purchase. Your sole remedy for breach of the Limited Warranty is the return of the allegedly defective PRODUCT to EMTHINGS at your sole expense, in accordance with instructions provided at http://www.emthings.com. You must contact EMTHINGS support before returning any allegedly defective PRODUCT. If such PRODUCT is found to be defective by EMTHINGS, at EMTHINGS' sole option, EMTHINGS will repair or replace the PRODUCT with a functionally similar PRODUCT within thirty (30) business days of EMTHIGS receipt thereof. You may be required to furnish proof of purchase details when making a claim under this warranty.
Notwithstanding the foregoing, no warranty, expressed or implied, will extend to any PRODUCT (1) where the purchase price was waived, (2) that has been subjected to misuse, neglect, accident, improper storage or installation, or other use not in conformance with the Specifications, or (3) that has been broken, opened, repaired, modified, or altered by anyone other than EMTHINGS. In addition to the foregoing, no warranty, expressed or implied, will cover problems that result from (a) disasters including fire, water, or other acts of nature, (b) electrical conditions such as those caused by lightning strikes, power fluctuations, electrical surges or outages, or any other such condition that may affect the electricity source; (c) loss or damage in transit; (d) failure caused by a product for which EMTHINGS is not responsible; (e) normal wear and tear; (f) a failure to comply with the PRODUCT Specifications; or (g) any other cause which does not relate to a PRODUCT defect. You hereby acknowledge and agree that you have not relied on any representations or warranties other than those expressly set forth herein.
EMTHINGS expressly disclaims, and you accept all responsibility for, any damages or costs arising from your installation, misuse, usage, and removal of the PRODUCT. Such potential damages include, but are not limited to, damage to the premises where the PRODUCT is installed, including damage to any structure, wiring, housing, finish, paint, or other surface; any damages caused by use of the PRODUCT outside; and any fees charged by any third parties due to your installation or removal of the PRODUCT on leased or rented premises.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE PRODUCT IS PROVIDED ON AN “AS IS” BASIS AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, PRODUCT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY WITH RESPECT TO THE PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CLIENT ENJOYMENT, ACCURACY, QUALITY, TITLE, OR INFRINGEMENT. EMTHINGS DOES NOT WARRANT THAT THE PRODUCT IS ERROR-FREE OR THAT OPERATION OF SUCH PRODUCT WILL BE SECURE OR UNINTERRUPTED. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD. THE PREVIOUS LIMITATION MAY NOT APPLY TO YOU BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL EMTHINGS, ITS AFFILIATES, SUBSIDIARIES, AUTHORIZED RESELLERS, AND THEIR SUPPLIERS BE LIABLE IN CONTRACT, TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE), PRODUCTS LIABILITY, OR ANY OTHER THEORY OF LIABILITY, OR OTHERWISE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, COST OF PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF GOODWILL, DAMAGE OR DESTRUCTION OF DATA, OR OTHER BUSINESS LOSS, EVEN IF EMTHINGS HAS BEEN ADVISED OF SAME.
IN NO EVENT WILL EMTHINGS’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH OR RELATED TO THE PRODUCT, FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING BUT NOT LIMITED TO TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY AND BREACH OF WARRANTY, EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM.
THE LIMITATIONS OF LIABILITY AND EXCLUSIONS OF REMEDIES SET FORTH HEREIN ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE OR FROM COUNTRY TO COUNTRY. YOU ARE ADVISED TO CONSULT APPLICABLE STATE OR COUNTRY LAWS FOR A FULL DETERMINATION OF YOUR RIGHTS.
The Warranty is provided to you only and is not transferable to any third party.
GOVERNING LAW; VENUE
This Warranty is governed by the laws of the local jurisdiction as applicable.
ENTIRE AGREEMENT; SEVERABILITY
This Warranty constitutes the sole and exclusive agreement between the parties regarding the PRODUCT. If any provision of this Warranty is held invalid or unenforceable, the remainder of this Warranty will continue in full force and effect.
EMTHINGS reserves the right to change the terms of this Warranty at any time without notice. Any changes to this Warranty shall apply only to new products or PRODUCT purchased after such changes take effect and are made available to you.
You can contact EMTHINGS Technologies by email at email@example.com, or by post at company’s registered address.