1. HARDWARE PRODUCT LIMITED WARRANTY.
Snap One, LLC, a North Carolina limited liability company (“Company”) warrants to the original end user purchaser (“Customer”) of each new product manufactured by the Company (“Company Product”) that such Company Product hardware and components (“Product Hardware”), when used in accordance with the technical Spec Sheets furnished by Company, available with the Company Product or on the Company’s websites (“Documentation”), will be free, in all material respects, of defects in materials and workmanship under normal use (“Limited Warranty”). This Limited Warranty is non-transferable and sets forth the Company’s sole and exclusive liability, and the sole and exclusive remedies available in relation to any non-conformity, defect or similar claim.
2. 3rd PARTY PRODUCTS DISTRIBUTED BY COMPANY.
THIS WARRANTY APPLIES TO PRODUCTS MANUFACTURED BY THE COMPANY. 3RD PARTY PRODUCTS DISTRIBUTED BY THE COMPANY ARE NOT SUBJECT TO THIS WARRANTY, BUT MAY BE ELIGIBLE FOR WARRANTY COVERAGE BY THE ORIGINAL EQUIPMENT MANUFACTURER. WARRANTY INFORMATION FOR THE 3RD PARTY PRODUCTS THAT THE COMPANY SELLS, IF ANY, MAY BE PROVIDED ON THE RELEVANT PRODUCT PAGES AND IS SUBJECT TO CHANGE BY THE 3RD PARTY MANUFACTURER. Notwithstanding that the Company doesn’t provide a separate warranty for 3rd party products, for the convenience of the Customer, the Company may assist the Customer in the return process, provided the process outlined in Section 8 (Obtaining Warranty Service) is followed.
3. LIMITED WARRANTY TERM.
The term of this Limited Warranty runs from the date that the Customer purchases the Company Product from an authorized Company dealer (“Dealer”) as shown by an invoice or sales receipt for the Product Hardware for a period as follows: (the “Hardware Warranty Period”)
Customer must retain the appropriate documentation as proof of the purchase date.
4. EXCLUSIONS NOT COVERED BY THIS LIMITED WARRANTY.
This Limited Warranty does not cover, and the Company and its suppliers are not responsible for, any of the following:
5. ADDITIONAL WARRANTY LIMITATIONS.
THE COMPANY DOES NOT WARRANT THAT OPERATION OF THE COMPANY PRODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT THE COMPANY PRODUCTS WILL IN EVERY CASE PROCESS ALL DATA CORRECTLY. CUSTOMER ACKNOWLEDGES THAT THE COMPANY DOES NOT CONTROL CUSTOMER’S EQUIPMENT OR THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET. THE COMPANY, ITS AFFILIATES, SUPPLIERS AND OTHER PROVIDERS ARE NOT RESPONSIBLE FOR ANY LIMITATION, INTERRUPTIONS, DELAYS, CANCELLATIONS, DELIVERY FAILURES, DATA LOSS, CONTENT CORRUPTION, PACKET LOSS, OR OTHER DAMAGE INHERENT IN THE USE OF COMMUNICATIONS EQUIPMENT. THE COMPANY DOES NOT WARRANT THE COMPANY PRODUCT TO BE IMMUNE FROM VIRUSES, INTRUSION OR ATTACK. The Company does not represent or warrant that product information will be available, accurate, or reliable. Customer uses all applicable product information, services, and the Company Product at Customer’s discretion and risk. Customer will be solely responsible for any and all loss, liability, or damages, including Customer’s appliances, plumbing, electrical wiring, wired or wireless networks, home, computers, mobile devices, and all other items in Customer’s residence or commercial property, resulting from Customer’s use of the Company Products, product information, or services, even if the damage was caused by Company Product (see Section 10 for additional details about these limitations).
6. 3rd PARTY CONTENT.
From time to time, the Company may make available various 3rd party software services or other content (“3rd Party Content”). To the maximum extent permitted by law, the Company expressly disclaims any and all warranties with respect to 3rd Party Content. Company makes no warranty that:
7. UNINTENDED USE DISCLAIMER.
COMPANY PRODUCTS ARE NOT INTENDED OR LICENSED FOR, AND COMPANY SPECIFICALLY DISCLAIMS LIABILITY FOR USE OF THE COMPANY PRODUCTS IN, CRITICAL CONTROL, ONLINE CONTROL EQUIPMENT, HAZARDOUS, HIGH RISK OR FAIL-SAFE ACTIVITY, SUCH AS IN THE OPERATION OF DIRECT LIFE-SUPPORT MACHINES, MEDICAL EQUIPMENT, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE COMPANY SYSTEM COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SIGNIFICANT PHYSICAL OR ENVIRONMENTAL DAMAGE.
8. OBTAINING WARRANTY SERVICE.
In order to obtain warranty service, Customer must submit a valid claim to the Company. To submit a valid claim, a Customer must complete the following requirements (all together, a “Valid Claim”):
Any shipment that does not meet all of the Valid Claim requirements may be refused by the Company. The Company is not responsible for any refused shipments or any damage caused due to shipping, whether or not it was a Valid Claim. Customer shall be responsible for return shipment charges for the Company Product returned where Company determines there is no defect with the Company Product, or that Company Product is not eligible for warranty service under this Limited Warranty. Compliance with these requirements is a condition to coverage under this Limited Warranty.
Upon receipt of a Valid Claim, the Company will, at its sole discretion and to the extent permitted by law, either
A replacement product or part that has been provided by the Company assumes the remaining Hardware Warranty Period (plus the period from the date the Company Product is shipped for warranty service until the return date when the Company Product is received by the Customer after undergoing warranty service) of the original Product Hardware or 90 days from the date of replacement or repair, whichever provides longer coverage to Customer. When a product or part is exchanged, any replacement item becomes Customer’s property, and the replaced item becomes the Company’s property. When a refund is given, the Company Product for which the refund is provided must be returned to the Company, and it becomes the Company’s property.
Before Customer delivers the Company Product for warranty service, it is Customer’s responsibility to keep a separate backup copy of the contents and disable security passwords (if any). THE CONTENTS OF CUSTOMER’S PRODUCT MAY BE DELETED AND THE STORAGE MEDIA REFORMATTED IN THE COURSE OF WARRANTY SERVICE. The Company Product will be returned to Customer configured as originally purchased, subject to applicable updates. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty.
10. WARRANTY DISCLAIMER.
ANY IMPLIED WARRANTY FOR A COMPANY PRODUCT THAT EXISTS BY OPERATION OF THE LAW AND CANNOT BE DISCLAIMED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, QUALITY OF SERVICE OR RESULTS, AVAILABILITY, SATISFACTORY QUALITY, AND ACCURACY, IS LIMITED IN DURATION TO THE TERM OF THE HARDWARE WARRANTY PERIOD FOR THAT COMPANY PRODUCT. UPON EXPIRATION OF THIS LIMITED WARRANTY, THE COMPANY DISCLAIMS AND WILL NOT BE RESPONSIBLE FOR ANY OTHER WARRANTY, INCLUDING EXPRESS AND IMPLIED WARRANTIES. THIS MEANS THAT TO THE EXTENT ALLOWED BY LAW, COMMENCING ON THE APPLICABLE COMPANY LIMITED WARRANTY EXPIRATION DATE, ALL COMPANY PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, AND COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE COMPANY PRODUCTS, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, QUALITY OF SERVICE OR RESULTS, AVAILABILITY, SATISFACTORY QUALITY, ACCURACY AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OR TRADE PRACTICE IN CONNECTION WITH SUCH PRODUCTS AND SERVICES. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
11. (A) LIMITATION OF CUSTOMER REMEDIES.
IN NO EVENT WILL THE COMPANY OR ANY OF ITS SUPPLIERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY:
(B) LIMITATION OF COMPANY’S LIABILITY. NOTWITHSTANDING ANY OTHER PROVISION OF THIS LIMITED WARRANTY, THE COMPANY’S AND ITS SUPPLIERS’ LIABILITIES UNDER THIS LIMITED WARRANTY TO CUSTOMER OR TO THIRD PARTIES, WHETHER UNDER CONTRACT LAW, TORT LAW, WARRANTY, OR OTHERWISE, SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE AMOUNTS ACTUALLY RECEIVED BY THE COMPANY FOR THE APPLICABLE COMPANY PRODUCTS GIVING RISE TO THE CLAIM.
AS STATED ABOVE, COMPANY IS NOT LIABLE FOR ANY PRODUCT WARRANTIES FOR GOODS MANUFACTURED BY THIRD PARTIES, EVEN THOSE SOLD OR DISTRIBUTED BY COMPANY. THIRD PARTY WARRANTY CLAIMS SHOULD BE ADDRESSED TO AND COVERED BY THE ORIGINAL MANUFACTURER. THE COMPANY WAIVES AND DISCLAIMS ALL RESPONSIBILITY FOR WARRANTIES ISSUED BY THIRD PARTY MANUFACTURERS AND CLAIMS MADE TO THIRD PARTY MANUFACTURERS.
CUSTOMER UNDERSTAND THAT THESE LIMITATIONS OF THE COMPANY’S AND ITS SUPPLIERS’ LIABILITY ARE A FUNDAMENTAL PART OF THIS LIMITED WARRANTY. Additionally, this provision is not intended to limit the Company’s liability in the event of Company’s willful or intentional misconduct. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to every Customer.
12. LEGAL PROCEDURES.
To the extent permitted by law, this Limited Warranty will be interpreted, construed and enforced in all respects in accordance with the laws of the State of Utah, without reference to its conflict of laws rules. CUSTOMER AND THE COMPANY AGREE THAT ANY DISPUTES BETWEEN THEM MAY BE HEARD ONLY IN THE STATE OR FEDERAL COURTS IN THE STATE OF UTAH, AND CUSTOMER CONSENTS TO THE EXCLUSIVE GENERAL JURISDICTION OF THE STATE AND FEDERAL COURTS OF UTAH, AND HEREBY WAIVES ANY OBJECTION TO SUCH VENUES. The U.N. Convention on Contracts for the International Sale of Goods will not apply to this Limited Warranty. If any provision of this Limited Warranty is found to be invalid or unenforceable, then the remainder shall have full force and effect, and the invalid provision shall be enforced to the maximum extent permitted by law to effectuate the purposes of this Limited Warranty. Any of the provisions of this Limited Warranty may be waived by the party entitled to the benefit thereof.
13. MODIFICATIONS TO THIS LIMITED WARRANTY.
NO RESELLER, VENDOR, DISTRIBUTOR, DEALER, RETAILER, SALES PERSON IS AUTHORIZED BY THE COMPANY TO MODIFY THIS LIMITED WARRANTY OR TO MAKE ANY WARRANTY, REPRESENTATION OR PROMISE ON BEHALF OF THE COMPANY WHICH IS IN ADDITION TO, DIFFERENT FROM, OR INCONSISTENT WITH THE WARRANTIES, REPRESENTATIONS OR PROMISES EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. A current version of this Limited Warranty can be found by visiting https://www.snapone.com/legal.
14. SPECIFIC JURISDICTIONAL EXCEPTIONS.
This Limited Warranty gives you specific legal rights, and you may also have other specific legal rights which vary from state to state and in countries other than the United States.
15. HARD COPY.
For a hard copy of this Limited Warranty and any materials referenced here in, please contact Product Support at (866) 838-5052.