HOW CONSUMER LAW RELATES TO THIS WARRANTY
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM PROVINCE TO PROVINCE (OR BY COUNTRY OR STATE). OTHER THAN AS PERMITTED BY LAW, ZENOVIA DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE. Residents of Quebec are governed by that province's consumer protection legislation.
WARRANTY LIMITATIONS THAT MAY AFFECT CONSUMER LAW
APPLICABLE TO ALL OF CANADA, EXCEPT QUEBEC, AND THE UNITED STATES OF AMERICA: TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. ZENOVIA DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. INSOFAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, ZENOVIA LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT ZENOVIA’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. SOME PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
WHAT IS COVERED BY THIS WARRANTY?
ZENOVIA warrants the ZENOVIA branded hardware product and accessories contained in the original packaging ("ZENOVIA Product") against defects in materials and workmanship when used normally in accordance with ZENOVIA's published guidelines for a period of ONE (1) YEAR from the date of original retail purchase by the end user purchaser ("Warranty Period"). ZENOVIA's published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.
Unless otherwise stated, and to the extent permitted by local law, new ZENOVIA Hardware Products may be manufactured using new materials or new and used materials equivalent to new in performance and reliability. ZENOVIA may repair or replace ZENOVIA Hardware Products (a) with new or previously used products or parts equivalent to new in performance and reliability, or (b) with equivalent products to an original product that has been discontinued. Replacement parts are warranted to be free from defects in material or workmanship for ninety (90) days or, for the remainder of the Warranty Period of the ZENOVIA Hardware Product they are replacing or in which they are installed, whichever is longer.
WHAT IS NOT COVERED BY THIS WARRANTY?
This warranty does not apply to any non-ZENOVIA branded hardware products or any software, even if packaged or sold with ZENOVIA hardware. Manufacturers, suppliers, or publishers, other than ZENOVIA, may provide their own warranties to you but ZENOVIA, insofar as permitted by law, provides their products "AS IS". Software or firmware distributed by ZENOVIA with or without the ZENOVIA brand (including, but not limited to the Airhome app or ZENOVIA Product firmware) is not covered by this warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. ZENOVIA does not warrant that the operation of the ZENOVIA Product will be uninterrupted or error free. ZENOVIA is not responsible for damage arising from failure to follow instructions relating to the ZENOVIA Product's use.
This warranty does not apply: (a) to consumable parts, such as batteries, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with another product; (d) to damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external cause; (e) to damage caused by operating the ZENOVIA Product outside ZENOVIA's published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of ZENOVIA; (g) to a ZENOVIA Product that has been modified to alter functionality or capability without the written permission of ZENOVIA; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the ZENOVIA Product; or (i) if any serial number has been removed or defaced from the ZENOVIA Product.
Before receiving warranty service, ZENOVIA or its agents may require that you furnish proof of purchase details (original sales or delivery receipt), respond to questions designed to assist with diagnosing potential issues and follow ZENOVIA's procedures for obtaining warranty service. It is also mandatory that the unit product number and serial number be made available when requesting a warranty service event. Failure to do so may result in the event being deemed out of warranty by ZENOVIA and therefore chargeable to the requester. Before submitting your ZENOVIA Product for warranty service you should maintain a separate backup copy of the contents of its storage media, remove all personal information that you want to protect and disable all security passwords.
Following warranty service your ZENOVIA Product or a replacement product will be returned to you as your ZENOVIA Product was configured when originally purchased, subject to applicable updates. You will be responsible for reinstalling all other software programs, data and information. Recovery and reinstallation of other software programs, data and information are not covered under this warranty.
WHAT WILL ZENOVIA DO IN THE EVENT THE WARRANTY IS BREACHED?
If during the Warranty Period you submit a valid claim to ZENOVIA, ZENOVIA will, at its option: (i) repair the ZENOVIA Product using new or previously used parts that are equivalent to new in performance and reliability; (ii) replace the ZENOVIA Product with a product that is at least functionally equivalent to the ZENOVIA Product and is formed from new and/or previously used parts that are equivalent to new in performance and reliability; or (iii) exchange the ZENOVIA Product for a refund of your purchase price. ZENOVIA may request that you replace certain user installable parts or products. A replacement part or product, including a user installable part that has been installed in accordance with instructions provided by ZENOVIA, assumes the remaining warranty of the ZENOVIA Product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes ZENOVIA's property.
HOW TO OBTAIN WARRANTY SERVICE?
Please access and review the online help resources described below before seeking warranty service. If the ZENOVIA Product is still not functioning properly after making use of these resources, please contact a ZENOVIA representative using the information provided below. A ZENOVIA representative will help determine whether your ZENOVIA Product requires service and, if it does, will inform you how ZENOVIA will provide it. When contacting ZENOVIA via telephone, other charges may apply depending on your location. Online information with details on obtaining warranty service is provided below.
WARRANTY SERVICE OPTIONS
ZENOVIA will provide warranty service through the following options:
(i) Mail-in service. If ZENOVIA determines that your ZENOVIA Product is eligible for mail-in service, ZENOVIA will send you prepaid waybills and if applicable, packaging material, so that you may ship your ZENOVIA Product to a location in accordance with ZENOVIA's instructions. Once service is complete, the ZENOVIA Product will be returned to you. ZENOVIA will pay for shipping to and from your location if all instructions are followed.
ZENOVIA reserves the right to change the method by which ZENOVIA may provide warranty service to you, and your ZENOVIA Product's eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country. You may be responsible for shipping and handling charges if the ZENOVIA Product cannot be serviced in the country it is in. If you seek service in a country that is not the country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. For international service, ZENOVIA may repair or replace products and parts with comparable products and parts that comply with local standards.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZENOVIA IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE ZENOVIA PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED IN THE ZENOVIA PRODUCT.
THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. ZENOVIA DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY ZENOVIA PRODUCT UNDER THIS WARRANTY OR REPLACE THE ZENOVIA PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED ON THE ZENOVIA PRODUCT. SOME PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Residents of Quebec are governed by that province's consumer protection legislation.
ZENOVIA will maintain and use customer information in accordance with the ZENOVIA Customer Privacy which can be found at www.zenoviaelectronics.com/legal/privacy.
No ZENOVIA reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This warranty is governed by and construed under the laws of the country in which the ZENOVIA Product purchase took place. ZENOVIA is identified at the end of this document according to the country or region in which the ZENOVIA Product purchase took place. ZENOVIA or its successor in title is the warrantor under this warranty.