WeatherCloud wants to ensure that you have the best possible experience using our WeatherCloud sensors and WeatherCloud Smart Hub (the “Products”). The Products are owned and operated by WeatherCloud, a wholly-owned subsidiary of Fathym, Inc. (“WeatherCloud”). This WeatherCloud Limited Warranty (this “Limited Warranty”) gives you specific legal rights with regard to the quality and performance of the WeatherCloud Products. For specific instructions on how to obtain warranty service on your Product, visit the WeatherCloud website: www.WeatherCloud.co.
- Limited Warranty Coverage
WeatherCloud warrants to the original purchaser of the Product that the Product will be free from defects in materials and workmanship for a period of ninety (90) days from the date of delivery following the original retail purchase (the “Warranty Period”). This Limited Warranty is non-transferable and only applies to the original purchaser. If the Product fails to conform to this Limited Warranty during the Warranty Period, WeatherCloud will, at its sole discretion, either (1) repair the Product at no charge, using new or refurbished replacement parts; (2) replace the Product with a new or refurbished Product; or (3) if the Product is no longer available, replace the Product with a similar product of similar function. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. Any replacement hardware product will be warranted for thirty (30) days or the remainder of the Warranty Period, whichever is longer. You are responsible for backing up any data, software, or other materials you may have stored or preserved on the Product. It is likely that such data, software, or other materials will be lost or reformatted during warranty service, and WeatherCloud will not be responsible for any such damage or loss.
- Warranty Conditions
To obtain warranty service, you must return the malfunctioning Product and components during the Warranty Period in either its original packaging, or equivalently protective packaging, with all contents and components included. WeatherCloud will have no warranty obligations with respect to a returned Product if it finds the Product to be in working condition or otherwise ineligible for warranty service. WeatherCloud will reimburse the shipping of any Products deemed to be covered by this Limited Warranty. WeatherCloud will pay all costs of return shipping Products to you. If Products are deemed ineligible for warranty, you agree to bear all shipping costs. In accordance with applicable law, WeatherCloud may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service.
- Ineligible Sensors
The following instances will render Products ineligible for warranty coverage: (1) Products that have not been used in accordance with the WeatherCloud Terms of Service, End User License Agreement, or product instructions; or (2) Products that have been subject to (a) modifications, alterations, tampering, or improper installation, maintenance, or repairs; (b) abuse or misuse; or (c) breakdowns, fluctuations, interruptions in electric power or the telecommunications network, flood, fire, earthquake, tornado, hurricane, or other external causes. WeatherCloud recommends that you use only authorized service providers for maintenance or repair.
- Disclaimer
EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEATHERCLOUD DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEATHERCLOUD ALSO LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY. EXCEPT AS EXPRESSLY STATED IN THIS LIMITED WARRANTY, PRODUCTS ARE SUPPLIED ON AN “AS IS” BASIS WITHOUT WARRANTY. YOU ASSUME ALL RESPONSIBILITIES FOR SELECTION OF A PRODUCT TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION AND USE OF THE PRODUCT.
- Limitations of Liability
IN NO EVENT WILL WEATHERCLOUD BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS RELATED TO THE PRODUCT OR THIS LIMITED WARRANTY. WEATHERCLOUD’S TOTAL CUMULATIVE LIABILITY ARISING FROM THIS LIMITED WARRANTY WILL NOT EXCEED THE AMOUNT ORIGINALLY PAID BY THE PURCHASER FOR THE PRODUCT.
- Variations
Some jurisdictions do not allow limitations on how long an implied warranty lasts or exclusions/limitations on incidental or consequential damages, so some of the limitations set out above may not apply to you.
- Governing Law
This Limited Warranty shall be governed by the laws of the State of Colorado, U.S.A., without giving effect to any conflict of laws principles.
- Update
This Limited Warranty was last updated on: August 24, 2015.