This Limited Warranty applies to iotGizmo products purchased after June 21, 2018.
Limited Warranty
Thank you for your interest in the products and services of iotGizmo Corporation (“iotGizmo”).
THIS LIMITED WARRANTY APPLIES TO PHYSICAL GOODS, AND ONLY TO PHYSICAL GOODS, PURCHASED FROM IOTGIZMO (THE “PHYSICAL GOODS”).
TOTAL SATISFACTION RETURN POLICY
If you are the original purchaser of the Physical Goods and you are not satisfied with the Physical Goods for any reason, you may return it in its original condition and packaging within thirty (30) days of the original purchase date and elect to receive a full refund or exchange the product for another one of equal or lesser value, be it similar or not. A free return shipping label can be provided by iotGizmo upon request.
WHAT THIS LIMITED WARRANTY COVERS
iotGizmo warrants to the purchaser or owner of the Physical Goods that the Physical Goods will be free from defects in materials or workmanship under normal use for a period of two (2) years from the date of the original purchase (the “Warranty Period”). If the Physical Goods fails to conform to this Limited Warranty during the Warranty Period, iotGizmo will, at its sole discretion, and at no charge, either (a) repair or replace any defective Physical Goods or component; or (b) accept the return of the Physical Goods and refund the money actually paid by the original purchaser for the Physical Goods. Repair or replacement may be made with a new or refurbished product or components, at iotGizmo’s sole discretion.
If the Physical Goods or a component incorporated within it is no longer available, iotGizmo may, at iotGizmo’s sole discretion, replace the Physical Goods with a similar product of similar function. This is your sole and exclusive remedy for breach of this Limited Warranty. Any Physical Goods that has either been repaired or replaced under this Limited Warranty will be covered by the terms of this Limited Warranty for the longer of (a) the remaining Warranty Period for the original purchase, or (b) ninety (90) days from the date of delivery of the repaired Physical Goods or replacement Physical Goods. This Limited Warranty is transferable from the original purchaser to subsequent owners, but the Warranty Period will not be extended in duration or expanded in coverage for any such transfer.
If any provision of this Limited Warranty is, for any reason, held to be invalid or unenforceable, the other provisions of this Limited Warranty will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
WHAT THIS LIMITED WARRANTY DOES NOT COVER
This Limited Warranty does not cover the following (collectively “Ineligible Physical Goods”): (i) Physical Goods marked as “sample” or “Not for Sale”, or sold “AS IS”; (ii) any non-iotGizmo branded hardware products, even if packaged or sold with iotGizmo hardware. (iii) Physical Goods that have been subject to: (a)
modifications, alterations, tampering, or improper maintenance or repairs; (b) handling, storage, installation, testing, or use not in accordance with the User’s Guide or other instructions provided by iotGizmo; (c) abuse, misuse or damage; (d) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; or (e) Acts of God, including but not limited to lightning, flood, tornado, earthquake, or hurricane; This Limited Warranty does not cover consumable parts, including batteries, unless damage is due to defects in materials or workmanship of the Physical Goods. This Limited Warranty does not cover cosmetic damage, including but not limited to scratches and dents. This Limited Warranty does not cover software (even if packaged or sold with the product). This Limited Warranty does not cover Physical Goods that are stolen or Physical Goods where you cannot demonstrate authorized access or furnish proof of purchase. Unauthorized use of the Physical Goods or software can impair the Physical Goods’ performance and may invalidate this Limited Warranty.
HOW TO MAKE A CLAIM UNDER THIS LIMITED WARRANTY
Before receiving warranty service, iotGizmo or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow iotGizmo’s procedures for obtaining warranty service. To make a claim under this Limited Warranty, the owner of the Physical Goods must (a) notify iotGizmo of the intention to claim by contacting iotGizmo either via email to
support@iotgizmo.com or by sending a message to iotGizmo via the
Contact Us page during the Warranty Period and providing a description of the alleged failure, and (b) comply with iotGizmo’s return shipping instructions. iotGizmo will have no warranty obligations with respect to a returned Physical Goods if it determines, in its reasonable discretion after examination of the returned Physical Goods, that the Physical Goods is Ineligible Physical Goods. iotGizmo will bear all costs of return shipping to owner and will reimburse any shipping costs incurred by the owner, as long as iotGizmo shipping instructions are followed, except with respect to any Ineligible Physical Goods, for which owner will bear all shipping costs.
DISCLAIMER OF WARRANTIES
Except as stated above in this Limited Warranty, and to the maximum extent permitted by law, iotGizmo disclaims all express, implied, and statutory warranties and conditions with respect to the Physical Goods, including the implied warranties of merchantability and fitness for a particular purpose. To the maximum extent permitted by law, iotGizmo also limits the duration of any applicable implied warranties or conditions to the duration of this Limited Warranty.
LIMITATION OF LIABILITY
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL IOTGIZMO BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOST TIME, LOST REVENUE OR PROFITS, LOST SAVINGS, LOST OPPORTUNITY OR LOST DATA, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY, AND IOTGIZMO’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY WILL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PHYSICAL GOODS BY THE ORIGINAL PURCHASER.
IOTGIZMO ONLINE SERVICES (“SERVICES”) PROVIDE YOU INFORMATION (“INFORMATION”) REGARDING YOUR PHYSICAL GOODS OR OTHER PERIPHERALS CONNECTED TO YOUR PHYSICAL GOODS (“PERIPHERALS”). THE TYPE OF PERIPHERALS THAT MAY BE CONNECTED TO YOUR PHYSICAL GOODS OR SERVICES MAY CHANGE FROM TIME TO TIME. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, ALL INFORMATION IS PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND “AS AVAILABLE”. IOTGIZMO DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT INFORMATION WILL BE AVAILABLE, ACCURATE, OR RELIABLE. YOU USE ALL INFORMATION, THE SERVICES, AND THE PHYSICAL GOODS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND IOTGIZMO DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING BUT NOT LIMITED TO YOUR WIRING, FIXTURES, ELECTRICITY, HOME, PERIPHERALS, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE INFORMATION, SERVICES, OR PHYSICAL GOODS.
YOUR RIGHTS AND THIS LIMITED WARRANTY
This Limited Warranty gives you specific legal rights. You may also have other legal rights that vary by state, province, or jurisdiction. Likewise, some of the limitations in this Limited Warranty may not apply in certain states, provinces or jurisdictions. The terms of this Limited Warranty will apply to the extent permitted by applicable law. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction and you may wish to contact a relevant consumer advisory service.
