LIMITED WARRANTY
Provided with each Smart Home Security
Subscriber Agreement ("Agreement”); see Section 7
A) WE PROVIDE A (i) ONE (1) YEAR LIMITED WARRANTY THAT COVERS ANY PART OF THE SYSTEM THAT PROVES TO BE DEFECTIVE IN MATERIAL; AND (ii) NINETY (90) DAY LIMITED WARRANTY FOR SYSTEM INSTALLATION OR REPAIR SERVICE THAT PROVES TO BE DEFECTIVE IN WORKMANSHIP (COLLECTIVELY, “LIMITED WARRANTY”). THE LIMITED WARRANTY IS EXTENDED ONLY TO THE ORIGINAL SUBSCRIBER OF THE SYSTEM OR SERVICES AND MAY BE ENFORCED ONLY BY SUCH PERSON.
B) EXCEPT FOR THE LIMITED WARRANTY, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE SYSTEM OR SERVICES, INCLUDING ALL OTHER EXPRESS WARRANTIES AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. ORIGINAL SUBSCRIBER’S EXCLUSIVE REMEDY UNDER THE LIMITED WARRANTY IS REPAIR OR REPLACEMENT. ANY ACTION AGAINST US IN CONNECTION WITH THE SYSTEM OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. NOTHING CONTAINED IN THIS AGREEMENT IS INTENDED TO EXCLUDE, MODIFY OR OTHERWISE LIMIT ANY WARRANTY OR DAMAGES FOR ANY BREACH OF ANY WARRANTY, INCLUDING THE WARRANTIES FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE EXTENT PROHIBITED IN YOUR STATE.
C) THE LIMITED WARRANTY DOES NOT APPLY TO, AND WE OTHERWISE MAKE NO WARRANTY FOR: (1) DAMAGE RESULTING FROM ACCIDENTS, ALTERATIONS, MISUSE, TAMPERING, OR ABUSE; (2) FAILURE TO PROPERLY FOLLOW INSTRUCTIONS FOR INSTALLATION AND OPERATION OF THE SYSTEM IN THE OPERATIONS DOCUMENTS, INCLUDING INSTALLATION INSTRUCTIONS; (3) NORMAL WEAR AND TEAR; AND (4) DAMAGE ATTRIBUTABLE TO ANY CAUSE BEYOND OUR REASONABLE CONTROL.
D) Products manufactured by a third party (“Third Party Product”) may constitute, contain, or be contained in, incorporated into, attached to or packaged together with, the System. Third Party Products shall not be subject to the Limited Warranty.
EXTENDED 3 YEAR WARRANTY
Available to eligible subscribers; requires purchase of extended warranty.
The warranty coverage for the System in Section 7(a)(i) of the Agreement shall be extended from 1 year to 36 months and Section 7(a)(ii) shall be extended from ninety (90) days to 36 months (“Extended Warranty Term”). If any new purchases of components to the System are made after the date of the Addendum Effective Date, such components shall only be covered under the extended warranty for the duration of the Extended Warranty Term. For such components only, if the Extended Warranty Term expires 12 months or less after such components were purchased, then the 1 year warranty provided in Section 7(a)(i) of the Agreement shall still apply to those components, and it will commence on the date of the purchase of those components and will extend for 1 year after such purchase.