Last Updated: 5/1/2015
This Hardware Warranty and Disclaimer (the “Warranty”) represents the sole warranty terms between Zuli, Inc. (“Zuli”) and you pertaining to your purchase of the enclosed Zuli Smartplug device (hereinafter, the “Hardware”) with which this Warranty is included. Any applicable warranties or disclaimers related to any other Zuli service or offering, including those services related to the use of Hardware, are found in the Terms of Service related to that particular service or offering. You should only use the Hardware in accordance with the recommendations and specifications in the Zuli Smartplug User Guide and Technical Specifications (the “Specifications”) available at support.zuli.io
Zuli warrants only that the Hardware will be free from defects in material and workmanship for one (1) year (the “Limited Warranty”). Your sole remedy for breach of the Limited Warranty is the return of the allegedly defective Hardware to Zuli at your sole expense, in accordance with instructions provided by Zuli at support.zuli.io You must contact Zuli support before returning any allegedly defective Hardware. If such Hardware is found by Zuli to be defective, Zuli, at Zuli’s sole option, will repair or replace the Hardware with a functionally similar Zuli device within thirty (30) business days of Zuli’s receipt thereof or, if Zuli determines that it is unable to repair or replace the Hardware, Zuli will refund you the purchase price you paid for the defective Hardware. You may be required to furnish proof of purchase details when making a claim under this warranty.
Notwithstanding the foregoing, no warranty, expressed or implied, will extend to any Hardware (i) where identification labels on the Hardware have been removed or altered, (ii) where the purchase price was waived, (iii) that has been subjected to misuse, neglect, accident, improper storage or installation, or other use not in conformance with the Specifications, or (iv) that has been repaired, modified, or altered by anyone other than Zuli. In addition to the foregoing, no warranty, expressed or implied, will cover problems that result from (i) disasters including fire, water, or other acts of nature, (ii) electrical conditions such as those caused by lightning strikes, power fluctuations, electrical surges or outages, or any other such condition that may affect the electricity source; (iii) loss or damage in transit; (iv) failure caused by a product for which Zuli is not responsible; (v) normal wear and tear; (vi) a failure to follow the Specifications; or (vii) any other cause which does not relate to a Hardware defect. You hereby acknowledge and agree that you have not relied on any representations or warranties other than those expressly set forth herein.
Zuli expressly disclaims, and you accept all responsibility for, any damages or costs arising from your installation, use, and removal of the Hardware. Such potential damages include, but are not limited to, damage to the premises where the Hardware is installed, including damage to any finish, paint, or other surface; any damages caused by use of the Hardware outside; and any fees charged by any third parties due to your installation or removal of the Hardware on leased or rented premises.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE HARDWARE IS PROVIDED ON AN “AS IS” BASIS AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ZULI EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY WITH RESPECT TO ZULI HARDWARE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CLIENT ENJOYMENT, ACCURACY, QUALITY, TITLE, OR INFRINGEMENT. ZULI DOES NOT WARRANT THAT THE HARDWARE IS ERROR-FREE OR THAT OPERATION OF SUCH HARDWARE WILL BE SECURE OR UNINTERRUPTED. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD. THE PREVIOUS LIMITATION MAY NOT APPLY TO YOU BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY.
LIMITATION OF LIABILITY. IN NO EVENT SHALL ZULI, ITS AFFILIATES, SUBSIDIARIES, AUTHORIZED RESELLERS, AND THEIR SUPPLIERS BE LIABLE IN CONTRACT, TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE), PRODUCTS LIABILITY, OR ANY OTHER THEORY OF LIABILITY, OR OTHERWISE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, COST OF PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF GOODWILL, DAMAGE OR DESTRUCTION OF DATA, OR OTHER BUSINESS LOSS, EVEN IF ZULI HAS BEEN ADVISED OF SAME.
IN NO EVENT WILL ZULI’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH OR RELATED TO THE HARDWARE, FROM ALL CAUSES OF ACTION OF ANY KIND, INCLUDING BUT NOT LIMITED TO TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY AND BREACH OF WARRANTY, EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT OR ZULI HARDWARE THAT IS THE SUBJECT OF THE CLAIM.
THE LIMITATIONS OF LIABILITY AND EXCLUSIONS OF REMEDIES SET FORTH HEREIN ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE LIMITATIONS IN THIS SECTION 6 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS WARRANTY.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE OR FROM COUNTRY TO COUNTRY. YOU ARE ADVISED TO CONSULT APPLICABLE STATE OR COUNTRY LAWS FOR A FULL DETERMINATION OF YOUR RIGHTS.
NON-TRANSFERABLE. The Warranty is provided to you only and is not transferable to any third party.
GOVERNING LAW; VENUE. This Warranty is governed by the laws of the State of California in the United States of America, without giving effect to provisions related to choice of laws or conflict of laws. The parties specifically disclaim the applicability of the 1980 U.N. Convention on Contracts for the International Sale of Goods. Any dispute between you and Zuli regarding this Warranty will be subject to the exclusive jurisdiction of the state and federal courts located in San Francisco County, California in the United States of America.
ENTIRE AGREEMENT; SEVERABILITY. This Warranty constitutes the sole and exclusive agreement between the parties regarding the Hardware. If any provision of this Warranty is held invalid or unenforceable, the remainder of this Warranty will continue in full force and effect.
REVISIONS. Zuli reserves the right to change the terms of this Warranty at any time without notice. Any changes to this Warranty shall apply only to new products or Hardware purchased after such changes take effect and are made available to you.