Altro Smart, Inc. One (1) Year Limited Warranty
IMPORTANT: THANK YOU FOR PURCHASING THE ALTROSMART SMART LOCK (THE “ALTROSMART DEVICE”). BY INSTALLING OR USING THE ALTROSMART DEVICE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS ALTROSMART ONE (1) YEAR LIMITED WARRANTY (THIS “WARRANTY”) AS SET OUT BELOW. DO NOT USE THE ALTROSMART DEVICE UNTIL YOU HAVE READ THE TERMS OF THIS WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THIS WARRANTY, DO NOT USE THE ALTROSMART DEVICE AND RETURN IT IN ITS ORIGINAL, UNUSED CONDITION, AND IN ITS ORIGINAL PACKAGING, IN ACCORDANCE WITH ALTROSMART’S RETURN POLICY (LOCATED AT [insert link]) (THE “ALTROSMART RMA POLICY”), WITHIN THIRTY (30) DAYS (OR SUCH LONGER PERIOD IF REQUIRED BY APPLICABLE LAW, BUT IN ANY EVENT NOT FOR A PERIOD LONGER THAN THE WARRANTY PERIOD (AS DEFINED BELOW)) FROM THE DATE OF ORIGINAL PURCHASE TO ALTROSMART OR THE ALTROSMART AUTHORIZED RESELLER WHERE YOU PURCHASED IT FOR A REFUND.
THE ALTROSMART DEVICE REQUIRES THE USE OF: (1) THE SOFTWARE EMBEDDED IN THE ALTROSMART DEVICE (THE “ALTROSMART FIRMWARE”); (2) THE ALTROSMART MOBILE APPLICATION WHICH MAY BE DOWNLOADED FROM THE IOS STORE OR ANDROID STORE (THE “ALTROSMART APPLICATION”); AND (3) THE ALTROSMART ONLINE SERVICES AVAILABLE THROUGH THE ALTROSMART APPLICATION AFTER YOU REGISTER FOR YOUR ACCOUNT ON THE ALTROSMART APP (“ACCOUNT”) AND YOU ADD EACH ALTROSMART DEVICE YOU PURCHASED TO YOUR ACCOUNT (COLLECTIVELY, THE “ALTROSMART SERVICES”). THE ALTROSMART FIRMWARE IS GOVERNED BY THE ALTROSMART FIRMWARE LICENSE TERMS AND CONDITIONS CONTAINED IN THE ALTROSMART TERMS OF SERVICE AVAILABLE AT (THE “ALTROSMART TOS”). THE ALTROSMART APPLICATION IS GOVERNED BY THE TERMS AND CONDITIONS CONTAINED IN THE LICENSE AGREEMENT ACCOMPANIYING THE ALTROSMART APPLICATION (THE “ALTROSMART APPLICATION LICENSE AGREEMENT”). THE ALTROSMART SERVICES ARE GOVERNED BY THE TERMS AND CONDITIONS CONTAINED IN THE [ALTROSMART TOS] . IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THE [ALTROSMART TOS] OR [ALTROSMART APPLICATION LICENSE AGREEMENT] , DO NOT USE THE ALTROSMART DEVICE AND RETURN IT IN ITS ORIGINAL, UNUSED CONDITION, AND IN ITS ORIGINAL PACKAGING, IN ACCORDANCE WITH THE ALTROSMART RETURN POLICY, WITHIN THIRTY (30) DAYS (OR SUCH LONGER PERIOD IF REQUIRED BY APPLICABLE LAW, BUT IN ANY EVENT NOT FOR A PERIOD LONGER THAN THE WARRANTY PERIOD (AS DEFINED BELOW)) FROM THE DATE OF ORIGINAL PURCHASE TO ALTROSMART OR THE ALTROSMART AUTHORIZED RESELLER WHERE YOU PURCHASED IT FOR A REFUND.
SATISFACTION RETURN POLICY
If you are not satisfied with the ALTROSMART DEVICE for any reason, you may return it in its original, unused condition, and in its original packaging, in accordance with the AltroSmart RMA Policy, within thirty (30) days (or such longer period if required by applicable law, but in any event not for a period longer than the Warranty Period) from the date of original purchase to ALTROSMART or the ALTROSMART authorized reseller where you purchased it for a refund.
HOW CONSUMER LAW RELATES TO THIS WARRANTY
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). OTHER THAN AS PERMITTED BY APPLICABLE LAW, ALTROSMART 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.
WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE 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. ALTROSMART DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, ALTROSMART LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT ALTROSMART’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. SOME STATES (COUNTRIES AND 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?
ALTROSMART, Inc., a Delaware corporation (“ALTROSMART”), with offices at 16192 Coastal Highway, Lewes, DE 19958 warrants solely to the end user purchasing the AltroSmart Device against defects in materials and workmanship when used normally in accordance with ALTROSMART’s published guidelines for a period of ONE (1) YEAR from the date of original purchase from an ALTROSMART authorized reseller (the “Warranty Period”). ALTROSMART’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.
WHAT IS COVERED BY THIS WARRANTY?
This Warranty does not apply to non-ALTROSMART branded accessories (if any), even if packaged or sold with the ALTROSMART DEVICE.
Software distributed by ALTROSMART with or without the ALTROSMART brand (including, but not limited to the ALTROSMART FIRMWARE) is not covered by this Warranty. Please refer to the ALTROSMART FIRMWARE license terms and conditions in the [ALTROSMART TOS] and the [ALTROSMART APPLICATION LICENSE AGREEMENT] for details of your rights with respect to the use of the ALTROSMART FIRMWARE and ALTROSMART APPLICATION, respectively. You understand that the ALTROSMART DEVICE requires the use of the ALTROSMART FIRMWARE and ALTROSMART APPLICATION. ALTROSMART is not responsible for the non-performance of the ALTROSMART DEVICE if you fail to agree to the [ALTROSMART TOS] and the [ALTROSMART APPLICATION LICENSE AGREEMENT] .
This Warranty does not apply to the ALTROSMART SERVICES. You understand that the ALTROSMART DEVICE requires the use of the ALTROSMART SERVICES. ALTROSMART is not responsible for the non-performance of the ALTROSMART DEVICE if you fail to agree to the [ALTROSMART TOS].
This Warranty does not apply: (a) to consumable parts, such as batteries; (b) to protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (c) to cosmetic damage, including but not limited to scratches, dents and broken plastic unless failure has occurred due to a defect in materials or workmanship; (d) to damage caused by use with a third party component, product, service or system not provided by ALTROSMART; (e) to damage caused by accident, abuse, misuse, negligence, fire, liquid contact, or other external cause; (f) to damage caused by “acts of God” and other forces beyond our reasonable control, such as, but not limited to, wars, riots, terrorism, labor disputes, earthquakes, floods, internet or power outages, or power surges or voltage fluctuations; (g) to damage caused by use of the ALTROSMART DEVICE for purposes other than for which the ALTROSMART DEVICE was designed or intended, or use in improper temperature, humidity or other environmental conditions, or use or operation of the ALTROSMART DEVICE outside ALTROSMART’s published guidelines for the ALTROSMART DEVICE you purchased; (h) to damage arising from failure to follow instructions relating to the ALTROSMART DEVICE’s installation and/or use; (i) to damage caused by service (including upgrades and expansions) performed by anyone other than ALTROSMART or an ALTROSMART authorized service provider; (j) to an ALTROSMART DEVICE that has been modified to alter functionality or capability without the written permission of ALTROSMART; (k) to defects caused by normal wear and tear or otherwise due to the normal aging of the ALTROSMART DEVICE; (l) if any serial number has been removed or defaced from the ALTROSMART DEVICE; (m) if ALTROSMART receives information from relevant public authorities that the ALTROSMART DEVICE has been damaged, stolen, or if you are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorized access to the ALTROSMART DEVICE, and you cannot prove in any way that you are the authorized user of the ALTROSMART DEVICE (e.g. by presenting proof of purchase); or (n) to commercial use of the ALTROSMART DEVICE or use of the ALTROSMART DEVICE other than for personal purposes.
IMPORTANT: The ALTROSMART DEVICE is not an ANSI or BHMA certified door lock and must be correctly installed and used with a certified door lock that is operating in good condition. The ALTROSMART DEVICE and ALTROSMART SERVICES are not a home alarm, monitoring, or security system. The ALTROSMART DEVICE and ALTROSMART SERVICES are not an emergency notification system. ALTROSMART is not responsible for preventing criminal activity or for dispatching emergency authorities to your home in the event of an emergency or an unauthorized use of the ALTROSMART DEVICE or ALTROSMART SERVICES. This warranty does not apply to, and the ALTROSMART DEVICE and ALTROSMART SERVICES should not be used as a replacement for, your door lock, home alarm, monitoring or security systems. You assume all risk associated with the suitability, installation and performance of the door lock and other third party components, hardware, software and services that you select, including your home alarm, monitoring and security systems.
This warranty does not apply to, and warranty services do not include, customer training or education, installation, set up or adjustment, signal or reception problems.
ALTROSMART may restrict warranty service for the ALTROSMART DEVICE to the country where ALTROSMART or ALTROSMART authorized distributors or ALTROSMART authorized resellers originally sold the ALTROSMART DEVICE. Currently, ALTROSMART, ALTROSMART authorized distributors, and/or ALTROSMART authorized resellers sell ALTROSMART DEVICES only in the following countries: United States, Canada, and Mexico.
Before receiving warranty service, ALTROSMART or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow ALTROSMART’s procedures for obtaining warranty service.
Following warranty service your ALTROSMART DEVICE or a replacement ALTROSMART DEVICE will be delivered to you as your ALTROSMART DEVICE was configured when originally purchased, subject to applicable updates. ALTROSMART may install system software updates as part of warranty service that will prevent the ALTROSMART DEVICE from reverting to an earlier version of the system software. 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.
IMPORTANT: Do not open the ALTROSMART DEVICE. Opening the ALTROSMART DEVICE may cause damage that is not covered by this Warranty. Only ALTROSMART or an ALTROSMART authorized service provider should perform service on your ALTROSMART DEVICE.
WHAT WILL ALTROSMART DO IN THE EVENT THE WARRANTY IS BREACHED?
If during the Warranty Period you submit a claim to ALTROSMART or an ALTROSMART authorized service provider in accordance with this Warranty, ALTROSMART will, at its option:
(i) repair the ALTROSMART DEVICE using new or previously used parts that are equivalent to new in performance and reliability,
(ii) replace the ALTROSMART DEVICE with the same model (or with your consent an ALTROSMART DEVICE that has similar functionality) formed from new and/or previously used parts that are equivalent to new in performance and reliability, or
(iii) exchange the ALTROSMART DEVICE for a refund of your purchase price.
ALTROSMART may request that you replace certain user-installable parts of your ALTROSMART DEVICE. A replacement part or ALTROSMART DEVICE, including a user-installable part that has been installed in accordance with instructions provided by ALTROSMART, assumes the remaining portion of the Warranty Period or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When an ALTROSMART DEVICE or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes ALTROSMART’s property.
HOW TO OBTAIN WARRANTY SERVICE?
Please access and review ALTROSMART’s help resources available at [support page] and/or available by clicking the “Help/Support” button located in the user interface of the ALTROSMART APPLICATION before seeking warranty service. If the ALTROSMART DEVICE is still not functioning properly after making use of these resources, please contact an ALTROSMART representative or the ALTROSMART authorized reseller where you purchased the ALTROSMART DEVICE or an ALTROSMART authorized service provider in the country, state, or province, in which you purchased the ALTROSMART DEVICE, using the information provided below. An ALTROSMART representative or ALTROSMART authorized service provider will help determine whether your ALTROSMART DEVICE requires warranty service and, if it does, will inform you how ALTROSMART will provide it. When contacting ALTROSMART, an ALTROSMART authorized reseller, or an ALTROSMART authorized service provider, via telephone, other charges may apply depending on your location.
IMPORTANT: If you submit a claim that is not covered by this Warranty or if you submit a claim after the expiration of the Warranty Period, you understand and agree that any services provided by ALTROSMART to repair or replace your ALTROSMART DEVICE, and any associated charges such as, but not limited to, shipment charges, will be solely at your cost.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE 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. ALTROSMART 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 MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, ALTROSMART LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT ALTROSMART’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED ABOVE. SOME STATES (COUNTRIES AND 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.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALTROSMART AND ITS AFFILIATES, DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES (COLLECTIVELY, “ALTROSMART PARTIES”) ARE NOT RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR FOR LOSS OF, DAMAGE TO, OR REPLACEMENT OF, PROPERTY, RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY.
SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IMPORTANT: ALTROSMART does not represent that the ALTROSMART DEVICE may not be compromised or circumvented; that the ALTROSMART DEVICE will prevent any personal injury (including death) or property loss; or that the ALTROSMART DEVICE will in all cases provide adequate protection or any warning. You understand that the ALTROSMART DEVICE may be interrupted, circumvented, or otherwise compromised, including, without limitation, as a result of equipment designed or used by a third party for the purpose of gaining unauthorized access to or otherwise affecting or controlling the ALTROSMART DEVICE (including any camera).
CONSEQUENTLY, NO ALTROSMART PARTY, SHALL HAVE ANY LIABILITY FOR ANY PROPERTY DAMAGE, PERSONAL INJURY (INCLUDING DEATH), ECONOMIC LOSSES OR ANY OTHER FORM OF LOSS, DAMAGE, COST OR EXPENSE, ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY A CLAIM THAT THE ALTROSMART DEVICE FAILED TO PROVIDE ADEQUATE PROTECTION OR ANY WARNING. HOWEVER, IF ANY ALTROSMART PARTY IS HELD LIABLE, WHETHER DIRECTLY OR INDIRECTLY, FOR ANY LOSS ARISING OUT OF OR IN CONNECTION WITH, DUE TO, OR CAUSED IN WHOLE OR IN PART BY THIS WARRANTY OR OTHERWISE, THE AGGREGATE CUMULATIVE LIABILITY OF ALL ALTROSMART PARTIES, SHALL BE LIMITED TO THE PURCHASE PRICE PAID BY YOU FOR THE ALTROSMART DEVICE, WHICH SHALL BE THE COMPLETE AND EXCLUSIVE REMEDY AGAINST THE ALTROSMART PARTIES. YOU ACKNOWLEDGE AND AGREE THAT IT IS IMPRACTICAL AND EXTREMELY DIFFICULT TO DETERMINE THE ACTUAL DAMAGES, IF ANY, THAT MAY RESULT FROM A FAILURE OF THE ALTROSMART DEVICE. THE PURCHASE PRICE OF THE ALTROSMART DEVICE IS NOT A PENALTY, AND IS THE SOLE REMEDY.
No ALTROSMART reseller, distributor, contractor, employee, or agent, 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 ALTROSMART DEVICE was originally purchased. ALTROSMART or its successor in title is the warrantor under this Warranty.