1. HARDWARE PRODUCT LIMITED WARRANTY
Subject to the limitations and exclusions below, Control4 Corporation ("Control4") warrants to the end user customer ("Customer") of each new Control4 product ("Control4 Product") that such Control4 Product hardware and components ("Product Hardware"), when used in accordance with the documentation furnished by Control4, either with the Control4 Product or at www.control4.com ("Documentation"), will be free in all material respects of defects in materials and workmanship under normal use ("Limited Warranty") for a period of two (2) years from the date that the applicable Control4 Product was shipped by Control4 ("Hardware Warranty Period").
This Limited Warranty does not cover, and Control4 and its suppliers are not responsible for:
(a) damage, malfunction, or in operability caused by (i) shipping or arising from Customer opening the Control4 Product; (ii) use with non-Control4 products or software; (iii) operation or storage of the Control4 Product outside of the environmental specifications provided by Control; (iv) accident, abuse, neglect, flood, fire, earthquake, electrical surges or other external causes; (v) misuse or operating the Control4 Product outside the permitted or intended uses provided in the Documentation; (vi) use of incorrect voltage lines, fuses, circuit breakers, or incompatible load types; (vii) failure to install, maintain or repair the Control4 Product in accordance with the Documentation and the applicable provisions of law for the jurisdiction where the Control4 Product is being installed, including installation, maintenance, repairs or service performed by anyone other than a Control4 Authorized Dealer ("Dealer"), their representative or a Control4 representative; (viii) a product, part or software that has been modified to alter functionality or capability without the express written permission of Control4; (ix) consumable parts (if any), unless damage occurred due to a defect in materials or workmanship in the Control4 Product; (x) cosmetic damage, including, but not limited to, scratches, dents and normal wear and tear; and (xi) Control4 Product in which the serial number has been removed or defaced;
(b) any on-site labor costs pursuant to the diagnosis, removal, repair, reinstallation, and/or reprograming of the Control4 Product;
(c) any non-Control4 hardware, batteries or software product (manufacturers, suppliers, or publishers, other than Control4, may provide their own warranties to Customer for their products, but Control4, insofar as permitted by law, provides non-Control4 products only "AS IS"); and
(d) the cost of repairing or replacing, or compensation for, any property that is damaged when a Control4 Product does not work properly, even if the damage was caused by a Control4 Product.
3. CUSTOMER'S OBLIGATION TO MAINTAIN LIMITED WARRANTY
This Limited Warranty shall be void for all Control4 Products that are installed, maintained, serviced, or repaired by anyone other than a Dealer, their representative or a Control4 representative.
4. OBTAINING WARRANTY SERVICE
In order to obtain warranty service, Customer must submit a valid claim to Control4. To submit a valid claim a Customer must satisfy the following requirements: (a) provide written notice to a Dealer that describes the location and nature of the non-conformity ("Notice"); (b) provide such Notice (i) within the Hardware Warranty Period, and (ii) within thirty (30) days of discovery of the non-conformity; (c) get a Return Merchandise Authorization ("RMA") number, which is obtained from Control4's Customer Service Department through a Dealer; and (d) mail the defective Control4 Product to Control4 (i) within thirty (30) from the date the RMA was issued (RMA numbers are cancelled if the Control4 Product is not received within the thirty (30) day period), (ii) with the RMA number clearly marked on the outside of each box being sent to Control4. Any shipment that does not meet all of the valid claim requirements will be refused by Control4. Control4 is not responsible for any refused shipments or any damage caused due to shipping, whether or not it was a valid claim. Compliance with these requirements is a condition to coverage under this Limited Warranty.
Upon receipt of a Valid Claim, Control4 will, at its option and to the extent permitted by law, either (a) repair the Product Hardware defect, at no charge, using new or refurbished replacement parts, (b) exchange the applicable Control4 Product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the Control4 Product, or (c) refund the Control4 Product purchase price paid by Customer. A replacement product or part that has been installed by Control4 assumes the remaining warranty of the original Product Hardware or ninety (90) days from the date of replacement or repair, whichever provides longer coverage to Customer. When a product or part is exchanged, any replacement item becomes Customer's property, and the replaced item becomes Control4's property. When a refund is given, the Control4 Product for which the refund is provided must be returned to Control4, and it becomes Control4's property.
Before Customer delivers the Control4 Product for warranty service, it is Customer's responsibility to keep a separate backup copy of the contents and disable any security passwords (if any). THE CONTENTS OF CUSTOMER'S CONTROL4 PRODUCT MAY BE DELETED AND THE STORAGE MEDIA REFORMATTED IN THE COURSE OF WARRANTY SERVICE. The Control4 Product will be returned to Customer configured as originally purchased, subject to applicable updates. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty.
EXCEPT TO THE EXTENT SET FORTH ABOVE IN THIS LIMITED WARRANTY, THE PRODUCTS ARE PROVIDED ON AN "AS IS" BASIS, AND CONTROL4 DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, AND ACCURACY. CONTROL4 DOES NOT WARRANT THAT OPERATION OF THE PRODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT THE PRODUCTS WILL IN EVERY CASE PROCESS ALL DATA CORRECTLY. IN NO EVENT WILL CONTROL4 OR ANY OF ITS SUPPLIERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY (A) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO A BREACH OF THIS LIMITED WARRANTY OR CUSTOMERR OPERATION OR USE OF THE CONTROL4 PRODUCTS THROUGH CUSTOMER'S ACCOUNT OR BY ANYONE ELSE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF DATA OR PROGRAMMING, LOSS OF REVENUE OR PROFITS, OR BUSINESS INTERRUPTION, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, DAMAGE TO EQUIPMENT, AND CLAIMS AGAINST CUSTOMER BY ANY THIRD PERSON, EVEN IF CONTROL4 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (B) DAMAGES (REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR FAILURE BY CONTROL4 TO PERFORM ITS OBLIGATIONS UNDER THIS LIMITED WARRANTY DUE TO ANY CAUSE BEYOND CONTROL4'S REASONABLE CONTROL; OR (C) CLAIMS MADE A SUBJECT OF A LEGAL PROCEEDING AGAINST CONTROL4 MORE THAN ONE YEAR AFTER ANY SUCH CAUSE OF ACTION FIRST AROSE. Control4 does not represent or warrant that product information will be available, accurate, or reliable. Customer uses all applicable product information, services, and the Control4 Product at Customer's discretion and risk. Customer will be solely responsible for any and all loss, liability, or damages, including Customer's appliances, plumbing, home, computer, mobile device, and all other items in Customer's residence or commercial property, resulting from Customer's use of the Control4 Products, product information, or services, even if the damage was caused by Control4 Product.
7. NOT-INTENDED-USE DISCLAIMER
CONTROL4 PRODUCTS ARE NOT INTENDED OR LICENSED FOR AND CONTROL4 SPECIFICALLY DISCLAIMS LIABILITY FOR USE OF THE CONTROL4 PRODUCTS IN CRITICAL CONTROL, ON-LINE CONTROL EQUIPMENT, HAZARDOUS, HIGH RISK OR FAIL-SAFE ACTIVITY SUCH AS IN THE OPERATION OF DIRECT LIFE SUPPORT MACHINES, WEAPONS SYSTEMS, OR OTHER USES IN WHICH FAILURE OF THE SOFTWARE COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
8. LIMITATION OF CONTROL4'S LIABILITY
NOTWITHSTANDING ANY OTHER PROVISION OF THIS LIMITED WARRANTY, CONTROL4'S AND ITS SUPPLIERS' LIABILITIES UNDER THIS LIMITED WARRANTY TO CUSTOMER OR TO THIRD PARTIES, WHETHER UNDER CONTRACT LAW, TORT LAW, WARRANTY, OR OTHERWISE SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE AMOUNTS ACTUALLY RECEIVED BY CONTROL4 FOR THE APPLICABLE CONTROL4 PRODUCTS IN THE TWELVE MONTHS PRIOR TO THE DATE OF THE ACTION GIVING RISE TO THE CLAIM. CUSTOMER UNDERSTAND THAT THESE LIMITATIONS OF CONTROL4'S AND ITS SUPPLIERS' LIABILITY ARE A FUNDAMENTAL PART OF THIS LIMITED WARRANTY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to every Customer. Additionally, this provision is not intended to limit Control4's liability in the event of Control4's willful or intentional misconduct.
This Limited Warranty will be interpreted, construed and enforced in all respects in accordance with the laws of the State of Utah, without reference to its choice of law rules. Control4 and Customer expressly consents and submits to the exclusive jurisdiction of the state and federal district courts located in Salt Lake City, Utah. The U.N. Convention on Contracts for the International Sale of Goods will not apply to this Limited Warranty. If any provision of this Limited Warranty is found to be invalid or unenforceable, then the remainder shall have full force and effect, and the invalid provision shall be partially enforced to the maximum extent permitted by law to effectuate the purposes of this Limited Warranty. Any of the provisions of this Limited Warranty may be waived by the party entitled to the benefit thereof. This Limited Warranty gives Customer specific legal rights and Customer may also have other rights which vary from state to state.
10. MODIFICATIONS TO THIS LIMITED WARRANTY
NO RESELLER, VENDOR, DISTRIBUTOR, DEALER, RETAILER, SALES PERSON OR OTHER PERSON IS AUTHORIZED BY CONTROL4 TO MODIFY THIS LIMITED WARRANTY OR TO MAKE ANY WARRANTY, REPRESENTATION OR PROMISE WHICH IS IN ADDITION TO, DIFFERENT FROM, OR INCONSISTENT WITH THE WARRANTIES, REPRESENTATIONS OR PROMISES EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. A current version of this Limited Warranty can be found by visiting www.control4.com/legal/?show=warranty.