exclusions not covered by this limited warranty

This Limited Warranty does not cover, and PoEWit and its suppliers are not responsible for:                  

Damage, malfunction, or inoperability of the PoEWit Product caused by (i) shippers or delivery services, or due to Customer improperly opening the PoEWit Product packaging; (ii) operation or storage of the PoEWit Product outside of the environmental specifications provided in the Documentation; (iii) accident, abuse, neglect, flood, fire, earthquake, electrical surges or other external causes; (iv) misuse or operating the PoEWit Product outside the permitted or intended uses provided in the Documentation; (v) use of incorrect voltage lines, fuses, circuit breakers, or incompatible load types as set forth in the Documentation (vi) failure to install, maintain or repair the PoEWit Product in accordance with the Documentation and the applicable provisions of law for the jurisdiction where the PoEWit Product is being installed; (vii) a product, part or software that has been modified to alter functionality or capability without the express written permission of PoEWit; (viii) consumable parts (if any), unless damage occurred due to a defect in materials or workmanship in the PoEWit Product; (ix) cosmetic damage, including, but not limited to, scratches, dents and normal wear and tear; and (x) PoEWit Product in which the serial number has been removed or defaced;

any on-site labor costs incurred by Customer for the diagnosis, removal, repair, reinstallation, and/or reprograming of the PoEWit Product;

any non-PoEWit hardware, batteries or software product (manufacturers, suppliers, or publishers, other than PoEWit, may provide their own warranties to Customer for their products, but PoEWit, insofar as permitted by law, provides non-PoEWit Products only “AS IS”); and

the cost of repairing or replacing, or compensation for, any property that is damaged when a PoEWit Product does not work properly, even if the damage was   caused by a PoEWit Product. (See Section 10 for additional details about this exclusion.) 

additional warranty limitations

POEWIT DOES NOT WARRANT THAT OPERATION OF THE POEWIT PRODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT THE POEWIT PRODUCTS WILL IN EVERY CASE PROCESS ALL DATA CORRECTLY. CUSTOMER ACKNOWLEDGES THAT POEWIT DOES NOT CONTROL CUSTOMER’S EQUIPMENT OR THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET. POEWIT, ITS AFFILIATES SUPPLIERS AND OTHER PROVIDERS ARE NOT RESPONSIBLE FOR ANY LIMITATION, INTERRUPTIONS, DELAYS, CANCELLATIONS, DELIVERY FAILURES, DATA LOSS, CONTENT CORRUPTION, PACKET LOSS, OR OTHER DAMAGE INHERENT IN THE USE OF COMMUNICATIONS EQUIPMENT. POEWIT DOES NOT WARRANT THE PRODUCT TO BE IMMUNE FROM VIRUSES, INTRUSION OR ATTACK. 


PoEWit does not represent or warrant that product information will be available, accurate, or reliable. Customer uses all applicable product information, services, and the PoEWit 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, electrical wiring, wired or wireless networks, home, computers, mobile devices, and all other items in Customer’s residence or commercial property, resulting from Customer’s use of the PoEWit Products, product information, or services, even if the damage was caused by PoEWit Product. (See Section 10 for additional details about these limitations.)

  not-intended-use disclaimer

POEWIT PRODUCTS ARE NOT INTENDED OR LICENSED FOR AND POEWIT SPECIFICALLY DISCLAIMS LIABILITY FOR USE OF THE POEWIT 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 INJUR Y, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.

 obtaining warranty service

In order to obtain warranty service, Customer must submit a valid claim to PoEWit. To submit a valid claim a Customer must complete the following requirements (“Valid Claim”): (a) provide written notice to a Dealer that describes the location of the PoEWit Product and nature of the non-conformity, and includes proof of the Customer’s purchase date (“Notice”); (b) provide such Notice (i) within the Hardware Warranty Period, and (ii) within thirty (30) days of discovery of the non-conformity; (c) obtain a Return Merchandise Authorization (“RMA”) number from a Dealer, and (d) securely pack and ship the defective PoEWit Product to the Dealer that provided the RMA, Customer assumes all costs and risks associated with transportation (i) within thirty (30) days from the date the RMA was issued (RMA numbers may be cancelled if the PoEWit Product is not received by the Dealer within the thirty (30) day period), (ii) with the RMA number clearly marked on the outside of each box being returned. Any shipment that does not meet all of the Valid Claim requirements may be refused by PoEWit. PoEWit is not responsible for any refused shipments or any damage caused due to shipping, whether or not it was a Valid Claim. Customer shall be responsible for return shipment charges for Product returned where PoEWit determines there is no defect with the product, or that product is not eligible for   warranty service under this Limited Warranty. Compliance with these requirements is a condition to coverage under this Limited Warranty. 

Upon receipt of a Valid Claim, PoEWit 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 PoEWit 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 PoEWit Product, or (c) refund the PoEWit Product purchase price paid by Customer. A replacement product or part that has been installed by PoEWit assumes the remaining Hardware Warranty Period (plus the period from the date the PoEWit Product is shipped for warranty service until the return date when the PoEWit Product is received by the Customer during which the Customer’s PoEWit Product was undergoing warranty service) 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 PoEWit’s property. When a refund is given, the PoEWit Product for which the refund is provided must be returned to PoEWit, and it becomes PoEWit’s property.

backup

Before Customer delivers the PoEWit 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 POEWIT PRODUCT MAY BE DELETED AND THE STORAGE MEDIA REFORMATTED IN THE COURSE OF WARRANTY SERVICE. The PoEWit 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.

WARRANTY DISCLAIMER 

UPON EXPIRATION OF THIS LIMITED WARRANTY, POEWIT DISCLAIMS AND WILL NOT BE RESPONSIBLE FOR ANY OTHER WARRANTY, INCLUDING EXPRESS AND IMPLIED WARRANTIES. THIS MEANS THAT TO THE EXTENT ALLOWED BY LAW, COMMENCING ON THE APPLICABLE POEWIT LIMITED WARRANTY EXPIRATION DATE, ALL POEWIT PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, AND POEWIT DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE POEWIT 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, QUALITY OF SERVICE OR RESULTS, AVAILABILITY, SATISFACTORY QUALITY, ACCURACY AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE IN CONNECTION WITH SUCH PRODUCTS AND SERVICES. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

a) limitation of customer remedies

IN NO EVENT WILL POEWIT 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 CUSTOMER OPERATION OR USE OF THE POEWIT PRODUCTS THROUGH CUSTOMER’S ACCOUNT OR BY ANYONE ELSE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF DATA, CONTENT OR PROGRAMMING, COSTS OF REPLACEMENT OR SUBSTITUTE PRODUCTS, LOSS OF REVENUE OR PROFITS, OR BUSINESS INTERRUPTION, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, DAMAGE TO GOOD WILL OR REPUTATION, DAMAGE TO EQUIPMENT, AND CLAIMS AGAINST CUSTOMER BY ANY THIRD PERSON, EVEN IF POEWIT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (B) DAMAGES (REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR FAILURE BY POEWIT TO PERFORM ITS OBLIGATIONS UNDER THIS LIMITED WARRANTY DUE TO ANY CAUSE BEYOND POEWIT’S REASONABLE CONTROL; OR (C) CLAIMS MADE A SUBJECT OF A LEGAL PROCEEDING AGAINST POEWIT MORE THAN ONE YEAR AFTER ANY SUCH CAUSE OF ACTION FIRST AROSE.

B) limitation of poewit's liability 

NOTWITHSTANDING ANY OTHER PROVISION OF THIS LIMITED WARRANTY, POEWIT’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 POEWIT FOR THE APPLICABLE POEWIT PRODUCTS IN THE TWELVE MONTHS PRIOR TO THE DATE OF THE ACTION GIVING RISE TO THE CLAIM. CUSTOMER UNDERSTAND THAT THESE LIMITATIONS OF POEWIT’S AND ITS SUPPLIERS’ LIABILITY ARE A FUNDAMENTAL PART OF THIS LIMITED WARRANTY. 

Additionally, this provision is not intended to limit PoEWit’s liability in the event of PoEWit’s willful or intentional misconduct.

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.

legal procedures

   

To the extent permitted by law, this Limited Warranty will be interpreted, construed and enforced in all respects in accordance with the laws of the State of Florida, without reference to its conflict of laws rules. 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 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.

modifications to this limited warranty

NO RESELLER, VENDOR, DISTRIBUTOR, DEALER, RETAILER, SALES PERSON OR OTHER PERSON IS AUTHORIZED BY POEWIT 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  http://PoEWit.com/legal    . 

state law exceptions

This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.