This Latch Hardware Limited Warranty (“Warranty”) sets forth the warranty terms applicable to your Latchable, Inc. (“Latch”) electronic physical access control product (“Hardware”). Please read this Warranty before using the Hardware.
THIS WARRANTY CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY USING THE HARDWARE IN ANY WAY, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LIMITED WARRANTY SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS WARRANTY, DO NOT USE THE HARDWARE.
Latch warrants to the owner of the Hardware that the Hardware, when used normally and in accordance with Latch’s technical specifications and user instructions, will be substantially free from defects in materials and workmanship for a period of: 1 year from the date of purchase for the electronic components of the Hardware, and 5 years from the date of purchase for the mechanical (non-electronic) components of the Hardware (each respective period, the “Warranty Period” for the applicable component). If Hardware is returned to Latch during the applicable Warranty Period in accordance with the terms and conditions of this Warranty, and Latch determines that the Hardware is defective, Latch will either (i) repair the Hardware; (ii) replace the returned Hardware with either a new or a refurbished Hardware unit (each, “Replacement Hardware”) or (iii) refund the original purchase price in return for the Hardware, at Latch’s sole discretion. Additionally, if the Hardware or a component incorporated within it is no longer available, Latch may, at its sole discretion, replace the Hardware with a similar product of similar function (such product shall also be referred to herein as “Replacement Hardware”). The applicable warranties (as set forth in this Warranty) for the Replacement Hardware shall last for the longer of (a) the remaining applicable Warranty Periods of the original Hardware or (b) 6 months from the date of replacement or repair. Latch provides this Warranty (1) only to the person or entity that originally purchased the Hardware from Latch or from one of its authorized resellers or distributors and (2) only for Hardware purchased and delivered within the United States. This section sets forth your sole and exclusive remedy for breach of the warranty set forth in this section.
Latch will have no warranty obligations with respect to any Hardware if Latch determines, in its reasonable discretion, that such Hardware has been damaged due to (i) misuse, accident (including, without limitation, collision, fire and the spillage of liquid or food), neglect, abuse, alteration, unusual stress or modification; (ii) improper or unauthorized repair, installation, testing, or storage; (iii) operation of the Hardware outside the permitted or intended uses described by Latch; (iv) use with third party products for which the Hardware was not intended for use in conjunction with; (v) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network or (vi) acts of God and other forces beyond Latch’s reasonable control, such as internet or power outages, wars, riots, terrorism, labor disputes, earthquakes, floods or other events of “force majeure.” This Warranty does not apply to consumable parts (such as batteries), Hardware marked as “sample” or “Not for Sale” or Hardware that is sold “AS IS”. Unauthorized use of the Hardware or software embedded therein can impair the Hardware’s performance and may invalidate this Warranty.The Hardware is not an ANSI or BHMA certified door lock. The Hardware must be correctly installed and kept in good condition. You assume all risk associated with use of the Hardware, including with any third party parts, components, hardware, software and services you select, including without limitation regarding the suitability, installation and performance thereof.
When Hardware is exchanged, any replacement item becomes your property and the replaced item becomes Latch’s property. When a refund is given, the Hardware for which the refund is provided must be returned to Latch and becomes Latch’s property.
Warranty Return Policy
Hardware must be returned during the applicable Warranty Period, in accordance with the return procedure set forth at the Terms of Service to be eligible for repair, replacement or refund under the Warranty. The Hardware owner will be responsible for all shipping costs for Hardware that is returned and determined by Latch to be ineligible. When filing a claim under the Warranty, you must specify and provide sufficient detail about the alleged defect or nonconformity.
DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED IN THIS WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, (I) LATCH DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (II) LATCH LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY; (III) YOU USE THE HARDWARE AT YOUR OWN DISCRETION AND RISK AND (IV) YOU WILL BE SOLELY RESPONSIBLE FOR (AND LATCH DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR HOME, DEVICES, OR PROPERTY, RESULTING FROM YOUR USE OF THE HARDWARE, SERVICES, OR INFORMATION PROVIDED IN CONNECTION THEREWITH.
LIMITATION OF DAMAGES
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER LATCH NOR ITS SUPPLIERS SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS OR CONDITIONS RELATED THERETO UNDER ANY BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY (I) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR (II) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOSS OF REVENUES, LOSS OF PROFITS. THE FOREGOING SHALL APPLY EVEN IF LATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LATCH’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE HARDWARE BY THE ORIGINAL PURCHASER. CERTAIN STATES, PROVINCES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Your Rights and This Warranty
This Warranty gives you specific legal rights. You may also have other legal rights that vary by state, province or jurisdiction. The disclaimers, exclusions, and limitations of liability under this Warranty will not apply to the extent prohibited by applicable law. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction and you may wish to contact a relevant consumer advisory service.