1. LIMITED WARRANTY AND DISCLAIMERS
Universal Remote Control, Inc. (“URC”) warrants that URC equipment purchased directly from URC or from an authorized URC dealer or distributor shall be free from defects in material and workmanship under normal usage for a period of one (1) year from the date of purchase of the product by the end-user, but no longer than thirty-six (36) months from the date of shipment of the URC equipment by URC to an authorized URC dealer or distributor, except that with respect to Total Control® whole-house products, the warranty extends for two (2) years from the date of purchase by the end-user, but no longer than forty-eight (48) months from the date of shipment of the URC equipment by URC to an authorized URC dealer or distributor.
This limited warranty is valid only in the United States of America.
URC equipment purchased from other than an authorized URC dealer or distributor is without warranty.
URC warrants that the software will substantially conform in any material respect to its functional specifications at the time of delivery. URC SHALL NOT BE LIABLE FOR OPERATIONAL, TECHNICAL OR EDITORIAL ERRORS AND/OR OMISSIONS MADE IN THE URC DOCUMENTATION. URC DOES NOT WARRANT THAT THE URC SOFTWARE IS BUG-FREE OR ERROR FREE OR THAT THERE ARE NO ERRORS/BUGS IN THE URC SOFTWARE.
URC warrants that at the time of purchase the URC equipment and the URC software complied with all applicable regulations and policies of the Federal Communications Commission (“FCC”) regarding electromagnetic interference caused by electronic/computing devices and to the extent that the URC equipment and/or the URC software fails to so comply, URC shall, at its own expense, take all reasonable measures to promptly cause such to comply.
THIS LIMITED WARRANTY DOES NOT COVER TECHNICAL ASSISTANCE FOR HARDWARE OR SOFTWARE USAGE EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN.
CERTAIN IMPLIED WARRANTIES, INCLUDING AN IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, MAY BE AVAILABLE WITH RESPECT TO URC EQUIPMENT. IMPLIED WARRANTIES VARY FROM STATE TO STATE. URC EXPRESSLY LIMITS THESE IMPLIED WARRANTIES, TO THE EXTENT ALLOWABLE BY LAW, TO THE TIME PERIODS COVERED BY THE EXPRESS WRITTEN WARRANTIES PROVIDED HEREIN. OTHERWISE AND EXCEPT AS PROVIDED FOR HEREIN, URC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, AND MAKES NO REPRESENTATIONS REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE EQUIPMENT, SOFTWARE OR DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, TECHNICAL SERVICES ARE SUPPLIED “AS IS”, WITHOUT ANY WARRANTY, EXPRESS, STATUTORY OR IMPLIED, OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, URC EXPRESSLY DISCLAIMS ALL WARRANTIES RELATING TO TECHNICAL SERVICES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF QUALITY OR REASONABLE SKILL AND CARE, OR OUTCOME OR RESULTS.
WITHOUT IN ANY WAY LIMITING THE GENERALITY OF THE OTHER PROVISIONS HEREIN, THIS LIMITED WARRANTY DOES NOT COVER: (I) DAMAGE FROM MISUSE, NEGLECT OR ACTS OF NATURE, (II) MODIFICATIONS, (III) INTEGRATION WITH THIRD PARTY CONTENT, OR (IV) BEYOND THE WARRANTY PERIOD AND/ OR FAILURE TO FOLLOW URC WARRANTY CLAIM PROCEDURE.
The warranty limitations and warranty disclaimers may not apply to end user in whole or in part, where such are restricted or excluded by applicable law, and such shall apply to the maximum extent permitted by applicable law.
In the event of any warranty claim, URC will, at its sole option, repair the URC equipment using new or comparable rebuilt parts, or exchange the URC equipment for new or rebuilt equipment. In the event of a defect, these are the end user’s exclusive remedies.
All the URC equipment returned for service, exchange or repair require an RGA number. To obtain an RGA number, you must complete a Return Request Form which you may obtain by calling (914) 835-4484 or contacting URC at [email protected]. To obtain warranty service, end user must deliver the URC equipment, freight prepaid, in its original packaging or packaging affording adequate protection to URC at 37 Ramland Road, Unit 104, Orangeburg, NY 10962. It is end user’s responsibility to backup any macro programming, artwork, software or other materials that may have been programmed into the unit. It is likely that such data, software, or other materials will be lost during service and URC will not be responsible for any such damage or loss. A dated purchase receipt, bill of sale, installation contract or other verifiable proof of purchase is required. For the URC equipment support and other important information, please visit URC’s website available at www.urc-automation.com or call the Customer Service Center at (914) 835-4484.
This limited warranty only covers the URC equipment issues caused by defects in material or workmanship during ordinary consumer use. It does not cover product issues caused by any other reason, including but not limited to product issues due to commercial use, acts of God, third-party installation, misuse, limitations of technology, or modification of or to any part of the URC equipment. This limited warranty does not cover the URC equipment sold as used, as is, refurbished, so called “B stock” or consumables (such as batteries). This limited warranty is invalid if the factory applied serial number has been altered or removed from the URC equipment. This limited warranty specifically excludes the URC equipment sold by unauthorized resellers.
With the exception of URC’s IR-only, broad-based consumer remotes, none of URC’s PC programmable remotes or any of our Total Control® whole-house equipment are authorized for online internet sales. Buying URC’s PC programmable remotes or any of our Total Control® whole-house equipment online means buying equipment that does not have URC’s limited warranty. Such equipment is not eligible for URC tech support or software support, either.
2. URC’S LIMITATIONS OF LIABILITY
IN NO EVENT SHALL URC BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND OR LOSS OF PROFITS OR BUSINESS OPPORTUNITY, EVEN IF URC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL URC BE LIABLE FOR LOSS OF OR DAMAGE TO DATA, COMPUTER SYSTEMS OR COMPUTER PROGRAMS.
URC’S LIABILITY, IF ANY, FOR DIRECT DAMAGES OF ANY FORM SHALL BE LIMITED TO ACTUAL DAMAGES, NOT IN EXCESS OF AMOUNTS PAID BY END USER FOR THE URC EQUIPMENT.
IN NO EVENT SHALL URC BE LIABLE FOR ANY EVENTS BEYOND ITS CONTROL, INCLUDING ANY INSTANCE OF FORCE MAJEURE.
IN NO EVENT SHALL URC BE LIABLE FOR THE ACTS OR OMISSIONS OF END USER OR ANY THIRD PARTY.
THE LIMITATIONS OF LIABILITY MAY NOT APPLY TO END USER IN WHOLE OR IN PART, WHERE SUCH ARE RESTRICTED LIMITED OR EXCLUDED BY APPLICABLE LAW AND SUCH SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
URC SHALL NOT BE HELD RESPONSIBLE FOR THE STATEMENTS MADE BY OTHERS.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO END USER. THIS LIMITED WARRANTY GIVES END USER SPECIFIC LEGAL RIGHTS AND END USER MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION TO JURISDICTION.