Version: July 1, 2020
PLEASE READ THIS LIMITED WARRANTY (“LIMITED WARRANTY”) CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS IN CONNECTION WITH YOUR SURFSIGHT DEVICE.
Limited Warranty: Lytx, Inc. (“Vendor”) warrants to the original purchaser (“you”) of the SurfSight camera (“Product”) sold by Vendor or an authorized reseller, that the Product will be free from defects in materials and workmanship under normal use for a period of two (2) years from the date of purchase (“Warranty Period”).
Remedies: If a Product does not conform to the above warranty during the Warranty Period (“Defective Product”) Vendor shall, at its sole option and to the extent permitted by law, either repair the Defective Product at no charge, using new or refurbished replacement parts or replace the Product with a new or refurbished Product. Vendor’s obligations under this Limited Warranty (“Warranty Obligations”) are your sole and exclusive remedy for any damage, defects or non-conformity in or to a Product.
Shipping and handling charges may apply except where prohibited by applicable law. This Limited Warranty is valid only in the jurisdictions where the Products are sold by Vendor itself or through its authorized reseller, and is valid to the extent permitted by the applicable laws of such jurisdictions.
Any repairs or replacements will not be deemed to re-start the Warranty Period, and the returned Product will be covered by the remainder (if any) of the Warranty Period.
How to Obtain Warranty Service: To obtain warranty service, you must notify Vendor of the Defective Product within the Warranty Period by submitting a request via https://support.surfsight.net/ or e-mailing email@example.com to obtain a Return Material Authorization (RMA) number from Vendor, and return the Defective Product to Vendor, with a proof of purchase (such as the receipt), to the address specified, and as otherwise directed, by Vendor. You must package the returned items either in its original packaging or packaging providing an equal degree of protection, and mark the RMA number on the packaging. Products returned to Vendor without an RMA number may be returned to you unopened or discarded, at your risk and expense.
Limited Warranty Exclusions: This Limited Warranty does not apply to, and specifically excludes, and Vendor shall have no responsibility or obligations with respect to, the following: (a) consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship in the Product; (b) normal wear and tear and cosmetic damage, including, but not limited to, scratches, dents and broken plastic; (c) defects or damage caused by misuse, accident (including, without limitation, collision, fire and the spillage of food or liquid), neglect, abuse, alteration, unusual stress, modification, improper or unauthorized repair, installation, wiring, or testing, improper storage, or if the serial number has been removed; or (d) damage caused by operating the Products outside the permitted or intended uses described by Vendor.
No Vendor reseller, agent or employee is authorized to make any modification, extension or addition to this Limited 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.
WARRANTY DISCLAIMER: THIS LIMITED WARRANTY SETS FORTH THE FULL EXTENT OF VENDOR’S WARRANTY RESPONSIBILITY AND IS PROVIDED IN LIEU OF ALL OTHER EXPRESS, IMPLIED AND STATUTORY WARRANTIES. ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED. IN ANY EVENT, even if the foregoing disclaimers are not permitted by applicable law, NO WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WILL APPLY AFTER THE EXPIRATION OF THE WARRANTY PERIOD. Some jurisdictions, including some states, do not allow limitations on the duration of an implied warranty, so this limitation may not apply to you.
LIMITATION ON LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY DOES NOT COVER, AND VENDOR IS NOT RESPONSIBLE FOR: (A) SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION; OR (B) ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, THE REPLACEMENT OF EQUIPMENT AND PROPERTY. THE COMBINED AGGREGATE LIABILITY OF VENDOR UNDER OR OTHERWISE IN CONNECTION WITH THIS LIMITED WARRANTY SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO VENDOR FOR THE PRODUCT. Some jurisdictions and states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
Governing Law: This Limited Warranty shall be governed by the laws of the state of Delaware, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any dispute arising out of or in connection with this Limited Warranty shall be filed and resolved by the courts in San Diego, California. You also agree that any proceedings to resolve or litigate any claim, dispute or controversy will be conducted solely on an individual basis (and not in any class action or class-wide proceeding), and that you may initiate such proceedings only on your own behalf. You hereby agree not to participate in claims, disputes, or controversies brought in an attorney general or representative capacity, or in consolidated claims, disputes, or controversies involving another person’s Product.