Claiming Your Limited Warranty
To make a claim under this limited warranty, the owner of the Product must first notify Keen Home of his or her intention to make a claim by contacting firstname.lastname@example.org to explain what is wrong with the Product. Keen Home will have no obligations under this Limited Warranty if it determines in its sole discretion after inspecting the returned Product that the Product conforms to the limited warranty or was returned outside the Warranty Period. If Keen Home determines the Product fails to conform to this warranty, Keen Home will bear all costs of return shipping to the Product owner and will reimburse any reasonable shipping costs incurred by Product owner. If Keen Home determines the Product conforms to the limited warranty, the Product owner will be solely responsible for all shipping costs.
This warranty does not cover Product sold “as-is” or that has been marked as a “sample,” or “test device.” This limited warranty also does not cover Product that has been (a) modified, altered, tampered with, or improperly maintained or repaired; (b) improperly stored or installed; (c) used in a manner that does not accord with the user manual; (d) damaged by electrical or utility faults, including breakdown, fluctuations, or interruptions in electrical power; or (e) damaged by an Act of God, including lightning, flooding, weather, earthquake, or other natural disaster or phenomena. The limited warranty also does not apply to batteries or software, unless the damage to the batteries or software was caused by a defect in the material and workmanship of the Product.
Disclaimers of Warranties
THE LIMITED WARRANTY IS EXCLUSIVE, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR NON-INFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCOVERABLE.
KEEN HOME’S MOBILE APPLICATION, SOFTWARE, AND WEBSITE (COLLECTIVELY “SERVICES”) ARE PROVIDED SOLELY FOR YOUR CONVENIENCE, AND THE SERVICES ARE NOT COVERED BY THIS LIMITED WARRANTY. THE SERVICES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. KEEN HOME DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE AVAILABLE, ACCURATE, OR RELIABLE, OR THAT THE PRODUCT WILL WORK WITH THE SERVICES. KEEN HOME DISCLAIMS ANY LIABILITY FOR THE SERVICES, AND YOUR USE OF THE PRODUCT WITH THE SERVICES IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO A MOBILE DEVICE, YOUR WIRING, FIXTURES, ELECTRICITY, HEATING, DUCT WORK, AIR CONDITIONING, PERIPHERALS, PRODUCT, COMPUTERS, AND ALL OTHER ITEMS IN YOUR HOME, RESULTING FROM YOUR USE OF THE SERVICES. Congratulations on your purchase of a Keen Home SmartVent! We have some important information about our limited warranty and our return policy we would like to share with you.
YOU SHOULD READ THIS—IT HAS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AND KEEN HOME’S WARRANTY POLICY
Keen Home, Inc. (“Keen Home,” “us,” “we”) warrants to the owner (“You”) of the enclosed SmartVent found in this box (“Product”) will be free from defects in materials and workmanship for a period of one (1) year from the date of delivery following the original retail purchase (the “Warranty Period”). If the Product fails to conform to this limited warranty during the Warranty Period, Keen Home will at its sole discretion repair or replace the product. Keen Home may repair or replace a Product with new or refurbished parts and components, and—if a part of component is no longer available—Keen Home may replace a Product with a similar device that has similar functions. This is your sole remedy for breach of this limited warranty.
Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KEEN HOME BE LIABLE UNDER ANY LEGAL THEORY OR FORM OF ACTION (INCLUDING BUT NOT LIMITED TO CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR WARRANTY OF ANY KIND) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR COST OF SUBSTITUTE GOODS) ARISING OUT OF OR RELATED TO THE PRODUCTS, EVEN IF WE HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE PRODUCT, EXCEED YOUR DIRECT DAMAGES CAPPED AT THE AMOUNTS PAID BY FOR YOU THE PRODUCT.
BECAUSE SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF WARRANTIES OR LIABILITY, THIS LIMITATION MAY NOT PARTIALLY OR ENTIRELY APPLY TO YOU. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.
Void Where Prohibited
This limited warranty and the disclaimers and limitations may not apply where you live, and they do not apply to the extent prohibited by applicable law.
Effective: February 20, 2014