Liquid Sky Technologies, Inc. (“Liquid Sky”) a Delaware corporation, warrants that the products sold on the WattZilla® website www.WattZilla.com and described in this warranty (each a “Product”) are and shall be free from defects in workmanship and materials and shall function properly under normal and proper use as more fully described below.
PERSONS COVERED BY THIS WARRANTY
This warranty extends to the original purchaser (the “Purchaser”) only, unless transferred to an Authorized Transferee in accordance with the procedure described below.
PRODUCTS COVERED BY THIS WARRANTY
The following Products (“Commercial Use Products”) are warrantied for both commercial and residential use: Quadzilla, UNO, DUO, Gorilla.
The following Products (“Residential Use Only Products”) are warrantied for residential use only: Waltzilla, Wall Watz, Black Mamba.
For Commercial Use Products and Waltzilla, the warranty lasts for 39 months from the date Liquid Sky ships the Product, provided that the Purchaser and/or the Authorized Transferee complies with the conditions written below.
For Residential Use Only Products, the warranty lasts for 12 months from the date Liquid Sky ships the Product.
In the event of a defect, malfunction, or other failure of the Product, Liquid Sky will remedy the failure or defect, without charge to the Purchaser, within 30 days after receiving return shipment of the Product. Purchaser must return the Product using a method of delivery that allows the return to be tracked, such as Express Mail, UPS or FedEx. Purchaser must have any Installation Product (defined below) dis-installed by a licensed electrician at Purchaser’s expense. Liquid Sky shall have the option, in its sole discretion, to:
Repair the Product or component parts; or
Replace the Product or component parts; or
Refund the purchase price.
If Liquid Sky elects to repair the Product or component part, and such Product or component part contains a defect or malfunction, after a reasonable number of attempts by Liquid Sky to remedy the defect or malfunction Purchaser shall have the option to receive either a refund of the purchase price or a replacement of the Product or component part.
If Liquid Sky determines the Product must be replaced, Liquid Sky will send a replacement. Liquid Sky will pay ground-shipping costs to ship the replacement, but will not pay any costs of installation of the replacement, which must be accomplished by a licensed electrician.
Liquid Sky shall not be obligated to make replacement or loaner equipment available while any Product or component are being evaluated by Liquid Sky, repaired or replaced, nor will Liquid Sky compensate Purchaser for any in/out labor charges or expenses associated with removal, handling or re-installation of any Product or for any damages of any kind caused by Purchaser’s inability to use the Product while it is being evaluated and/or repaired or replaced.
CONDITIONS AND PURCHASER/WARRANTEE OBLIGATIONS
For this warranty to be effective, Purchaser must (1) arrange for any wall or pole mounted Product that requires installation (i.e. Any product delivered without a plug on the end of a power cord) (“Installation Product”) to be installed by a licensed electrician and (2) deliver proof of purchase and, with respect to any Installation Product, a copy of the licensed electrician’s invoice for the installation. FAILURE TO HAVE AN INSTALLATION PRODUCT INSTALLED BY A LICENSED ELECTRICIAN SHALL VOID THIS WARRANTY. DEINSTALLATION OF AN INSTALLATION PRODUCT BY ANYONE OTHER THAN A LICENSED ELECTRICIAN SHALL VOID THIS WARRANTY.
EXCLUSIONS AND LIMITATIONS
This warranty does not cover failure of any Product caused by misuse, abuse, modification, alteration, removal of safety seals, or faulty installation or storage.
This warranty does not cover failure of any Product or component due to any act of God or nature such as flood and earthquake, or war, insurrection, vandalism, theft, or obsolescence.
IN NO EVENT SHALL LIQUID SKY HAVE ANY LIABILITY FOR ANY THIRD PARTY PRODUCTS OR ASSOCIATED HARDWARE, OR CUSTOMER-OWNED SYSTEMS, EQUIPMENT OR SOFTWARE.
This warranty excludes and Liquid Sky disclaims liability for labor for Product removal or installation.
This warranty is void if the Product is installed improperly or in an improper environment, overloaded, misused, opened, abused, or altered in any manner, or is not used under normal operating conditions or not in accordance with any labels or instructions.
HOW TO REQUEST SERVICE UNDER THIS WARRANTY
To invoke this warranty, Purchaser must, within 30 days of the discovery of any defect, notify Liquid Sky by calling 857-389-9893, followed by an email addressed to warranty@WattZilla.com. Please include a picture and description of the Product including the Product serial number or other identifying information; a description of the defect; and an email address, mailing address, and telephone number where you may be reached during business hours.
For more information on this warranty, call 857-389-9893 or email warranty@WattZilla.com.
This warranty may be transferred from the original Purchaser only to an Authorized Transferee. With respect to Installation Products the following qualify as Authorized Transferees provided they provide the information required above: (1) successors to Purchaser’s rights to the property on which the Installation Product is installed and (2) a subsequent purchaser or transferee of the Installation Product who provides Liquid Sky with proof in the form of invoices from licensed electricians that all installation and any de-installation of the Product was performed by a licensed electrician. With respect to non-Installation Products, an Authorized Transferee is any person who is able to provide Liquid Sky with the information required above.
It is impossible to eliminate all risks associated with the use of the Products. Risks of serious injury or death, including risks associated with electrocution, arcing and thermal burns, are inherent in work in and around energized electrical systems. Such risks arise from the wide variety of electrical systems and equipment to which Products may be applied, the manner of use or application, weather and environmental conditions or other unknown factors, all of which are beyond the control of Liquid Sky. WHEN YOU BUY OR USE THESE PRODUCTS, YOU AGREE TO ACCEPT THESE RISKS. This warranty does not cover damage or injury resulting from such risks.
LIMITATION OF LIABILITY
THE REMEDIES DESCRIBED ABOVE ARE PURCHASER’S SOLE AND EXCLUSIVE REMEDIES AND LIQUID SKY’S ENTIRE LIABILITY FOR ANY BREACH OF THIS WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, AND THE DURATION OF ANY IMPLIED WARRANTIES SHALL BE LIMITED TO THE TERM OF THIS WRITTEN WARRANTY. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT INCLUDING, BUT NOT LIMITED TO, DAMAGE TO VEHICLES, LOST PROFITS OR REVENUE, LOSS OF USE OF THE PRODUCTS, COST OF SUBSTITUTE PRODUCTS, FACILITIES OR SERVICES, OR DOWNTIME.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
This warranty gives you specific legal rights, and you may also have other rights that vary from State to State.