Novi Security One (1) Year Limited Warranty

 

FOR NOVI SECURITY BRANDED PRODUCT ONLY

IMPORTANT: BY USING YOUR NOVI SECURITY PRODUCTS YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE NOVI SECURITY ONE (1) YEAR LIMITED WARRANTY (“WARRANTY”) AS SET OUT BELOW. DO NOT USE YOUR PRODUCT UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE PRODUCT AND RETURN USING THE PROCESS STATED IN NOVI’S RETURN POLICY.

 

HOW CONSUMER LAW RELATES TO THIS WARRANTY

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). OTHER THAN AS PERMITTED BY LAW, NOVI DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE.

 

WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW

TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. NOVI DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, NOVI LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT NOVI’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.

 

WHAT IS COVERED BY THIS WARRANTY?

Novi Security, Inc. of 1070 E 800 N, Orem, Utah, U.S.A. 84097 (“Novi”) warrants its Novi hardware products contained in the original packaging (“Novi Product”) against defects in materials and workmanship when used normally in accordance with Novi’s published guidelines for a period of ONE (1) YEAR from the date of original purchase through an authorized channel  by the end-user purchaser (“Warranty Period”). The warranty period is only offered to the original end-user purchaser and is non-transferrable. Novi’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.

 

WHAT IS NOT COVERED BY THIS WARRANTY?

This Warranty does not apply to any non-Novi branded hardware products or any software, even if packaged or sold with Novi hardware. Manufacturers, suppliers, or publishers, other than Novi, may provide their own warranties to you – please contact them for further information. Software distributed by Novi with or without the Novi brand (including, but not limited to system software) is not covered by this Warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. Novi does not warrant that the operation of the Novi Product will be uninterrupted or error-free. Novi is not responsible for damage arising from failure to follow instructions relating to the Novi Product’s use.

This Warranty does not apply: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship; (c) to damage caused by use with a third party component or product that does not meet the Novi Product’s specifications (Novi Product specifications are available at www.novisecurity.com under the technical specifications for each product and also available in stores); (d) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause; (e) to damage caused by operating the Novi Product outside Novi’s published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Novi; (g) to an Novi Product that has been modified to alter functionality or capability without the written permission of Novi; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Novi Product; (i) if any serial number has been removed or defaced from the Novi Product; or (j) if Novi receives information from relevant public authorities that the product has been stolen or if you are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorized access to the Novi Product, and you cannot prove in any way that you are the authorized user of the product (eg. by presenting proof of purchase).

 

YOUR RESPONSIBILITIES

Before receiving warranty service, Novi or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow Novi’s procedures for obtaining warranty service.

Following warranty service your Novi Product or a replacement device will be returned to you as your Novi Product was configured when originally purchased, subject to applicable updates. Novi may install system software updates as part of warranty service that will prevent the Novi Product from reverting to an earlier version of the system software.

*Important: Do not open the Novi Product. Opening the Novi Product may cause damage that is not covered by this Warranty. Only Novi should perform service on this Novi Product.*

 

WHAT WILL NOVI DO IN THE EVENT THE WARRANTY IS BREACHED?

If during the Warranty Period you submit a claim to Novi in accordance with this warranty, Novi will, at its option:

(i) Repair the Novi Product using new or previously used parts that are equivalent to new in performance and reliability,

(ii) Replace the Novi Product with the same model (or with your consent a product that has similar functionality) formed from new and/or previously used parts that are equivalent to new in performance and reliability, or

(iii) Exchange the Novi Product for a refund of your purchase price.

Novi may request that you replace certain user-installable parts or Novi Products. A replacement part or Novi Product, including a user-installable part that has been installed in accordance with instructions provided by Novi, assumes the remaining term of the Warranty or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a Novi Product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes Novi’s property.

 

HOW TO OBTAIN WARRANTY SERVICE?

Please access and review the online help resources described below before seeking warranty service. If the Novi Product is still not functioning properly after making use of these resources, please contact a Novi representative using the information provided below. A Novi representative will help determine whether your Novi Product requires service and, if it does, will inform you how Novi will provide it. When contacting Novi via telephone, other charges may apply depending on your location.

Contact a Novi representative via email at support@novisecurity.com or by phone at (855) 693-2444 ext. 4.

 

WARRANTY SERVICE OPTIONS

Novi will provide warranty service through one or more of the following options:

(i) Mail-in service. If Novi determines that your Novi Product is eligible for mail-in service, Novi will send you prepaid waybills and if applicable, packaging material and instructions on how to properly pack and address your Novi product, so that you may ship your Novi Product to a Novi location. Instructions may be sent to you via email or in hard copy with the packaging material. Once service is complete, the Novi location will return the Novi Product to you. Novi will pay for shipping to and from your location if all instructions regarding the method of packaging and shipping the Novi Product are followed.

(a) Service where Novi requires return of the replaced Novi Product or part. Novi may require a credit card authorization as security for the retail price of the replacement Novi Product or part and applicable shipping costs. If you are unable to provide credit card authorization, Novi will offer alternative arrangements for service. Novi will ship a replacement Novi Product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced Novi Product or part. If you follow the instructions, Novi will cancel the credit card authorization, so you will not be charged for the Novi Product or part and shipping to and from your location. If you fail to return the replaced Novi Product or part as instructed or return a replaced Novi Product or part that is ineligible for service, Novi will charge your credit card for the authorized amount.

(b) Service where Novi does not require return of the replaced Novi Product or part. Novi will ship you free of charge a replacement Novi Product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced Novi Product or part.

(ii) Do-it-yourself (DIY) parts service. DIY parts service allows you to service your own Novi Product. If DIY parts service is available in the circumstances, the following process will apply.

(a) Service where Novi requires return of the replaced Novi Product or part. Novi may require a credit card authorization as security for the retail price of the replacement Novi Product or part and applicable shipping costs. If you are unable to provide credit card authorization, DIY parts service may not be available to you and Novi will offer alternative arrangements for service. Novi will ship a replacement Novi Product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced Novi Product or part. If you follow the instructions, Novi will cancel the credit card authorization, so you will not be charged for the Novi Product or part and shipping to and from your location. If you fail to return the replaced Novi Product or part as instructed or return a replaced Novi Product or part that is ineligible for service, Novi will charge your credit card for the authorized amount.

(b) Service where Novi does not require return of the replaced Novi Product or part. Novi will ship you free of charge a replacement Novi Product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced Novi Product or part.

(c) Novi is not responsible for any labor costs you incur relating to DIY parts service. Should you require further assistance, contact Novi at the telephone number listed below.

Novi reserves the right to change the method by which Novi may provide warranty service to you, and your Novi Product’s eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country. You may be responsible for shipping and handling charges if the Novi Product cannot be serviced in the country it is in. If you seek service in a country that is not the original country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. Where international service is available, Novi may repair or replace Novi Products and parts with comparable Novi Product and parts that comply with local standards.

 

LIMITATION OF LIABILITY

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOVI IS NOT RESPONSIBLE FOR DIRECT, 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 (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE NOVI PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED ON THE NOVI PRODUCT.

THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. NOVI DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY NOVI PRODUCT UNDER THIS WARRANTY OR REPLACE THE NOVI PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN THE NOVI PRODUCT.

SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

 

GENERAL

No Novi reseller, agent, or employee is authorized to make any modification, extension, or addition to this 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. This Warranty is governed by and construed under the laws of the country in which the Novi Product purchase took place. Novi or its successor in title is the warrantor under this Warranty.