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ONPOINT ECOSYSTEMS LIMITED WARRANTY


OnPoint EcoSystems (OnPoint) warrants our Irrigation Controller Products (Product) to be free of defects in materials or workmanship (Limited Warranty) under normal use for a period of two (2) years from the original date of purchase. If a defect in the Product is discovered during the applicable warranty period, OnPoint will repair or replace, at its option, the product or the defective part. Replacement Products may be refurbished and/or different models at OnPoint’s sole discretion but will be functionally equivalent to the Products being replaced. Any Product repaired or replaced under this Limited Warranty will have warranty coverage for ninety (90) days or the remainder of the Warranty Period, whichever is longer. This warranty does not extend to repairs, adjustments, or replacement of an OnPoint product or part that results from misuse, negligence, alteration, modification, tampering, fraud, or improper installation and/or maintenance of the product. It is also not applicable to non-OnPoint products or software, Product with no defects in materials or workmanship, Products whose defects are not reproducible by OnPoint; and any Acts of God, including earthquake, hurricane, fire, flood, tornado, lightning, riot, insurrection, act of war or other disaster. This Limited Warranty is transferable from Customer to subsequent Product owners, but the Warranty Period will not be extended in duration or expanded in coverage for any such transfer.

If a defect arises in an OnPoint product or part during the warranty period:
a) Contact OnPoint either by phone (650-924-1326, extension 193) or by email (support@onpointeco.com) and describe the failure in detail; b) Receive a return merchandise authorization (RMA) number from OnPoint for defects covered under this Limited Warranty; c) Ship the defective Product to OnPoint (at Customer’s expense) for repair / replacement; d) OnPoint returns repaired / replaced Product to Customer (at OnPoint’s expense), except with respect to Product not covered under this Limited Warranty, for which Customer will bear all shipping costs.


DISCLAIMERS
ONPOINT ECOSYSTEM’S OBLIGATION TO REPAIR OR REPLACE ITS PRODUCTS AS SET FORTH ABOVE IS THE SOLE AND EXCLUSIVE WARRANTY SET FORTH BY ONPOINT ECOSYSTEMS. THERE ARE NO OTHER WARRANTIES, CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, CONDITIONS OF MERCHANTABITILTY, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE PRODUCTS AND SERVICES ARE PROVIDED AS IS AND AS AVAILABLE.
ONPOINT AND ITS SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR COMPUTER, TABLET OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ONPOINT OR THOUGH THE SERVICES SHALL CREATE ANY WARRANTY.


LIMITATION OF LIABILITY
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL
(1) ONPOINT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNATIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, OR LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR RELATING TO THE PRODUCTS, EVEN IF ONPOINT KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND
(2) ONPOINT’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE FEES ACTUALLY PAID BY CUSTOMER TO ONPOINT OR ONPOINT’S AUTHORIZED RESELLER FOR THE PRODUCTS AT ISSUE IN THE PRIOR 12 MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. ONPOINT DISCLAIMS ALL LIABILITY OF ANY KIND OF ONPOINT’S LICENSORS AND SUPPLIERS. THE SERVICES PROVIDE YOU THE ABILITY TO SCHEDULE, COLLECT INFORMATION, AND FOR SOME PRODUCT MODELS PROVIDE AUTOMATIC WEATHER BASED UPDATES (PRODUCT DATA) FOR IRRIGATION CONTROL VIA THE PRODUCT. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, ALL PRODUCT INFORMATION IS PROVIDED FOR YOUR CONVENIENCE, AS IS AND AS AVAILABLE. WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION WILL BE AVAILABLE, ACCURATE, OR RELIABLE, OR THAT PRODUCT INFORMATION OR USE OF THE SERVICES OR THE PRODUCT WILL DECREASE THE WATER CONSUMPTION OF YOUR HOME OR PROPERTY OR ENHANCE THE APPEARANCE OR VALUE OF YOUR TURF, SOD, PLANTS, BUSHES, TREES, OR OTHER FOILAGE AND LANDSCAPE. YOU USE ALL PRODUCT INFORMATION, THE SERVICES, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND ONPOINT DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR TURF, PLANTS, SOD, TREES, BUSHES AND OTHER FOLIAGE; BUILDINGS, STRUCTURES AND OTHER OBJECTS; THE COST OF IRRIGATION WATER, SERVICE INTERRUPTIONS, MISSING OR STOLEN DATA, PRODUCT, PRODUCT PERIPHERALS, COMPUTER, TABLET, MOBILE DEVICE, AND INJURY OR DEATH TO PERSONNEL, PETS, AGENTS, INVITEES, LICENSEES, AND BYSTANDERS IN CONNECTION WITH THE USE OF PRODUCT INFORMATION, THE SERVICES, OR THE PRODUCT. PRODUCT INFORMATION PROVIDED BY THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR DIRECT MEANS OF OBTAINING INFORMATION. FOR EXAMPLE, AN IRRIGATION RUN TIME SCHEDULE SET BY THE SERVICES OR PRODUCT IS NOT INTENDED AS A SUBSTITUTE FOR OBSERVING THE CONDITION OF YOUR LANDSCAPE DIRECTLY.


ADDITIONAL CONSIDERATIONS Some states and/or non-US jurisdictions do not allow limitations on how long an implied warranty lasts or exclusions/limitations on incidental or consequential damages, so the above limitations may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state or from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under this limited warranty will not apply to the extent prohibited by applicable law.



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