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Limited Warranty  

This Rhombus Systems Hardware Limited Warranty (“Warranty”) sets forth the warranty terms applicable to your Rhombus Systems, Inc. (“Rhombus Systems”) cameras (“Hardware”). Please read this Warranty before using the Hardware.  
 
THIS WARRANTY CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY USING THE HARDWARE IN ANY WAY, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LIMITED WARRANTY SET FORTH BELOW. IF YOU DO NOT AGREE TO THE TERMS OF THIS WARRANTY, DO NOT USE THE HARDWARE. 
 
Limited Warranty 
 
Rhombus Systems warrants to the original owner of the Hardware that the Hardware, when used normally and in accordance with Rhombus Systems’ technical specifications and user instructions, will be substantially free from defects in materials and workmanship for a period of 10 years from the original date of purchase from Rhombus Systems (the “Warranty Period” for the applicable component). If Hardware is returned to Rhombus Systems during the applicable Warranty Period in accordance with the terms and conditions of this Warranty, and Rhombus Systems determines that the Hardware is defective, Rhombus Systems will either (i) repair the Hardware; (ii) replace the returned Hardware with either a new or a refurbished Hardware unit (each, “Replacement Hardware”); or (iii) replace the individual covered subcomponent (including, without limitation, storage cards), at Rhombus Systems’ sole discretion. Additionally, if the Hardware or a component incorporated within it is no longer available, Rhombus Systems may, at its sole discretion, replace the Hardware with a similar product of similar function (such product shall also be referred to herein as “Replacement Hardware”). The applicable warranties (as set forth in this Warranty) for the Replacement Hardware shall last for the longer of (a) the remaining applicable Warranty Periods of the original Hardware or (b) 6 months from the date of replacement or repair. Rhombus Systems provides this Warranty (1) only to the person or entity that originally purchased the Hardware from Rhombus Systems or from one of its authorized resellers or distributors. This section sets forth your sole and exclusive remedy for breach of the warranty set forth in this section. 
 
Exclusions 
 
Rhombus Systems will have no warranty obligations with respect to any Hardware if Rhombus Systems determines, in its sole reasonable discretion, that such Hardware has been damaged due to (i) normal wear and tear, (including, without limitation, scratching, staining, discoloration, any cosmetic issue that does not interfere with function, or any optical interference that can be resolved by cleaning),  (ii) misuse or accident (including, without limitation, collision, fire, or the spillage of liquid or food), neglect, abuse, alteration, unusual stress or modification; (iii) improper or unauthorized repair, installation, testing, or storage (including, without limitation, damage from installation, or improper or insufficient waterproofing measures during installation); (iv) operation of the Hardware outside the permitted or intended uses described by Rhombus Systems; (v) use with third party products for which the Hardware was not intended for use in conjunction with (including, without limitation, use of unauthorized storage cards or incompatible network equipment); (vi) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network or (vi) acts of God and other forces beyond Rhombus Systems’ reasonable control, such as internet or power outages, wars, riots, terrorism, labor disputes, earthquakes, floods or other events of “force majeure.” This Warranty does not apply to consumable parts (such as batteries), Hardware marked as “sample” or “Not for Sale” or Hardware that is sold “AS IS”. Unauthorized use of the Hardware or software embedded therein can impair the Hardware’s performance and may invalidate this Warranty. At your request, we will provide you with a list and contact information for Rhombus Systems-certified installers and service providers, and it is your responsibility to select one. You assume all risk associated with the suitability, installation and performance of the Hardware and other third-party components, hardware, software and services. You assume all responsibility and cost of on-site removal of Hardware and installation of Replacement Hardware or components thereof.  

 

Ownership 
 
When Hardware is exchanged, any replacement item becomes your property and the replaced item becomes Rhombus Systems’ property. When a refund is given, the Hardware for which the refund is provided must be returned to Rhombus Systems and becomes Rhombus Systems’ property. 
 
Warranty Return Policy 
 
Hardware must be returned during the applicable Warranty Period. Please contact support@rhombus.com for the return procedure to be eligible for repair, replacement or refund under the Warranty. Rhombus Systems will provide paid shipping labels for Hardware determined eligible under the Warranty. Rhombus will pay shipping costs for any Replacement Hardware. The Hardware owner will be responsible for all shipping costs for Hardware that is returned and determined by Rhombus Systems to be ineligible. When filing a claim under the Warranty, you must specify and provide sufficient detail about the alleged defect or nonconformity. 
 
DISCLAIMER OF WARRANTIES 
 
EXCEPT AS EXPRESSLY STATED IN THIS WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, (I) RHOMBUS SYSTEMS DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (II) RHOMBUS SYSTEMS LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY; (III) YOU USE THE HARDWARE AT YOUR OWN DISCRETION AND RISK AND (IV) YOU WILL BE SOLELY RESPONSIBLE FOR (AND RHOMBUS SYSTEMS DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR HOME, DEVICES, OR PROPERTY, RESULTING FROM YOUR USE OF THE HARDWARE, SERVICES, OR INFORMATION PROVIDED IN CONNECTION THEREWITH. 
 
LIMITATION OF DAMAGES 
 
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER RHOMBUS SYSTEMS NOR ITS SUPPLIERS SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS OR CONDITIONS RELATED THERETO UNDER ANY BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY (I) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR (II) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOSS OF REVENUES, LOSS OF PROFITS. THE FOREGOING SHALL APPLY EVEN IF RHOMBUS SYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, RHOMBUS SYSTEMS’ AGGREGATE CUMULATIVE LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE HARDWARE BY THE ORIGINAL PURCHASER. CERTAIN STATES, PROVINCES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. 
 
Your Rights and This Warranty 
 
This Warranty gives you specific legal rights. You may also have other legal rights that vary by state, province or jurisdiction. The disclaimers, exclusions, and limitations of liability under this Warranty will not apply to the extent prohibited by applicable law. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction and you may wish to contact a relevant consumer advisory service.