IMPORTANT: BY USING THE MODIO® GUESTROOM ACOUSTIC CONTROL PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LIMITED WARRANTY (“WARRANTY”) AS SET OUT BELOW.
DO NOT USE THE MODIO® GUESTROOM ACOUSTIC CONTROL PRODUCT UNTIL YOU HAVE READ THE TERMS OF THIS WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THIS WARRANTY, DO NOT USE THE PRODUCT AND CONTACT THE AUTHORIZED DISTRIBUTOR FROM WHICH THE MODIO® GUESTROOM ACOUSTIC CONTROL PRODUCT WAS PURCHASED TO ARRANGE FOR A RETURN WITHIN THE APPLICABLE RETURN PERIOD.
What is covered by this Warranty?
Subject to the terms of this Warranty, we, K. R. MOELLER ASSOCIATES LTD. of 3-1050 Pachino Court, Burlington, Ontario L7L 6B9 Canada, warrant that the components of the MODIO® Guestroom Acoustic Control product (the “MODIO® Product”) are free from defects in materials and workmanship when used normally from the date that the installation of the MODIO® Product was completed for a period of: (a) one (1) year for the control pad used with the MODIO® Product; and (b) five (5) years for any other components of the MODIO® Product excluding the power supply (the “Warranty Period”).
This Warranty is only for the model of the MODIO® Product that operates with a control pad, and specifically excludes any model of MODIO® that has an integrated dial controller. In addition, this Warranty is only for the MODIO® Product itself and any issues regarding testing, installation or maintenance services should be directed to the authorized distributor or other person who performed these services.
What is not covered by this Warranty?
This Warranty does not apply to any products, systems, components or accessories that do not form part of the MODIO® Product, or were manufactured by other companies including the power supply. Other manufacturers, suppliers, or distributors, other than us, may provide their own warranties to you for these excluded products, systems, components or accessories, and you should contact them for further information about their warranties. We do not warrant that the operation of the MODIO® Product will be uninterrupted or error-free. We are not responsible for damage arising from failure to follow instructions relating to the proper use of the MODIO® Product.,/p>
This Warranty also does not apply to: (a) consumable parts, such as protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) defects or damage caused by unauthorized use with a third party component, accessory or ancillary/peripheral product not furnished or approved by us; (d) defects or damage caused by accident, abuse, misuse, abnormal conditions, exposure to liquid, moisture, dampness, sand or dirt, neglect, or unusual physical, electrical or electromechanical stress, fire, earthquake or other external causes; (e) defects or damage caused by improper testing, maintenance, installation, service or adjustment; (f) damage to any MODIO® Product that has been modified to alter functionality or capability without our written permission; (g) normal wear and tear or otherwise due to the normal aging of the MODIO® Product, (h) any MODIO® Product that may have its product label removed, defaced, damaged, altered or made illegible; (i) defects or damage to any MODIO® Product for which we have received information from a relevant public authority that the product has been stolen; or (j) damage to any MODIO® Product that has been resold, transferred or assigned by the original purchaser or otherwise purchased from a person that is not our authorized distributor.
How to obtain warranty service?
If the MODIO® Product is not functioning properly, please contact the authorized distributor from which the MODIO® Product was purchased. The authorized distributor will help determine whether your MODIO® Product requires warranty service and, if it does, the authorized distributor will inform you how such service will be provided. When contacting the distributor by telephone, other charges may apply depending on your location. We reserve the right to require you to furnish proof of purchase details including a copy of any invoice by which you acquired the MODIO® Product, and for you to respond to questions designed to assist with diagnosing potential issues and to follow our procedures for obtaining warranty service.
If determined that the MODIO® Product is not covered by the Warranty, you must pay for all parts and any labour and service charges for the repair of the MODIO® Product.
If it is determined that your MODIO® Product requires warranty service, our authorized distributor may be required to remove and forward the MODIO® Product from your location to our location to perform repair services.
We reserve the right to change the method by which we may provide warranty service to you and your MODIO® Product’s eligibility to receive a particular method of service.
If during the Warranty Period you submit a warranty service claim to us in accordance with this Warranty, we will, at our sole option:
- repair the MODIO® Product using new or previously used, rebuilt or reconditioned parts or components that are equivalent in performance and reliability; or
- replace the MODIO® Product with the same model (or a product that has similar functionality) formed from new and/or previously used, rebuilt or reconditioned parts that are equivalent in performance and reliability.
A replacement part or MODIO® Product assumes the remaining term of the Warranty or ninety (90) days from the date of replacement or repair service, whichever is longer. When a MODIO® Product or part is replaced, any replacement item becomes your property and the replaced item becomes our property.
Limitation of Liability
All implied warranties, including without limitation, implied warranties of merchantability and fitness for a particular purpose, are limited to the duration of this Warranty. In no event shall we, or our authorized distributors, be liable for damages in excess of the purchase price paid for the MODIO® Product, or for, without limitation, and except as provided in this Warranty and to the maximum extent permitted by law, 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.
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. We disclaim any representation that we will be able to repair any MODIO® Product under this Warranty. Some provinces, states and jurisdictions do not allow limitations on how long an implied warranty lasts, or the disclaimer or limitation of incidental or consequential damages, so the above limitations and disclaimers may not apply to you. Residents of Quebec are governed by that province’s consumer protection legislation.
We make no warranties or representations, express or implied, statutory or otherwise, as to the quality, capabilities, operations, performance or suitability of any third-party software or equipment used in conjunction with the MODIO® Product, or the ability to integrate any such software or equipment with the product. Responsibility for the quality, capabilities, operations, performance and suitability of any such third-party software or equipment rests solely with the you and the direct vendor, owner or supplier of such third-party software or equipment.
This Warranty gives you specific legal rights, and you may also have other rights that vary from jurisdiction to jurisdiction.
If any portion of this Warranty is held to be illegal or unenforceable, such partial illegality or unenforceability shall not affect the enforceability of the remainder of the Warranty.
Nothing contained in other document relating to the MODIO® Product shall be construed to create an express warranty of any kind with respect to the MODIO® Product. No MODIO® Product reseller, distributor, agent, dealer, or employee is authorized to make any modification, extension, or addition to this Warranty, unless authorized by us in writing. This Warranty shall be governed by and construed in accordance with the laws of the Province of Ontario, unless prohibited by law, in which case this Warranty will be governed by and construed under the laws of the province, state, district, county or jurisdiction in which the MODIO® Product purchase took place. We or our successor in title are the warrantor under this Warranty.