This limited warranty (“Warranty”) is provided by Redaptive Sustainability Services, LLC, Redaptive Services Deutschland GMBH, Redaptive Canada I LP, Redaptive Sustainability Services UK Limited or International Electron, LCC (together “Redaptive”) solely to Customer for the Equipment purchased pursuant to an order form or purchase order entered into by and between Customer and Redaptive or an authorized reseller of Redaptive (“Order”).
1. Limited Warranty.
A. Gas and Electric meters. Gas and electric meters sold to Customer are warranted by Redaptive against defects in workmanship or materials under normal use for the Warranty Period. At Redaptive’s option, the sole and exclusive remedy for any gas or electric meter determined by Redaptive to be defective in workmanship or materials will be repair or replacement of the Equipment or refund of the Equipment Price. For the avoidance of doubt, this is a parts-only warranty and Redaptive will not be responsible for any costs related to the removal, shipping or reinstallation of repaired or replaced Equipment. Repair or replacement of any Equipment does not extend the Warranty Period. The Warranty only applies if Customer: (a) notifies Redaptive in writing of the warranty breach before the expiration of the Warranty Period; (b) properly installs, modifies and/or uninstalls the Equipment (if applicable) as set forth in the Order Terms and Conditions incorporated by reference in the Order; and (c) is in compliance with the Order and any terms incorporated therein (including the payment of all Fees then due and owing). In no event will Customer reconstruct, repair, alter, or replace any Equipment, in whole or in part, either by itself or by or through any third party. This warranty will take effect on the date the Equipment is delivered to Customer (“Warranty Start Date”). The warranty will remain in effect until the fifth (5th) anniversary of the Warranty Start Date (“Warranty Period”).
B. Third-Party Hardware. All third-party hardware sold by Redaptive, including but not limited to HydroPoint Data Systems Inc. WeatherTRAK® and WaterCompass® hardware products, carries the manufacturer’s standard warranty.
2. Warranty Disclaimer. NO WARRANTY, EXPRESS OR IMPLIED, OTHER THAN AS SET FORTH IN THE LIMITED WARRANTY STATEMENT ABOVE, IS MADE OR AUTHORIZED BY REDAPTIVE. REDAPTIVE DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF EQUIPMENT MISUSE, IMPROPER EQUIPMENT SELECTION, IMPROPER INSTALLATION, ELECTRICAL POWER SURGE, EQUIPMENT MODIFICATION, MISREPAIR OR MISAPPLICATION, DAMAGE TO THE EQUIPMENT THAT IS NOT THE FAULT OF REDAPTIVE OR ITS REPRESENTATIVES. REDAPTIVE EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE EQUIPMENT: (i) IS MERCHANTABLE; (ii) FIT FOR A PARTICULAR PURPOSE; OR (iii) DOES NOT AND WILL NOT INFRINGE UPON OTHERS’ INTELLECTUAL PROPERTY RIGHTS.
3. Limitation of Liability. REDAPTIVE EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES. REDAPTIVE’S LIABILITY UNDER THIS WARRANTY IN ALL CIRCUMSTANCES IS LIMITED TO, AND WILL NOT EXCEED, THE PURCHASE PRICE PAID FOR THE EQUIPMENT THAT GIVES RISE TO ANY LIABILITY.
4. Instructions for Warranty Returns. For warranty product returns, please follow the instructions below to assure prompt handling. Proof of purchase is required in all cases: Customers should email Redaptive at support@redaptiveinc.com, and provide the date, proof of purchase, the Equipment type, and a description of the defect.
5. Exclusions. The Warranty does not apply to any Equipment that: (1) has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental conditions or use contrary to any instructions issued by Redaptive; (2) has been reconstructed, repaired or altered by parties other than Redaptive or its authorized representatives or personnel; or (3) has been used with any third party products, hardware or product that has not been previously approved in writing by Redaptive or disclosed to Redaptive in the Order.
6. Exclusive Remedy. Customer’s sole remedy and Redaptive’s sole obligation for any breach of the Warranty is as set forth in Section 1 herein.
All terms used herein and not otherwise defined herein will have the meaning ascribed to them in the Order and/or the Order Form Terms and Conditions or IoT Energy Metering Platform Terms of Service incorporated therein by reference.