Verdant Warranty

HARDWARE

Verdant Environmental Technologies warrants the original end user (“Customer”) that new Verdant products will be free from defects in workmanship and materials, under normal use, for one (1) year from the original purchase date.

SOFTWARE

Verdant Environmental Technologies warrants to Customer that the Verdant thermostat software will perform in substantial conformance to its program specifications for a period of one (1) year from the date of the original purchase.

EXCLUSIONS

This warranty excludes (1) physical damage to the surface of the product, including cracks, scratches or marks on the touch-screen or outside casing; (2) damage caused by misuse, neglect, improper installation, unauthorized attempts to open, repair, or modify the product, or any other cause beyond the range of intended use; (3) damage caused by accident, fire, power changes, other hazard, or Acts of God; (4) damage caused by water, liquids, or foreign chemicals including condensation and humidity; or (5) use of the product with any device if such device causes the problem.

EXCLUSIVE REMEDIES

Should a covered defect occur during the warranty period and Customer notifies Verdant Environmental Technologies, Customerʼs sole and exclusive remedy will be, at Verdant Environmental Technologiesʼ sole option and expense, to repair or replace the product. Replacement products or parts may be new or reconditioned or a comparable version of the defective item. Verdant Environmental Technologies warrants any replaced product or part for a period of ninety (90) days from shipment, or through the end of the original warranty, whichever is longer.

OBTAINING WARRANTY SERVICE

To obtain Warranty Service follow Verdantʼs “Warranty Replacement Procedure”.

WARRANTY EXCLUSIVE

THE FORGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EX PRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, CORRESPONDENCE WITH DESCRIPTION, AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY VERDANT ENVIRONMENTAL TECHNOLOGIES AND ITS SUPPLIERS. DISCLAIMER NEITHER VERDANT ENVIRONMENTAL TECHNOLOGIES NOR ITS SUPPLIERS

DISCLAIMER

NEITHER VERDANT ENVIRONMENTAL TECHNOLOGIES NOR ITS SUPPLIERS SHALL BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE OR USE OF THIS PRODUCT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, EVEN IF VERDANT ENVIRONMENTAL TECHNOLOGIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. VERDANT ENVIRONMENTAL TECHNOLOGIESʼ ENTIRE LIABILITY SHALL BE LIMITED TO REPLACEMENT OR REPAIR OF THE PRODUCT.