This Latch Hardware Limited Warranty (“Warranty”) sets forth the warranty terms applicable to your Latch Systems, Inc. (“Latch”) electronic physical access control product (“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
Latch warrants to the owner of the Hardware that the Hardware, when used normally and in accordance with Latch’s technical specifications and user instructions, will be substantially free from defects in materials and workmanship for a period of: 1 year from the date of purchase for the electronic components of the Hardware, and 5 years from the date of purchase for the mechanical (non-electronic) components of the Hardware (each respective period, the “Warranty Period” for the applicable component). For the Latch C2 Hardware, the Warranty Period will be: 2 years from the date of purchase for the electronic components of the Hardware, and 5 years from the date of purchase for the mechanical (non-electronic) components of the Hardware. If Hardware is returned to Latch during the applicable Warranty Period in accordance with the terms and conditions of this Warranty, and Latch determines that the Hardware is defective, Latch 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) refund the original purchase price in return for the Hardware, at Latch’s sole discretion. Additionally, if the Hardware or a component incorporated within it is no longer available, Latch 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. Latch provides this Warranty (1) only to the person or entity that originally purchased the Hardware from Latch or from one of its authorized resellers or distributors and (2) only for Hardware purchased and delivered within the United States. This section sets forth your sole and exclusive remedy for breach of the warranty set forth in this section.
Exclusions
Latch will have no warranty obligations with respect to any Hardware if Latch determines, in its sole reasonable discretion, that such Hardware has been damaged due to (i) normal wear and tear, including but not limited to scratching or chipping of paint or damage to platings caused by use; (ii) misuse, accident (including, without limitation, collision, fire and the spillage of liquid or food), neglect, abuse, alteration, unusual stress or modification; (iii) improper or unauthorized repair, installation, testing, or storage; (iv) operation of the Hardware outside the permitted or intended uses described by Latch; (v) use with third party products for which the Hardware was not intended for use in conjunction with; (vi) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network or (vi) acts of God and other forces beyond Latch’s 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. The Hardware is not an ANSI or BHMA certified door lock. At your request, we will provide you with a list and contact information for Latch-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.
Ownership
When Hardware is exchanged, any replacement item becomes your property and the replaced item becomes Latch’s property. When a refund is given, the Hardware for which the refund is provided must be returned to Latch and becomes Latch’s property.
Warranty Return Policy
Hardware must be returned during the applicable Warranty Period. Please contact support@latch.com for the return procedure to be eligible for repair, replacement or refund under the Warranty. The Hardware owner will be responsible for all shipping costs for Hardware that is returned and determined by Latch 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) LATCH 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) LATCH 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 LATCH 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 LATCH 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 LATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LATCH’S 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.
This End User License Agreement (“EULA”) is a legal agreement between you and Latch Systems, Inc. (“Latch”) for the Latch software (“Software”) embedded on your Latch electronic physical access control products (“Hardware”).
IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS, YOU MUST CEASE USING AND ACCESSING THE SOFTWARE IMMEDIATELY. BY ACCESSING AND USING THE SOFTWARE IN ANY MANNER, YOU ARE ACCEPTING AND AGREEING TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT IN CONNECTION WITH SUCH ACCESS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THIS EULA ON BEHALF OF YOURSELF OR THE ENTITY YOU REPRESENT. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO USE OR ACCESS THE SOFTWARE AND TO ENTER INTO THIS EULA. Use of the Hardware, the Software and the Latch services provided in connection with the Hardware and the Software may also be subject to Latch’s Terms of Service (“Terms of Service”), Privacy Policy (“Privacy Policy”), Limited Warranty (“Warranty”), and such other terms, conditions and instructions that may be provided by Latch from time to time. Please review all such terms and policies carefully before using any of Latch’s products or services (“Latch Services”). By using the Software you are agreeing to the terms of all of the above-listed terms and conditions that apply to you.
AS DESCRIBED BELOW, YOU ARE CONSENTING TO AUTOMATIC UPDATING OF THE SOFTWARE. IF YOU DO NOT AGREE, YOU SHOULD NOT USE THE SOFTWARE. Any future release, update, or other addition or change to functionality of the Software shall be subject to the terms of this EULA, unless Latch expressly states otherwise. Your continued use of the Software is your agreement to the terms and conditions set forth in this EULA.
