6
WARRANTY
Effective for products of B+B SmartWorx shipped on or after May 1, 2013, B+B SmartWorx warrants that
each such product shall be free from defects in material and workmanship for its lifetime. This limited
lifetime warranty is applicable solely to the original user and is not transferable. This warranty is expressly
conditioned upon proper storage, installation, connection, operation and maintenance of products in accordance
with their written specifications.
Pursuant to the warranty, within the warranty period, B+B SmartWorx, at its option will:
1. Replace the product with a functional equivalent;
2. Repair the product;
3. Provide a partial refund of purchase price based on a depreciated value.
Products of other manufacturers sold by B+B SmartWorx are not subject to any warranty or indemnity
offered by B+B SmartWorx, but may be subject to the warranties of the other manufacturers. Power
supplies are limited to a six year warranty.
Notwithstanding the foregoing, under no circumstances shall B+B SmartWorx have any warranty obligations
or any other liability for: (i) any defects resulting from wear and tear, accident, improper use by the buyer or use
by any third party except in accordance with the written instructions or advice of the B+B SmartWorx or
the manufacturer of the products, including without limitation surge and over voltage conditions that exceed
specified ratings, (ii) any products which have been adjusted, modified or repaired by any party other than
B+B SmartWorx or (iii) any descriptions, illustrations, figures as to performance, drawings and particulars of
weights and dimensions contained in the B+B SmartWorx catalogs, price lists, marketing materials or elsewhere
since they are merely intended to represent a general idea of the products and do not form part of this price quote
and do not constitute a warranty of any kind, whether express or implied, as to any of the B+B
SmartWorx products.
THE REPAIR OR REPLACEMENT OF THE DEFECTIVE ITEMS IN ACCORDANCE WITH THE EXPRESS WARRANTY SET
FORTH ABOVE IS B+B SMARTWORX SOLE OBLIGATION UNDER THIS WARRANTY. THE WARRANTY CONTAINED IN
THIS SECTION SHALL EXTEND TO THE ORIGINAL USER ONLY, IS IN LIEU OF ANY AND ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, AND ALL SUCH WARRANTIES AND INDEMNITIES ARE EXPRESSLY DISCLAIMED, INCLUDING
WITHOUT LIMITATION (I) THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND OF
MERCHANTABILITY AND (II) ANY WARRANTY THAT THE PRODUCTS ARE DO NOT INFRINGE OR VIOLATE THE
INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. IN NO EVENT SHALL B+B SMARTWORX BE LIABLE FOR
LOSS OF BUSINESS, LOSS OF USE OR OF DATA INTERRUPTION OF BUSINESS, LOST PROFITS OR GOODWILL OR
OTHER SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES B+B SMARTWORX SHALL DISREGARD
AND NOT BE BOUND BY ANY REPRESENTATIONS, WARRANTIES OR INDEMNITIES MADE BY ANY OTHER PERSON,
INCLUDING WITHOUT LIMITATION EMPLOYEES, DISTRIBUTORS, RESELLERS OR DEALERS OF B+B SMARTWORX
WHICH ARE INCONSISTENT WITH THE WARRANTY, SET FORTH ABOVE.