5. WHAT THIS LIMITED WARRANTY DOES NOT COVER
This warranty does not cover the following (collectively “Ineligible Products”):
Products marked as “sample” or sold “AS IS”; or Products that have been
subject to: (a) modifications, alterations, tampering, or improper maintenance
or repairs; (b) handling, storage, installation, testing, or use not in accordance
with instructions provided by Skydrop; (c) abuse or misuse of the Product; (d)
breakdowns, fluctuations, or interruptions in water supply, electric power or
the telecommunications network; or (e) Acts of God, including lightning, flood,
tornado, earthquake, or hurricane. This warranty does not cover consumable
parts, including batteries, unless damage is due to defects in materials or
workmanship of the Product, or software (even if packaged or sold with the
product). Skydrop recommends that you use only authorized service providers
for maintenance or repair. Unauthorized use of the Product or software can
impair the Product‘s performance and may invalidate this Limited Warranty.
Unless explicitly promising a “guarantee,” Skydrop does not guarantee or
promise any specific level of water savings or other monetary benefit from
the use of a Product or any feature of it. Actual water savings and monetary
benefits vary with factors beyond Skydrop’s control or knowledge.
6. DISCLAIMER OF WARRANTIES
EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, AND TO THE
MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYDROP 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. TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYDROP ALSO
LIMITS THE DURATION OF ANY IMPLIED WARRANTIES OR CONDITIONS TO
THE DURATION OF THIS LIMITED WARRANTY.
7. LIMITATION OF DAMAGES
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT
WILL SKYDROP BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL,
EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST
DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED
WARRANTY OR THE PRODUCT, AND SKYDROP’S TOTAL CUMULATIVE
LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY OR
THE PRODUCT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE
PRODUCT BY THE ORIGINAL PURCHASER.
8. LIMITATION OF LIABILITY
YOU HAVE THE ABILITY TO USE CERTAIN SKYDROP SERVICES (“SERVICES”)
WITH YOUR PRODUCTS. YOUR USE OF THOSE SERVICES ARE SUBJECT
TO SEPARATE TERMS OF SERVICE.
9. VARIATIONS THAT MIGHT APPLY TO THIS LIMITED WARRANTY
Some jurisdictions do not allow limitations on how long an implied warranty
lasts or exclusions/limitations on incidental or consequential damages, so some
of the limitations set out above may not apply to you.
Warranty active as of August 2014.
