LEXIOT - Terms And Conditions
This Warranty, Indemnity and Disclaimer (the “Warranty”) represents the sole warranty terms between “LEXIOT” and you pertaining to your purchase of a LEXIOT device (hereinafter, the “Hardware”) with which this Warranty is included. You should only use the Hardware in accordance with the recommendations and specifications in the LEXIOT User Manual.
LEXIOT only warrants that the Hardware will be free from defects in material and workmanship for one (1) year (the “Limited Warranty”). In the event of a defect, the allegedly defective Hardware is to be returned to LEXIOT at your sole expense. You must contact LEXIOT before returning any allegedly defective Hardware. If such Hardware is found by LEXIOT to be defective, LEXIOT, at it’s sole option. Will repair or replace the Hardware with a functionally similar LEXIOT device within thirty (30) business days of receipt thereof or, if LEXIOT determines that it is unable to repair or replace the Hardware, LEXIOT will refund you the purchase price you paid for the defective Hardware. You will be required to furnish proof of purchase details when making a claim under this warranty.
Notwithstanding the foregoing, no warranty, expressed or implied, will extend to any Hardware (i) where identification labels on the Hardware have been removed or altered, (ii) where the purchase price was waived, (iii) which has been subjected to misuse, neglect, accident, improper storage or installation, or other use not in conformance with the recommendations and specifications in the LEXIOT User Manual, or (iv) which has been repaired, modified, or altered by anyone other than LEXIOT.
Except as expressly set forth herein, The Hardware is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. LEXIOT warrants that the hardware Is free from manufacturing defects that would substantially affect the function of the Hardware under normal installation and use but does not warrant that operation of such hardware will be secure or uninterrupted. In no event shall LEXIOT, nor its principals, nor its clients or partners , if any, be liable for any direct, indirect, incidental, special, exemplary, or consequential damages, including, but not limited to , procurement of substitute goods or services, business interruption, loss of use, data or profits, however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence of otherwise) arising in any way out of the use of the Hardware or services relate to the use of the Hardware, even if advised of the possibility of such damage.
In addition, the Warranty will not cover problems that result from (i) disasters including fire, water, earthquakes or other acts of nature; (ii) electrical conditions such as those caused by lightning strikes, power fluctuations, electrical surges or outages, or any other such condition that may affect the electricity source; (iii) loss or damage in transit; (iv) failure caused by a product for which LEXIOT is not responsible; (v) normal wear and tear; (vi) a failure to follow the recommendations and specifications in the LEXIOT User Manual; or (vii) any other cause which does not relate to a Hardware defect.
Without limitation, LEXIOT does not warrant any merchandise, options, or actions which are represented by users of the Hardware or services related to the use of the Hardware, website, links, buttons, or banners.
You agree that use of the Hardware is at your own risk and neither LEXIOT, nor its principals, nor its clients or partners, if any, shall liable for any claims, liabilities, losses, damages, costs or expenses of any kind arising from or related to either your use of the Hardware or any other LEXIOT service or offering, including but not limited to those services related to the use of the Hardware. You further agree to indemnify and hold LEXIOT and its principals harmless from and with respect to any and all claims, liabilities, losses, damages, costs and expenses, joint or several, under statute, common law or otherwise, costs and expenses, joint or several, under statute, under statute, common law or inability to use or misuse of the Hardware or services related to the use of the Hardware.
LEXIOT expressly disclaims, and you accept all responsibility for, any damages or costs arising from your installation, use, and removal of the Hardware. Such potential damages include, but are not limited to , damage to the presides where the Hardware is installed, including damage to any finish, paint, or other surface; any damages caused by use of the Hardware; and any fees charged by any third parties due to your installation or removal other Hardware on owned, leased or rented premises.
In no event will LEXIOT total cumulative liability in connection with or related to the Hardware, from all causes of action of any kind, including but not limited to tort, contract, negligence, strict liability and breach of warranty, exceed the amount you paid for the Hardware that is the subject of the claim.
The Warranty is provided to you only and is not transferable to any third party. This Warranty is governed by the laws of the State of Telangana in India and any dispute arising thereto is subject to the jurisdiction to the State of Telangana in India. This Warranty constitutes the sole and exclusive agreement between the parties regarding the Hardware.
If any provision of this Warranty is judged to be invalid or unenforceable, those provisions shall be severed from this warranty and the remaining provisions shall continue in full force ad effect. LEXIOT reserves the right to amend or modify the terms of this Warranty at any time without prior notice to you. Any changes to this Warranty shall apply only to new products or Hardware purchased after such changes take effect and are made available to you.