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Innovolt End-User Terms & Conditions
Innovolt provides a Limited Warranty to its end-users through its Distributors, Resellers, and Direct Enterprise Customers (“Pass Through Warranty”). To the extent you do not have or have misplaced your warranty information, please contact the entity from whom you purchased the Innovolt Devices. If you do not have Innovolt terms and conditions for the Device purchased from the distributor, reseller, or other entity, the terms and conditions for use and acceptance of the Device are found below. By placing your order or using the Device, you accept and are bound to the Innovolt Terms and Conditions of Sale.
(1) LIMITED WARRANTY.
Innovolt, Inc. (“INNOVOLT” or “Us”) warrants that such Devices, when used normally in accordance with the published guidelines, are free of defects in design, assembly, material and workmanship for the Warranty Period (the “Warranty”). The Warranty Period is one (1) year from shipment of the Device. For all returned Devices that are not faulty or failing, Purchaser shall reimburse Innovolt for all costs and expenses related to delivery and testing of the alleged faulty or failing Device during the Warranty Period. This Warranty is valid for the original purchaser of the INNOVOLT Devices, or for the end-purchaser of such Device when sold through distribution channels. INNOVOLT will repair or replace, at its option, any defective Device returned to us free of charge during the Warranty Period. Additional warranty coverage may be purchased if desired. The Devices must be registered with Innovolt in order for it to be protected by this Warranty. You can conveniently register your Device and equipment on-line on our website www.innovolt.com/support. Registration must be done within ninety (90) days of purchase.
All above warranties are null and void if:(1) the Device is not provided to INNOVOLT for inspection upon INNOVOLT’s request, (2) INNOVOLT determines that the Device has not been properly shipped or installed, has been altered in any way or has been tampered with or damaged, or (3) INNOVOLT determines that the Device was not used under normal operating conditions or in accordance with the labels or instructions. Other than through the Innovolt approved distribution channels, you may not transfer this Warranty. This Warranty terminates if you sell or otherwise transfer a warranted Device to another party.
All Devices must be plugged directly into the power source and must not be “daisy-chained” together in serial fashion with other power strips or other Devices or extension cords . A three-to two-prong adapter may not be used. Any such installation voids the Warranty. The Devices are not for use with aquariums, on any water-related products, and should be used for their intended design, indoors and in dry locations.
THIS WARRANTY IS EXCLUSIVE. NO OTHER WARRANTY OR GUARANTEE OF ANY KIND IS MADE UNLESS EXPRESSLY PROVIDED HEREIN, WE DISCLAIM ALL OTHER WARRANTIES AND GUARANTEES,EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF, QUALITY MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES IMPLIED BY, AND INCAPABLE OF EXCLUSION UNDER, APPLICABLE LAW AND SUCH IMPLIED WARRANTIES, IF ANY, ARE LIMITED IN DURATION TO THE TERM OF THIS WARRANTY OR IF A LESSER TERM IS SPECIFIED BY APPLICABLE LAW, THEN IT SHALL BE LIMITED TO THE TERM SPECIFIED BY APPLICABLE LAW. SOME STATES OR COUNTRIES DO NOT ALLOW LIMITATIONS ON WARRANTY TYPES OR HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. WE DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES PROVIDED FOR IN THIS LIMITED WARRANTY. IN NO EVENT SHALL INNOVOLT BE LIABLE FOR INCIDENTAL, SPECIAL, DIRECT, INDIRECT, CONSEQUENTIAL OR MULTIPLE DAMAGES SUCH AS, BUT NOT LIMITED TO, LOST BUSINESS OR PROFITS ARISING OUT OF THE PURCHASE OR USE OF ANY INNOVOLT DEVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH MAY VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGE, SO THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
RMA PROCESS FOR APPLICABLE WARRANTY CLAIMS
- Submit a request to our Support Portal by visiting innovolt.com/support and clicking Submit a Request
- Select Request an RMA or Warranty Claim from the drop down menu.
- The Innovolt support technician will send you a return label for the Innovolt device
- Ship the Innovolt device
The device will then be analyzed by Innovolt
- Please contact Innovolt with any questions regarding the claim submission process: www.innovolt.com/support
(3) LIMITATION OF LIABILITY. INNOVOLT WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE DEVICES PROVIDED HEREUNDER. NEITHER PARTY SHALL HAVE LIABILITY FOR THE FOLLOWING: (1) LOSS OF REVENUE, INCOME, PROFIT, OR SAVINGS; (2) LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF A SYSTEM OR NETWORK OR THE RECOVERY OF SUCH; (3) LOSS OF BUSINESS OPPORTUNITY; (4) BUSINESS INTERRUPTION OR DOWNTIME; OR (5) INNOVOLT DEVICES NOT BEING AVAILABLE FOR USE. INNOVOLT’S TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER AND/OR END-USER DURING THE PRIOR 12 MONTHS OF THIS AGREEMENT FOR THE SPECIFIC DEVICE GIVING RISE TO SUCH CLAIM(S). THESE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. THE PARTIES AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK COSTITUTING IN PART THE CONSIDERATION FOR INNOVOLT’S SALE OF DEVICES, OR SERVICES TO CUSTOMER OR END-USER, AND SUCH LIMITATIONS WILL APPLY. NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES.
(4) OTHER IMPORTANT TERMS
(A) PROPRIETARY RIGHTS/DATA. All right, title, and interest in the intellectual property (including all copyrights, patents, trademarks, trade secrets, and trade dress) embodied in the Devices, including any documentation, shall belong solely and exclusively to Innovolt or the applicable suppliers or licensors, and you shall have no rights whatsoever in any of the above, except as expressly granted in this Agreement. You may not reverse engineer, modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Devices or Software, in whole or in part. In connection with Device, Innovolt will obtain, receive, or collect data or information from the Device, relating to the electrical power to the facility and/or related appliance where the Devices are located (collectively, the “Data”). Innovolt will own such Data, and, upon Customer’s or End-Users’ written request, may provide a limited, non-exclusive, royalty-free, license to use and process the Data at its location. In addition, Innovolt may aggregate and use the Data in support of Innovolt’s marketing and sales activities.
(B) Indemnification. Innovolt shall defend and indemnify you against any third-party claim or action that the Devices or Software delivered pursuant to this Agreement infringe or misappropriate that third party’s U.S. patent, copyright, trade secret, or other intellectual property rights (“Indemnified Claims”). In addition, if Innovolt receives prompt notice of an Indemnified Claim that, in Innovolt’s reasonable opinion, is likely to result in an adverse ruling, then Innovolt shall at its option, (1) obtain a right for you to continue using such Devices or Software; (2) modify such Devices or Software to make them non-infringing; (3) replace such Devices or Software with a non-infringing equivalent; or (4) or provide a reasonable depreciated or pro rata refund for the allegedly infringing Device or Software. Notwithstanding the foregoing, Innovolt shall have no obligation under this Section for any claim resulting or arising from (1) modifications of the Devices or Software that were not performed by or on behalf of Innovolt; (2) the combination, operation, or use of the Devices or Software in connection with a third-party product, software, or service (the combination of which causes the claimed infringement); or (3) Innovolt’s compliance with your written specifications or directions, including the incorporation of any materials or processes provided by or requested by you. Innovolt’s duty to indemnify and defend under this Section is contingent upon: (x) Innovolt receiving prompt written notice of the third-party claim or action for which Innovolt must indemnify Customer, (y) Innovolt having the right to solely control the defense and resolution of such claim or action, and (z) your cooperation with Innovolt in defending and resolving such claim or action. This Section states Customer’s exclusive remedies for any third-party intellectual property claim or action, and nothing in this Agreement or elsewhere will obligate Innovolt to provide any greater indemnity to Customer. ALL OTHER INDEMNITIES ARE DISCLAIMED. You shall defend and indemnify Innovolt against any third-party claim or action arising out of your breach of Innovolt’s proprietary rights as stated in this Agreement. Each party shall defend and indemnify the other party against any third-party claim or action for personal bodily injury, including death, to the extent directly caused by the indemnifying party’s gross negligence or willful misconduct in the course of performing its obligations under this Agreement.
(C) MISCELLANEOUS. The documentation provided with the Devices and Software are “commercial items” as that term is defined at 48 C.F.R. 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4, all U.S. Government end-users acquire the documentation with only those rights set forth herein. This Agreement and any claim, dispute, or controversy, whether in contract, tort, or otherwise, including statutory, consumer protection, common law, intentional tort and/or equitable claims, between Innovolt and end-user, including their affiliates, contractors, and agents, and each of their respective employees, directors, and officers arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Innovolt’s advertising, or any related purchase (a “Dispute”) shall be governed by the laws of the State of Georgia, without regard to conflicts of law. The parties agree that the UN Convention for the International Sale of Goods will have no force or effect on this Agreement. The parties agree that any Dispute shall be brought exclusively in the state or federal courts located in Fulton County, Georgia. Customer/ End-User and Innovolt agree to submit to the personal jurisdiction of the state and federal courts located within Fulton County, Georgia, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts. The parties agree to waive, to the maximum extent permitted by law, any right to a jury trial with respect to any Dispute. INNOVOLT Shall be liable for any claim brought more than one (1) year after the cause of action for such claim first arose. Customer and/or End-User and Innovolt will attempt to resolve any Dispute through face-to-face negotiation with persons fully authorized to resolve the Dispute or through mediation utilizing a mediator agreed to by the parties, rather than through litigation. The existence or results of any negotiation or mediation will be treated as confidential.