Airnexus warrants to the original end user purchaser ("Customer") of each new Airnexus product ("Airnexus Product") that such Airnexus Product hardware and components ("Product Hardware"), when used in accordance with the technical Spec Sheets furnished by Airnexus, available with the Airnexus Product or at http://www.airnexus.io/ ("Documentation"), will be free, in all material respects, of defects in materials and workmanship under normal use ("Limited Warranty"). This Limited Warranty is non-transferable and sets forth Airnexus's sole and exclusive liability, and the sole and exclusive remedies available in relation to any non-conformity, defect or similar claim.

For customers who are covered by consumer protection laws and/or regulations in their country of purchase, the benefits conferred by this limited warranty are in addition to all rights and remedies conveyed by such consumer protection laws and regulations.

This Limited Warranty runs for a period of two (2) years from the date of invoice of the Airnexus Product to the customer ("Warranty Period"). The Customer must retain the appropriate documentation as proof of the purchase date. This Limited Warranty extends only to the first customer of the Product and is not transferable.

Subject to the terms and limitations set forth herein, this Warranty covers material defects in material and workmanship in the product under normal consumer use and during the Warranty Period (the “Malfunction”). A Product that is suspected of Malfunction shall be reported to an authorized Airnexus partner via a support ticket with confirmation that the report has been received. The report must be received by the Airnexus partner during the Warranty Period and shall contain a written description of the Malfunction in sufficient detail, allowing Airnexus to identify and reproduce the Malfunction and to consider repairing it or replacing the Product. An online remote assessment will need to be completed first. Airnexus reserves the right to examine the alleged Malfunction to determine whether this Warranty is applicable, and final determination of warranty coverage lies solely with Airnexus. If Airnexus determines that the Malfunction cannot be repaired or replaced, Airnexus’s sole obligation is, at Airnexus’s sole discretion, to either refund the payment actually received by it for such Product or replace the Product. It is agreed that repair or replacement of a Product due to Malfunction shall not extend the original Warranty Period provided with the repaired or replaced Product. All Products and supporting documents provided to Airnexus as part of the above process shall become the property of Airnexus, and may not be returned to the customer.

This Limited Warranty does not cover, and Airnexus and its suppliers are not responsible for:

(A) Damage, malfunction, or inoperability of the Airnexus Product caused by:

​ ​(i) Shippers or delivery services, or due to Customer improperly opening the Airnexus Product packaging;

​ ​(ii) Operation, storage, or application of the Airnexus Product outside of the environmental, temperature, and other specifications provided in the Documentation;

​ ​(iii) Acts of God, including, but not limited to, flood, fire, earthquake, lightning, electrical surges, or any other external cause;

​ ​(iv) Any act beyond Airnexus's direct control, including, but not limited to, unauthorized repair or installation by Customer or third party, accident, abuse, misuse, neglect, use of incompatible devices and accessories, operating the Airnexus Product outside the permitted or intended uses provided in the Documentation, or any other reason besides a defect in material or workmanship;

​ ​(v) Use of incorrect voltage lines, fuses, circuit breakers, or incompatible load types as set forth in the Documentation, or failure to provide adequate, continuous, compatible power to the Product, if applicable;

​ ​(vi) Interference from radio frequencies, infrared sources, or obstacles;

​ ​(vii) Normal wear and tear, or failure to install, maintain, or repair the Airnexus Product in accordance with the Documentation and the applicable provisions of law for the jurisdiction where the Airnexus Product is being installed;

​ ​(viii) Any product, part or software that has been modified to alter functionality or capability without the express written permission of Airnexus;

​ ​(ix) Batteries and consumable parts (if any), unless damage occurred due to a defect in materials or workmanship in the Airnexus Product;

​ ​(x) Cosmetic damage, including, but not limited to, scratches, dents and normal wear and tear;

​ ​(xi) Airnexus Product in which the serial number has been removed or defaced; and

​ ​(xii) any damage, malfunction, or inoperability arising from installation, maintenance, or programming performed by an independent contractor, including, without limitation, any partner recommended or certified by airnexus.

(B) Any on-site labor costs incurred by Customer for the diagnosis, removal, repair, reinstallation, and/or reprogramming of the Airnexus Product;

(C) Any non-Airnexus hardware, including the functionality of third-party products controlled or automated by Airnexus Products or Software (an "Airnexus System"), batteries or software product (manufacturers, suppliers, or publishers, other than Airnexus may provide their own warranties to Customer for their products, but Airnexus, unless permitted by law, provides non-Airnexus Products only “AS IS”); and

(D) The cost of repair or replacing, or compensation for, any property that is damaged when an Airnexus Product does not work properly, even if the damage was caused by an Airnexus Product (see Section 10 for additional details about this exclusion).

Airnexus does not warrant that operation of the airnexus products will be error-free or uninterrupted or that the Airnexus products will in every case process all data correctly. Customer acknowledges that Airnexus does not control customer’s equipment or the transfer of data over communications facilities, including the internet. Airnexus, its affiliates, suppliers and other providers are not responsible for any limitation, interruptions, delays, cancellations, delivery failures, data loss, content corruption, packet loss, or other damage inherent in the use of communications equipment. Airnexus does not warrant the product to be immune from viruses, intrusion or attack. Airnexus does not represent or warrant that product information will be available, accurate, or reliable. Customer uses all applicable product information, services, and the Airnexus Product at Customer's discretion and risk. Customer will be solely responsible for any and all loss, liability, or damages, including Customer's appliances, plumbing, electrical wiring, wired or wireless networks, home, computers, mobile devices, and all other items in Customer's residence or commercial property, resulting from Customer's use of the Airnexus Products, product information, or services, even if the damage was caused by Airnexus Product (see Section 10 for additional details about these limitations).

Airnexus products are not intended or licensed for, and Airnexus specifically disclaims liability for use of the Airnexus products in, critical control, on-line control equipment, hazardous, high risk or fail-safe activity, such as in the operation of direct life-support machines, weapons systems, or other uses in which failure of the Airnexus system could lead directly to death, personal injury, or severe physical or environmental damage.

In order to obtain warranty service, Customer must submit a valid claim to an authorized Airnexus partner via a support ticket. To submit a valid claim, Customer must complete the following requirements (all together, a “Valid Claim”):

(A) Provide written notice to a Partner that describes the location of the Airnexus Product and nature of the non-conformity, and includes proof of the Customer's purchase date (“Notice”);

(B) Provide such notice:

​ ​(i) Within the Hardware Warranty Period, and

​ ​(ii) Within thirty (30) days of discovery of the non-conformity; and

(C) Obtain a Return Merchandise Authorization (“RMA”) number from a Partner, and

(D) Securely pack and ship the defective Airnexus Product to the Partner that provided the RMA (with Customer assuming all costs and risks associated with transportation),

​ ​(i) Within thirty (30) days from the date the RMA was issued (RMA numbers may be cancelled if the Airnexus Product is not received by the Partner within the thirty (30) day period),

​ (ii) With the RMA number clearly marked on the outside of each box being returned.

Any shipment that does not meet all of the Valid Claim requirements may be refused by Airnexus. Airnexus is not responsible for any refused shipments or any damage caused due to shipping, whether or not it was a Valid Claim. Customer shall be responsible for return shipment charges for Product returned where Airnexus determines there is no defect with the Product, or that Product is not eligible for warranty service under this Limited Warranty. Compliance with these requirements is a condition to coverage under this Limited Warranty. Please note that no guarantees in time are made to how long a repair or diagnosis will take.

Upon receipt of a Valid Claim, Airnexus will, at its option and to the extent permitted by law, either:

(A) Repair the Product hardware defect, at no charge, using new or refurbished replacement parts,

(B) Exchange the applicable Airnexus Product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the Airnexus Product, or

(C) Refund the Airnexus Product purchase price paid by Customer.

A replacement product or part that has been installed by Airnexus assumes the remaining Hardware Warranty Period (plus the period from the date the Airnexus Product is shipped for warranty service until the return date when the Airnexus Product is received by the Customer after undergoing warranty service) of the original Product Hardware or ninety (90) days from the date of replacement or repair, whichever provides longer coverage to Customer. When a product or part is exchanged, any replacement item becomes Customer's property, and the replaced item becomes Airnexus's property. When a refund is given, the Airnexus Product for which the refund is provided must be returned to Airnexus, and it becomes Airnexus's property.

Before Customer delivers the Airnexus Product for warranty service, it is Customer's responsibility to keep a separate backup copy of the contents and disable security passwords (if any). The contents of customer’s Airnexus product may be deleted and the storage media reformatted in the course of warranty service. The Airnexus Product will be returned to Customer configured as originally purchased, subject to applicable updates. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty.

To the extent permitted by applicable law, the warranties set forth above are the sole and exclusive liability of Airnexus towards the customer and the customer’s sole and exclusive remedy from Airnexus in connection with the product, and are made expressly in lieu of and exclude all other warranties, whether express (including written or oral), implied or statutory, including, without limitation, any warranties with respect to non-infringement of third party rights, quality, suitability, merchantability or fitness for a particular purpose. Where such statutory or implied warranties cannot lawfully be disclaimed, then to the extent permitted by law, all such warranties shall be limited in duration to the duration of the express limited warranty contained herein and the remedies of repair, replacement, or refund as determined by Airnexus in its sole discretion shall be the exclusive remedy of the customer. No oral or written representations made by Airnexus or any seller, reseller or distributor of the product, including employees and agents thereof, shall create any additional warranty obligations, increase the scope, or otherwise modify in any manner the terms of this limited warranty. Under no circumstances shall Airnexus or its sub-contractors be liable to the customer, or to any other party, whether in contract, tort or otherwise, for any damages, whether direct or indirect, consequential, incidental, special or punitive, caused or arising, directly or indirectly, in connection with this warranty, the product, its use or otherwise, including, without limitation, loss of data, equipment down time, loss of profits, business, income, anticipated savings, goodwill or other commercial loss, even if Airnexus had been advised of the possibility of such damages, except to the extent that such liability may not lawfully be excluded. Notwithstanding anything to the contrary herein, in no event and under no circumstances shall Airnexus be liable towards the customer’s customers, and this warranty is not and shall not be construed as a contract or undertakings to the benefit of third parties other than the customer. The customer shall indemnify Airnexus and hold it harmless from and against any loss, damage liability or expense incurred by Airnexus by reason of any claim or demand made by a third-party, to the extent that such claim or demand is in excess of the obligations of Airnexus under this warranty.

To the extent permitted by applicable law, Airnexus does not warrant that the operation of any product will meet customer's requirements, work in combination with any hardware or software applications or third-party services, be uninterrupted, error-free, or without risk to, or loss of, any information, data, software or applications contained therein, or that defects in the products or software will be corrected.

In no event shall Airnexus’s maximum aggregate liability relating to the Product exceed the price actually paid to and received by Airnexus for the Product as of the time such liability is conclusively determined.

The remedies stated in this Warranty are Airnexus’s sole and exclusive obligations and liability for breach of this Warranty.

To ensure full warranty and support services are provided to both the Airnexus partner and the end customer, all outstanding invoices must be paid in full. Full access to all support and warranty conditions is only available if there are no outstanding balances or disputes.

To the extent permitted by law, this Limited Warranty will be interpreted, construed and enforced in all respects in accordance with the laws of the jurisdiction where the Airnexus Product was purchased, without reference to its conflict of laws rules. Customer consents to the exclusive general jurisdiction of the courts of the jurisdiction where the Airnexus product was purchased, and hereby waives any objection to such venue. The UN Convention on Contracts for the International Sale of Goods will not apply to this Limited Warranty. If any provision of this Limited Warranty is found to be invalid or unenforceable, then the remainder shall have full force and effect, and the invalid provision shall be enforced to the maximum extent permitted by law to effectuate the purposes of this Limited Warranty. Any of the provisions of this Limited Warranty may be waived by the party entitled to the benefit thereof.

No reseller, vendor, distributor, partner, retailer, sales person or other person is authorized by Airnexus to modify this limited warranty or to make any warranty, representation or promise which is in addition to, different from, or inconsistent with the warranties, representations or promises expressly set forth in this limited warranty. A current version of this Limited Warranty can be found by visiting http://www.airnexus.io.

To obtain warranty service, please access and review the online Customer Support section on the Airnexus website prior to requesting warranty service. A representative of Airnexus will help determine whether the Product requires service. Customer may be required to download, or otherwise obtain and accept software updates from Airnexus. If this does not fix the problem, Customer will receive instructions on how to ship the Product to Airnexus. The shipping cost shall be borne by Customer. To obtain service, as permitted by applicable law, Customer may be required to include a copy of receipt, bill of sale or other comparable proof of purchase, a written description of the problem, the name of and Customer's address and telephone number. Please note that no guarantees in time are made to how long a repair or diagnosis will take.