Hardware Limited Warranty Statement

* Crunchtime will provide a cross-ship replacement for out-of-box failures for a period of forty-five (45) days from the date of shipment. Warranty Repair requests after such forty-five (45) day period must be directly requested from the device manufacturer.

During the Warranty Period, Crunchtime will, at its sole and exclusive option, (i) repair or replace defective components or parts (“Parts”) of the Product with new Parts or serviceable used Parts that are substantially equivalent to the original installed Parts in function and performance or (ii) provide a replacement Product of Crunchtime’s choosing that is the same or at least as equivalent as the Product covered under this Limited Warranty.

Crunchtime owns all Parts removed from repaired Products, and all Products for which replacement Products are provided. Repair or replacement of a Product or Part shall not extend the Warranty Period. Replacement Parts are warranted to be free from defects in material and workmanship under normal use for a period of sixty (60) days beginning on the date of shipment from Crunchtime’s facilities in the U.S. or the UK or for the remainder of the Warranty Period for the Product in which the replacement Parts are installed, whichever is longer.

Crunchtime will, at its sole option, repair or replace Products covered under this Limited Warranty that are returned to Crunchtime’s facility. This Limited Warranty shall not obligate Crunchtime to provide warranty services at any location or site other than Crunchtime’s facility. To request warranty service, you must call or e-mail Crunchtime within the Warranty Period and, if warranty service is warranted, Crunchtime will issue a Return Material Authorization Number (“RMA”) to you. You must then ship the Product(s) back to Crunchtime in its/their original or equivalent packaging using the RMA so issued to you, prepay all applicable shipping charges, and insure the shipment or accept the risk of loss or damage during shipment. In any instance in which Crunchtime issues a RMA, Crunchtime must receive the Product(s) prior to the expiration of the Warranty Period in order for the repair or replacement to be covered by this Limited Warranty. Crunchtime will ship the repaired or replacement Products back to you, freight prepaid, from Crunchtime. if you use an address in the U.S. (excluding Puerto Rico and U.S. possessions) or from Crunchtime UK if you use an address in the UK. Shipments to other locations will be made freight collect. If Crunchtime determines that the Product returned to Crunchtime pursuant to a proper request for warranty service is not actually defective, then Crunchtime reserves the right to charge a fair and reasonable fee for the testing, handling, and return shipment of the Product to you.

BEFORE YOU DELIVER THE PRODUCT FOR WARRANTY SERVICE, IT IS YOUR RESPONSIBILITY TO KEEP A SEPARATE BACKUP COPY OF THE SYSTEM SOFTWARE, APPLICATION SOFTWARE AND DATA; TO DISABLE ANY SECURITY PASSWORDS AND TO REMOVE ANY CONFIDENTIAL, PROPRIETARY OR PERSONAL INFORMATION FROM THE PRODUCT. YOU WILL BE RESPONSIBLE FOR REINSTALLING ALL SUCH SOFTWARE, DATA AND PASSWORDS. DATA RECOVERY IS NOT INCLUDED IN THE WARRANTY SERVICE AND CRUNCHTIME IS NOT RESPONSIBLE FOR DATA THAT MAY BE LOST OR DAMAGED DURING TRANSIT OR REPAIR.

In the unlikely event the Product has a recurring failure, or Crunchtime otherwise determines that repair or replacement of the Product covered by this Limited Warranty is not commercially practical or cannot be completed in a timely manner, then Crunchtime, in its sole and exclusive discretion, may elect to refund the actual purchase price paid for the covered Product in lieu of further warranty obligations.

This Limited Warranty does not cover damage due to external causes, including Acts of God, accident, abuse, misuse, problems with electrical power, servicing not authorized by Crunchtime, usage not in accordance with Product instructions, failure to perform preventative maintenance, failure due to dust or dirt, and problems caused by use of parts or components not supplied by Crunchtime. This Limited Warranty does not cover any items in the following categories: (i) software; (ii) user data; (iii) external devices; (iv) accessories or parts added to the Product after being shipped from Crunchtime; (v) accessories or parts added to the Product that are not installed at a Crunchtime facility; and (vi) consumables and supplies.

CRUNCHTIME DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. CRUNCHTIME IS NOT RESPONSIBLE OR LIABLE FOR DAMAGE THAT OCCURS AS A RESULT OF YOUR FAILURE TO FOLLOW THE INSTRUCTIONS THAT CAME WITH THE PRODUCT. THE LIMITED WARRANTY STATED ABOVE IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCT. ANY AND ALL OTHER WARRANTIES (INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) ARE HEREBY SPECIFICALLY DISCLAIMED BY CRUNCHTIME. ANY IMPLIED WARRANTIES THAT MAY BE IMPOSED BY APPLICABLE LAW ARE LIMITED IN ALL RESPECTS TO THE DURATION OF THIS LIMITED WARRANTY. IN NO EVENT SHALL CRUNCHTIME OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, PROFITS, GOODWILL, DATA OR USE OF THE PRODUCT, WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE PRODUCT OR ANY SOFTWARE WHICH ACCOMPANIES THE PRODUCT, EVEN IF CRUNCHTIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE CUSTOMER AGREES THAT REPAIR OR REPLACEMENT, AS APPLICABLE, UNDER THE LIMITED WARRANTY DESCRIBED HEREIN ARE THE CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES WITH RESPECT TO ANY BREACH OF THE LIMITED WARRANTY AS SET FORTH HEREIN. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights, and you may also have other rights which may vary from state to state. You are advised to consult applicable laws for a full determination of your rights. This Limited Warranty is governed by the laws of the Commonwealth of Kentucky.

These provisions apply to Crunchtime’s limited warranty only. For provisions of any on-site service contract covering your system, refer to the separate on-site service contract that you may receive.

These warranty provisions do not apply to: (i) any Product repaired by parties other than Crunchtime, or to any parts used for said repair purposes, even if the third party is authorized to purchase said parts from Crunchtime for the purpose of providing such repairs; (ii) any Crunchtime Product for which non-Crunchtime supplied components or replacement parts are added by you or some other third party who is not specifically authorized by Crunchtime to use said components or parts; or (iii) any non-Crunchtime hardware products not listed in the table above, even if said non-Crunchtime hardware products were sold to you by Crunchtime.

These terms and conditions constitute the complete and exclusive warranty agreement between you and Crunchtime regarding the Product(s) you have purchased from Crunchtime. These terms and conditions supersede any prior agreements or representations including, without limitation, any representations made by Crunchtime representatives or in any Crunchtime sales literature that may have been made in connection with the purchase of the Products. No change to the conditions of this Limited Warranty shall be valid unless it is made in writing and signed by an authorized representative of Crunchtime.

Crunchtime Temperature Monitoring Sensors and Gateways Hardware Warranty Statement

Crunchtime warrants Temperature Monitoring Sensors and Gateways against defects in materials and workmanship, when used in accordance with this Addendum, for a period of one (1) year from the date of shipment to Customer (Warranty Period).

This warranty is not assignable.

This warranty does not apply to:

1. software;
2. consumable parts, such as batteries, unless failure has occurred due to a defect in materials or workmanship;
3. cosmetic damage, including but not limited to scratches or dents; (iv) damage caused by use with another product;
4. damage caused by accident, abuse, misuse, liquid contact, fire, earthquake or other external cause;
5. damage caused by operating the Hardware other than in accordance with this Addendum; (vii) damage caused by service (including upgrades and expansions) performed by anyone other than Crunchtime or a Crunchtime subcontractor;
6. Hardware that has been modified by anyone other than Crunchtime or a Crunchtime subcontractor;
7. defects caused by normal wear and tear or otherwise due to the normal aging of the Hardware;
8. any Hardware from which any service tags, serial number, or labels have been removed; or
9. Hardware for which Crunchtime has not received payment.

Customer must initiate a warranty claim within the Warranty Period, by contacting Crunchtime at support@crunchtime.com.

Upon contacting Crunchtime, Customer will be required to engage in a remote diagnosis session to help determine the cause of the issue.

If Crunchtime determines that the issue is the result of a defect in materials or workmanship, then Crunchtime will ship replacement Hardware, and Customer must send the defective Hardware back to Crunchtime.

Customer must return the Hardware in its original or equivalent packaging, using the pre-paid shipping label provided by Crunchtime in accordance with the RMA Process. This section states Crunchtime’s sole liability and Customer’s sole and exclusive remedy under this Hardware Warranty.