This limited warranty covers new Radon and Indoor Air Quality Monitor products manufactured and sold by SunRADON LLC (“SunRADON”) and purchased from SunRADON or an authorized reseller of SunRADON, except as otherwise indicated below, and incorporates SunRADON’s Terms & Conditions, as applicable.
WHAT THIS LIMITED WARRANTY COVERS
If you are the owner of a Radon or Indoor Air Quality Monitor manufactured and sold by SunRADON (a “SunRADON Monitor”) SunRADON warrants to you that the SunRADON Monitor will be free from defects in material and workmanship for a period of ninety (90) days from the date of shipment following its original retail purchase (the “Warranty Term”), except as otherwise indicated below, including the limitations, exceptions, exclusions and disclaimers described below.
This limited warranty is available only if you purchased the product directly from SunRADON or its authorized resellers. This warranty is only available to the original purchaser of the SunRADON Monitor and is non-transferrable.
If the SunRADON Monitor fails to conform to this limited warranty during the Warranty Term and you make a claim in accordance with the process described below, SunRADON will, at its option, either repair or replace the non-conforming SunRADON Monitor or components of the SunRADON Monitor provided that it has been returned to SunRADON in accordance with the process described below. SunRADON may repair or replace the non-conforming SunRADON Monitor or components with a new or refurbished product or components in its sole discretion. If the non-conforming SunRADON Monitor or component is no longer available, SunRADON may, in its sole discretion, replace the non-conforming SunRADON Monitor with a substantially similar product or provide another equitable remedy as determined by SunRADON in its sole discretion. Any SunRADON Monitor that has been repaired or replaced under this limited warranty is warranted under this limited warranty for the unexpired portion of the SunRADON Monitor’s original Warranty Term. SunRADON owns all replaced SunRADON Monitors and components removed from repaired SunRADON Monitors.
THE FOREGOING REMEDIES ARE YOUR EXCLUSIVE REMEDIES AND SUNRADON’S SOLE LIABILITY FOR BREACH OF THIS LIMITED WARRANTY.
PROCESS FOR MAKING A CLAIM UNDER THIS LIMITED WARRANTY
To make a claim under this limited warranty for SunRADON Monitors purchased directly from SunRADON, you must contact SunRADON’s Customer Support at firstname.lastname@example.org or through a web portal or other means expressly made available to you by SunRADON for such purpose within the Warranty Term and comply with the return shipping instructions provided by SunRADON. You must ship the SunRADON Monitor back in its original or equivalent packaging, prepay shipping charges, and accept the risk of loss or damage during shipment (you may insure the shipment at your discretion). For warranty claims for SunRADON Monitors purchased via Amazon or other third-party authorized reseller, please contact the point of sale for additional instructions relating to warranty claims. SunRADON will have no obligation under this limited warranty with respect to a returned SunRADON Monitor that is ineligible as noted in “Limitations, Exceptions, Exclusions and Disclaimers” below or elsewhere herein. SunRADON will bear the expense of shipping a repaired or replaced SunRADON Monitor to you, provided that if SunRADON determines the SunRADON Monitor is ineligible for warranty service, the SunRADON Monitor will be returned to you at your expense.
LIMITATIONS, EXCEPTIONS, EXCLUSIONS AND DISCLAIMERS
SunRADON shall have no obligation to you if the warranty claim results from or arises out of: (i) use of the SunRADON Monitor in combination with any software, tools, hardware, equipment, supplies, accessories or any other products or services not furnished by SunRADON or recommended in writing by SunRADON; (ii) use of the SunRADON Monitor other than its intended use in accordance with SunRADON’s published user documentation or otherwise in a manner or environment, or for any purpose, for which the product was not designed or in violation of SunRADON’s specifications, recommendations or instructions for use; (iii) abuse or other misuse of the SunRADON Monitor; (iv) any service, alteration, modification or enhancement of the SunRADON Monitor by you or any third-party not authorized or approved in writing by SunRADON; (v) Acts of God, such as flood, tornado, fire, hurricane or earthquake; or (vi) any other cause external to the SunRADON Monitor or beyond SunRADON’s reasonable control.
This limited warranty does not cover the SunRADON Monitor to the extent it is used in any country other than the country to which SunRADON ships the SunRADON Monitor, unless SunRADON expressly agrees otherwise in writing. This limited warranty further does not cover consumable parts (such as batteries) or products or services other than the SunRADON Monitor, even if packaged or sold with the SunRADON Monitor, or used in connection with the SunRADON Monitor.
EXCEPT FOR THIS LIMITED WARRANTY, SUNRADON DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SUNRADON MONITOR, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE.
YOU UNDERSTAND AND AGREE THAT THE SUNRADON MONITORS ARE DETECTION PRODUCTS. THESE PRODUCTS DO NOT AVOID OR REDUCE THE OCCURRENCE OF EVENTS THEY ARE DESIGNED TO DETECT AND WILL NOT AVOID OR REDUCE THE CONSEQUENCES OF SUCH OCCURRENCES. ACCORDINGLY, SUNRADON MAKES NO EXPRESS OR IMPLIED WARRANTY THAT THE SUNRADON MONITORS WILL AVOID OR REDUCE THE OCCURENCES OF EVENTS OR THEIR CONSEQUENCES. SUNRADON MONITORS REQUIRE BATTERIES OR ELECTRICAL POWER TO OPERATE. SUNRADON MAKES NO WARRANTIES WITH RESPECT TO BATTERIES OR ELECTRICAL POWER, INCLUDING WITHOUT LIMITATION REGARDING THE LIFE OF BATTERIES USED IN SUNRADON MONITORS OR THAT ACCESS TO ELECTRICAL POWER WILL BE UNINTERRUPTED.
YOU INSTALL SUNRADON MONITORS AT YOUR OWN DISCRETION AND RISK. SUNRADON MONITORS MAY PERMIT YOU TO CHOOSE SETTINGS, AND THE SETTING YOU CHOOSE MAY CAUSE NON-RECOMMENDED OR UNINTENDED OPERATION OF THE SUNRADON MONITOR. YOU WILL BE SOLELY RESPONSIBLE FOR, AND SUNRADON DISCLAIMS, ANY AND ALL LIABILITY, LOSSES AND OTHER DAMAGES RESULTING FROM YOUR INSTALLATION OR USE OF SUNRADON MONITORS, INCLUDING WITHOUT LIMITATION RESULTING FROM THE CHOICES YOU MAKE FOR THE PARTICULAR SETTINGS FOR PRODUCTS OR SERVICES.
SERVICES WE MAKE AVAILABLE FOR USE IN CONNECTION WITH SUNRADON MONITORS MAY PROVIDE YOU WITH INFORMATION REGARDING YOUR USE OF SUNRADON MONITORS OR OTHER ANCILLARY PRODUCTS OR SERVICES CONNECTED TO MONITORS (“MONITOR INFORMATION”) AND INCLUDE OR PROVIDE YOU WITH ACCESS TO OTHER CONTENT. ALL MONITOR INFORMATION AND CONTENT IS PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND. SUNRADON MAKES NO WARRANTIES THAT MONITOR INFORMATION OR CONTENT WILL BE AVAILABLE OR THAT IT WILL BE ACCURATE, COMPLETE OR RELIABLE.
APPLICABLE LAW IN SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. IN ALL SUCH CASES, THE ABOVE EXCLUSIONS OR LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
SUNRADON DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY OR LIABILITY FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR SUNRADON MONITORS NOT BEING AVAILABLE FOR USE OR FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLES. APPLICABLE LAW IN SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF SOME OR ALL OF THESE TYPES OF DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN ALL SUCH CASES, THE ABOVE EXCLUSIONS OR LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Revised: March 11, 2020