Product Information
27Version 01. SMACGI-D05-A1
Hardware Agreement
Terms, Conditions of sale and Warranty
Please read this Hardware Terms, Conditions of Sale and Warranty language (the “Hardware
Agreement”) before using SmartAC.com, Inc., its afliates, subsidiaries, or licensors
(hereinafter “SmartAC”), or hardware appliance products (the “Hardware”). By nalizing
your purchase order (or any order under SmartAC’s online or app-based checkout portal),
you, as the purchaser of the Hardware from SmartAC (“you” or “Customer”) agree to the
terms of this Hardware Agreement, and, if applicable, you also agree to bind to the terms of
this Hardware Agreement any end user (“End User”) on whose behalf you are making this
purchase for (Customer and SmartAC are hereafter referred to individually as “Party” and
together as “Parties”). If you and/or the End User, as the case may be, disagree with these
terms and conditions, do not nalize your order, or if the order has been placed, return the
Hardware immediately upon receipt without using it.
Payment; Purchase Price and Associated Charges. Payment must be made at the time of
order unless otherwise agreed to by the Parties. Customer will pay the total purchase price
plus taxes, shipping and handling, if any, as specied on the invoice or associated purchase
order. If shipments are to be made to countries outside the US Customer is also responsible
for all taxes related to this purchase and to the import of the Hardware, if applicable, to
include but not limited to any and all sales taxes, value-added taxes, import taxes/customs/
duties and any other similar taxes imposed by any governmental entity. Moreover, Customer
bears the responsibility to report purchases and/or imports as required by local law at their
business location and/or at location where the Hardware is delivered by SmartAC.
Title; Risk of Loss. Title to the Hardware passes to Customer when the Hardware is paid
for in full. However, SmartAC bears all responsibility for loss of or damage to the Hardware
during initial shipment after purchase and until Hardware is received by Customer, unless
Customer selects its own mode of shipping. In repair cases, risk of loss is borne by Customer
for return of the Hardware, but by SmartAC following repair and upon return to Customer.
Limited Warranties. SmartAC warrants the Hardware against defects in materials and
workmanship under normal use (the “Warranty”) as long as the subscription payment is
paid and the customer account is in good standing (the “Warranty Period”). Warranty terms
can be found at help.smartAC.com (or at any successor or related locations designated by
SmartAC), as it may be updated from time to time.
SmartAC disclaims all other warranties, express or implied, including without limitation
implied warranties of merchantability, tness for a particular purpose, or against hidden
or latent defects. SmartAC’s responsibility for warranty claims is limited to repair or
replacement. SmartAC reserves the right to modify this Warranty at any time, at its sole
discretion, and with notice to Customer for new subscriptions.
SmartAC does not warrant that the Hardware or any networks or systems protected by
the Hardware will be free from vulnerability, intrusion, attack, or other damage. SmartAC
does not warrant that the operation of the Hardware will be uninterrupted or error-free.
SmartAC is not responsible for damage arising from failure to follow instructions relating
to the Hardware’s use. This Warranty does not apply: (a) to consumable parts, such as
batteries, unless damage has occurred due to a defect in materials or workmanship; (b) to
cosmetic damage, including but not limited to scratches, dents and broken plastic on ports;
(c) to damage caused by accident, abuse, misuse, neglect or failure to properly maintain
(to include but not limited to water damage and/or condensation or improper temperatures
during storage), or improper installation; (d) to damage caused by electrical disturbances or
acts of God, to include but not limited to civil disturbance, war, flood, re, rodents or insects;
(e) where manufacturer’s serial numbers have been removed from the Hardware; and (f) to
damage caused during shipment (due to Customer’s improper packaging) from Customer
to SmartAC in the case of Hardware returns for repair.
This Warranty is voided immediately if repair, modication (to include upgrades, expansions
or usage or addition of non-manufacturer parts or accessories), alteration or other service
is attempted other than by SmartAC. In this regard, the integrity of the appliance casing