Fibar Group S.A. FGHCL001 Manuel D’Utilisation
This limited warranty is provided by Fibar USA, LLC (the "Company"), 1040 E. Lake Ave., Glenview, Illinois
60025, as the sole and exclusive remedy offered to a purchaser (the "Customer") of the products (the
"Products") for any alleged defects in any of the Products. The warranty is subject to all terms sets forth
below.
1. LIMITED WARRANTY:
SUBJECT TO THE LIMITATIONS OF SECTION 2, the Company warrants that the Products sold by the
SUBJECT TO THE LIMITATIONS OF SECTION 2, the Company warrants that the Products sold by the
Company to the Customer will be free from defects in material and workmanship under normal use and
regular service and maintenance for a period of one (1) year from the date of purchase of the Products.
The one-year period may be referred to as the "limited warranty period".
THIS IS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY THE COMPANY WITH RESPECT TO THE
PRODUCTS AND IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-IN-
FRINGEMENT AND THE IMPLIED CONDITION OF SATISFACTORY QUALITY.
THE PRODUCT IS NOT, IS NOT INTENDED TO FUNCTION OR BE USED AS, SHOULD NOT BE USED
AS, AND SHALL NOT BE DEEMED TO BE, AN ALARM SYSTEM OR HOME SECURITY SYSTEM. THE
PRODUCT'S INTENDED USE SHALL NOT INCLUDE USE AS AN ALARM SYSTEM OR HOME SECURI-
TY SYSTEM.
This limited warranty does not extend to any losses or damages due in whole or in part to misuse, accident,
abuse, neglect, normal wear and tear, negligence (other than the Company's), unauthorized modification
or alteration, use beyond rated capacity, unsuitable power sources or environmental conditions, improper
installation, repair, handling, maintenance or application, third party actions or omissions (whether as an
agent or apparent agent of the Company), criminal acts, or any other cause not the direct fault of the
Company.
2. LIMITATION OF REMEDY:
If within the limited warranty period, the Customer discovers any covered warranty defects and notifies the
If within the limited warranty period, the Customer discovers any covered warranty defects and notifies the
Company within thirty (30) days of such discovery, pursuant to the Claims Procedure in Section 4 below,
the Company shall, at its option and as the Customer's exclusive remedy, repair or replace F.O.B. point of
manufacture.
THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE EXCLUSIVE. THE SOLE AND
EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY HEREUNDER SHALL BE LIMITED TO
REPAIR OR REPLACEMENT OF THE PRODUCTS.
IN THE EVENT THAT THE PRODUCT CANNOT BE REPAIRED OR REPLACED, THE COMPANY
RESERVES THE RIGHT TO SUBSTITUTE A PRODUCT OF SIMILAR TECHNICAL PARAMETERS.
THE COMPANY WILL NOT REFUND THE PURCHASE PRICE OF THE ORIGINAL PRODUCT.
Failure by the Customer to give such written notice within the thirty (30) day time period shall be deemed
an absolute and unconditional waiver of the Customer's claim for such covered defects. All costs and
expenses of dismantling, reinstallation and freight, including the time of the Company's personnel and
representatives for site travel and diagnosis under this limited warranty, shall be borne by the Customer
unless accepted in writing by the Company. Products repaired or replaced during the limited warranty
period shall be covered by the foregoing limited warranty for the remainder of the limited warranty period.
Limited Warranty
H o m e i n t e l l i g e n c e
®
The Customer assumes all other responsibility for any loss, damage, or injury to persons or property
arising out of, connected with, or resulting from the use of Products, either alone or in combination with
other products/components.
3. LIMITATION OF LIABILITY:
IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER
IN NO EVENT, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE OF ACTION (WHETHER
BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT LIABILITY, OTHER TORT OR
OTHERWISE), SHALL THE COMPANY'S LIABILITY TO THE CUSTOMER OR ANY THIRD PARTY
EXCEED THE PRICE PAID BY THE CUSTOMER FOR THE SPECIFIC PRODUCTS GIVING RISE TO
THE CLAIM OR CAUSE OF ACTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL NOT BE
LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY GENERAL, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMIT-
ED TO, LOSS OF PROFITS OR ANTICIPATED PROFITS, BUSINESS INTERRUPTION, LOSS OF USE,
REVENUE, REPUTATION AND DATA, COSTS INCURRED, LOSS OR DAMAGE TO PROPERTY OR
EQUIPMENT, BODILY INJURY, OR DEATH, ARISING FROM ANY CLAIM OR CAUSE OF ACTION
RELATING TO THE PRODUCT, WHETHER SUCH IS BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE AND STRICT LIABILITY.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE
OF ANY REMEDY. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE EXCLUSIONS MAY
NOT APPLY TO CERTAIN CUSTOMERS.
The Customer assumes all other responsibility for any loss, damage, or injury to persons or property
arising out of, connected with, or resulting from the use of Products, either alone or in combination with
other products/components.
4. CLAIMS PROCEDURE:
The Customer shall make a claim by written notice to the Company through the contact information listed
The Customer shall make a claim by written notice to the Company through the contact information listed
on its website at www.fibaro.com or by contacting the Company through the telephone number listed on
the website. Any telephone conversations will be recorded. The Company will issue a designated claim
number for each claim made. The Customer may be contacted by an authorized warranty service
representative to arrange a date for an inspection of the Product. This inspection shall be in the presence
of the Customer. The Product that is the subject of the claim shall be made available by the Customer
together with complete standard equipment and the documents confirming the Product's purchase.
Covered defects (as determined by the Company or its authorized service representative) found during
the limited warranty period shall be remedied within thirty (30) days from the date of inspection or the date
the Product is delivered to the Company or its authorized service representative, whichever is later. The
limited warranty period shall be extended by the time that the Product is in the possession of the author-
ized service representative or the Company.
Remember: before you submit a warranty claim, contact our technical support using telephone or e-mail.
More than 50% of operational problems is resolved remotely, saving time and money spent to initiating
claim procedure.
5. GOVERNING LAW AND BINDING ARBITRATION:
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS CUSTOMERS' RIGHTS AND WILL HAVE A
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS CUSTOMERS' RIGHTS AND WILL HAVE A
SUBSTANTIAL IMPACT ON HOW CLAIMS THE COMPANY AND THE CUSTOMER HAVE AGAINST
EACH OTHER ARE RESOLVED. THIS LIMITED WARRANTY CONTAINS A BINDING ARBITRATION
PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
The Company and the Customer agree that any claim or dispute at law or equity that has arisen or may
arise between them relating in any way to or arising out of this limited warranty or the Products will be
resolved in accordance with the provisions set forth in this Section.