Limited Product Warranty

Last modified: February 7, 2018

The warranty obligations of Vitro Technology Corporation (together with its parents, subsidiaries, affiliates, agents, representatives, consultants, employees, officers, and directors — collectively, “vitroTV,” “we,” “Company,” or “us”) for this Product (“Product” meaning the device or devices sold by the Company) are limited to the terms set forth below.

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
 
THE LIMITED WARRANTY CAN ALSO BE FOUND ONLINE AT WWW.VITRO.IO OR IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCT.
 
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCT WILL BE [FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.
 
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE WARRANTY PERIOD (AS DEFINED BELOW).
 
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
 
OUR RESPONSIBILITY FOR DEFECTIVE GOODS IS LIMITED TO REPAIR OR REPLACEMENT AS DESCRIBED BELOW IN THIS WARRANTY STATEMENT.

Who may use this warranty

Only the original purchaser of the Product is covered under this limited warranty. The limited warranty is not transferrable to subsequent transferees, purchasers or owners of the product.

What is covered

This limited warranty covers defects in material or workmanship in the Product for the Warranty Period as defined below.

What is not covered

This limited warranty does not cover any damage, failure, deterioration to malfunction resulting from transportation, storage, normal wear and tear or any alteration, modification, improper, inadequate or unreasonable use or maintenance, misuse, abuse, accident, neglect, exposure to excess moisture, fire, improper, packaging and shipping (such claims must be presented to the carrier), lighting, power surge, other acts of nature or external causes such as events beyond the Company’s reasonable control. The limited warranty does not cover any damage, deterioration or malfunction resulting from the installation or removal of the Product, any unauthorized tampering with the Product, any repairs attempted by anyone not authorized by the Company to make such repairs, or any other cause that does not relate directly to a defect in materials and/or workmanship of the Product.

The limited warranty does not cover cables or accessories used in conjunction with the Product.

Without limiting other exclusions herein, the Company does not warrant the Product, including, without limitation, the technology and/or integrated circuit(s) included with the Product, will not become obsolete or that such items will remain compatible with any other product or technology with which the Product may be used.

Warranty Period

This limited warranty period continues for twelve (12) months from the date of original purchase of the
Product by the original purchaser (the “Warranty Period”). The Warranty Period is not extended if we repair or replace the Product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.

Limited Warranty Performance

The Company will, at its sole option and in its sole discretion, provide one of the following two (2) remedies to whatever extent it shall deem necessary to satisfy a proper claim (as determined by the Company) under this limited warranty:

  1. Elect to repair or facilitate the repair of any defective parts within a reasonable period of time, free of any charge for the necessary parts and labor to complete the repair and restore the Product to its proper operating condition. The Company will also pay the shipping costs necessary to return the Product once the repair is complete.
  2. Replace the Product with a direct replacement or with a similar product deemed by the Company to perform substantially the same function as the original Product. The Company will also pay the shipping costs necessary to send the replacement Product to you.

What the Company Will Not Do Under this Limited Warranty

The Company will not be responsible for any costs related to the removal or re-installation of this Product. The Company will not be responsible for any costs related to any setting up of this Product, any adjustment of user controls or any programming required for a specific installation of this Product.

How to Obtain a Remedy Under this Limited Warranty

To obtain a remedy under this limited warranty, you must contact either the authorized Company reseller from whom you purchased this Product or the Company directly during the Warranty Period at:

Vitro Technology Corporation
7500 Rialto Boulevard, Building 1, Suite 250
Austin, Texas 78735
E-mail: WARRANTY@VITRO.IO

In order to pursue any remedy under this limited warranty, you must possess an original, dated receipt as proof of purchase from an authorized Company reseller or from the Company. If this Product is returned by you under this limited warranty, a return authorization number, obtained from the Company, will be required. You may also be directed to a person authorized by the Company to repair the Product.

If it is determined that this Product should be returned directly to the Company, or shipped to an authorized reseller, this Product should be properly packed, preferably in the original carton, for shipping at your expense. Cartons not bearing a return authorization number will be refused.

Limitation of Liability

THE MAXIMUM LIABILITY OF THE COMPANY UNDER THIS LIMITED WARRANTY SHALL
NOT EXCEED THE ACTUAL PURCHASE PRICE PAID FOR THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY IS NOT RESPONSIBLE FOR ANY PUNITIVTE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER DIRECT OR INDIRECT, RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY. Some countries, districts or states do not allow the exclusion or limitation of relief, special, incidental, consequential or indirect damages, or the limitation of liability to specified amounts, so the above limitation or exclusions may not apply to you.

Exclusive Remedy

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OR ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY LIMITED TO THE DURATION OF THIS LIMITED WARRANTY. IF THE COMPANY CANNOT LAWFULLY LIMIT IMPLIED WARRANTIES UNDER APPLICABLE LAW, THEN ALL IMPLIED WARRANTIES COVERING THIS PRODUCT, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY TO THIS PRODUCT AS PROVIDED UNDER APPLICABLE LAW.

Other Conditions

This limited warranty gives you specific legal rights, and you may have other rights which vary
from country to country or state to state.

This limited warranty is void if, (i) the label bearing the serial number of this Product has been
removed or defaced; (ii) the Product is not distributed by the Company, or (iii) this Product is not
purchased from the Company or an authorized Company reseller.