LIMITED HARDWARE WARRANTY

  1. HARDWARE PRODUCT LIMITED WARRANTY. Control4 Corporation, doing business as Triad Speakers, a Delaware corporation with offices located at 11734 S. Election Road, Salt Lake City, Utah 84020 and owner of the Triad brand (“Triad”) warrants to the original end user purchaser, (“Customer”) of each new Triad product (“Triad Product”) that such Triad Product hardware and components (“Product Hardware”), when used in accordance with the documentation furnished by Triad, available with the Triad Product or at www.triadspeakers.com (“Documentation”), will be free, in all material respects, of defects in materials and workmanship under normal use (“Limited Warranty”).This Limited Warranty is non-transferable and sets forth our sole and exclusive liability, and the sole and exclusive remedies available in relation to any non-conformity, defect or similar claim.
  2. LIMITED WARRANTY TERM. This Limited Warranty runs for a period of ten (10) years for indoor speakers, three (3) years for Triad powered subwoofers, subwoofer amplifiers and outdoor speakers and two (2) years for all other Triad electronics. The warranty term begins on the date that the applicable Triad Product is purchased by Customer as shown by an invoice or sales receipt (“Hardware Warranty Period”). Customer must retain the appropriate documentation as proof of the purchase date.
  3. EXCLUSIONS NOT COVERED BY THIS LIMITED WARRANTY. This Limited Warranty does not cover, and Triad and its suppliers are not responsible for:
    1. Damage, malfunction, or inoperability of the Triad Product caused by (i) shippers or delivery services, or due to Customer improperly opening the Triad Product packaging; (ii) operation or storage of the Triad Product outside of the environmental specifications provided in the Documentation; (iii) accident, abuse, neglect, flood, fire, earthquake, electrical surges or other external causes; (iv) misuse or operating the Triad Product outside the permitted or intended uses provided in the Documentation; (v) use of incorrect voltage lines, fuses, circuit breakers, or incompatible load types as set forth in the Documentation (vi) failure to install, maintain or repair the Triad Product in accordance with the Documentation and the applicable provisions of law for the jurisdiction where the Triad Product is being installed; (vii) a product, part or software that has been modified to alter functionality or capability without the express written permission of Triad; (viii) consumable parts (if any), unless damage occurred due to a defect in materials or workmanship in the Triad Product; (ix) cosmetic damage, including, but not limited to, scratches, dents and normal wear and tear; and (x) Triad Product in which the serial number has been removed or defaced;
    2. any on-site labor costs incurred by Customer for the diagnosis, removal, repair, reinstallation, and/or reprograming of the Triad Product;
    3. any non-Triad hardware, batteries or software product (manufacturers, suppliers, or publishers, other than Triad, may provide their own warranties to Customer for their products, but Triad, insofar as permitted by law, provides non-Triad Products only “AS IS”); and
    4. the cost of repairing or replacing, or compensation for, any property that is damaged when a Triad Product does not work properly, even if the damage was caused by a Triad Product. (See Section 10 for additional details about this exclusion.)
  4. ADDITIONAL WARRANTY LIMITATIONS. TRIAD DOES NOT WARRANT THAT OPERATION OF THE TRIAD PRODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT THE TRIAD PRODUCTS WILL IN EVERY CASE PROCESS ALL DATA CORRECTLY. Triad does not represent or warrant that product information will be available, accurate, or reliable. Customer uses all applicable product information, services, and the Triad Product at Customer’s discretion and risk. Customer will be solely responsible for any and all loss, liability, or damages, including Customer’s appliances, plumbing, electrical wiring, wired or wireless networks, home, computers, mobile devices, and all other items in Customer’s residence or commercial property, resulting from Customer’s use of the Triad Products, product information, or services, even if the damage was caused by Triad Product. (See Section 10 for additional details about these limitations.)
  5. OBTAINING WARRANTY SERVICE. In order to obtain warranty service, Customer must submit a valid claim to Control4. To submit a valid claim a Customer must complete the following requirements (“Valid Claim”): (a) provide written notice to a Dealer that describes the location of the Control4 Product and nature of the non-conformity, and includes proof of the Customer’s purchase date (“Notice”); (b) provide such Notice (i) within the Hardware Warranty Period, and (ii) within thirty (30) days of discovery of the non-conformity; (c) obtain a Return Merchandise Authorization (“RMA”) number from a Dealer, and (d) securely pack and ship the defective Triad Product to the Dealer that provided the RMA, Customer assumes all costs and risks associated with transportation (i) within thirty (30) days from the date the RMA was issued (RMA numbers may be cancelled if the Triad Product is not received by the Dealer within the thirty (30) day period), (ii) with the RMA number clearly marked on the outside of each box being returned. Any shipment that does not meet all of the Valid Claim requirements may be refused by Triad. Triad is not responsible for any refused shipments or any damage caused due to shipping, whether or not it was a Valid Claim. Customer shall be responsible for return shipment charges for Product returned where Triad determines there is no defect with the product, or that product is not eligible for warranty service under this Limited Warranty. Compliance with these requirements is a condition to coverage under this Limited Warranty.

    Upon receipt of a Valid Claim, Triad will, at its option and to the extent permitted by law, either (a) repair the Product Hardware defect, at no charge, using new or refurbished replacement parts, (b) exchange the applicable Triad Product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the Triad Product, or (c) refund the Triad Product purchase price paid by Customer. Replacement product will be returned to Customer free of charge. A replacement product or part that has been provided by Triad assumes the remaining Hardware Warranty Period (plus the period from the date the Triad Product is shipped for warranty service until the return date when the Triad Product is received by the Customer during which the Customer’s Triad Product was undergoing warranty service) of the original Product Hardware or ninety (90) days from the date of replacement or repair, whichever provides longer coverage to Customer. When a product or part is exchanged, any replacement item becomes Customer’s property, and the replaced item becomes Triad’s property. When a refund is given, the Triad Product for which the refund is provided must be returned to Triad, and it becomes Triad’s property.

  6. WARRANTY DISCLAIMER. UPON EXPIRATION OF THIS LIMITED WARRANTY, TRIAD DISCLAIMS AND WILL NOT BE RESPONSIBLE FOR ANY OTHER WARRANTY, INCLUDING EXPRESS AND IMPLIED WARRANTIES. THIS MEANS THAT TO THE EXTENT ALLOWED BY LAW, COMMENCING ON THE APPLICABLE TRIAD LIMITED WARRANTY EXPIRATION DATE, ALL TRIAD PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, AND TRIAD DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE TRIAD PRODUCTS, WHETHER IMPLIED, EXPRESS, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, QUALITY OF SERVICE OR RESULTS, AVAILABILITY, SATISFACTORY QUALITY, ACCURACY AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE IN CONNECTION WITH SUCH PRODUCTS AND SERVICES. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
  7. (A) LIMITATION OF CUSTOMER REMEDIES. IN NO EVENT WILL TRIAD OR ANY OF ITS SUPPLIERS BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY (A) SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO A BREACH OF THIS LIMITED WARRANTY OR CUSTOMER OPERATION OR USE OF THE TRIAD PRODUCTS THROUGH CUSTOMER’S ACCOUNT OR BY ANYONE ELSE, INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM LOSS OF DATA, CONTENT OR PROGRAMMING, COSTS OF REPLACEMENT OR SUBSTITUTE PRODUCTS, LOSS OF REVENUE OR PROFITS, OR BUSINESS INTERRUPTION, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, DAMAGE TO GOOD WILL OR REPUTATION, DAMAGE TO EQUIPMENT, AND CLAIMS AGAINST CUSTOMER BY ANY THIRD PERSON, EVEN IF TRIAD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; (B) DAMAGES (REGARDLESS OF THEIR NATURE) FOR ANY DELAY OR FAILURE BY TRIAD TO PERFORM ITS OBLIGATIONS UNDER THIS LIMITED WARRANTY DUE TO ANY CAUSE BEYOND TRIAD’S REASONABLE CONTROL; OR (C) CLAIMS MADE A SUBJECT OF A LEGAL PROCEEDING AGAINST TRIAD MORE THAN ONE YEAR AFTER ANY SUCH CAUSE OF ACTION FIRST AROSE.

    (B) LIMITATION OF TRIAD’S LIABILITY. NOTWITHSTANDING ANY OTHER PROVISION OF THIS LIMITED WARRANTY, AND EXCEPT FOR THE ACTUAL REPACEMENT OR REFUND RIGHT OF DEFECTIVE PRODUCTS THAT WILL LAST ACCORDING THE WARRANTY DURATION SPECIFIED HEREIN, TRIAD’S AND ITS SUPPLIERS’ LIABILITIES UNDER THIS LIMITED WARRANTY TO CUSTOMER OR TO THIRD PARTIES, WHETHER UNDER CONTRACT LAW, TORT LAW, WARRANTY, OR OTHERWISE SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE AMOUNTS ACTUALLY RECEIVED BY TRIAD FOR THE APPLICABLE TRIAD PRODUCTS IN THE TWELVE MONTHS PRIOR TO THE DATE OF THE ACTION GIVING RISE TO THE CLAIM. CUSTOMER UNDERSTAND THAT THESE LIMITATIONS OF TRIAD’S AND ITS SUPPLIERS’ LIABILITY ARE A FUNDAMENTAL PART OF THIS LIMITED WARRANTY. Additionally, this provision is not intended to limit Triad’s liability in the event of Triad’s willful or intentional misconduct.

    Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to every Customer.

  8. LEGAL PROCEDURES. To the extent permitted by law, this Limited Warranty will be interpreted, construed and enforced in all respects in accordance with the laws of the State of Utah, without reference to its conflict of laws rules. The U.N. Convention on Contracts for the International Sale of Goods will not apply to this Limited Warranty. If any provision of this Limited Warranty is found to be invalid or unenforceable, then the remainder shall have full force and effect, and the invalid provision shall be enforced to the maximum extent permitted by law to effectuate the purposes of this Limited Warranty. Any of the provisions of this Limited Warranty may be waived by the party entitled to the benefit thereof.
  9. MODIFICATIONS TO THIS LIMITED WARRANTY. NO RESELLER, VENDOR, DISTRIBUTOR, DEALER, RETAILER, SALES PERSON OR OTHER PERSON IS AUTHORIZED BY TRIAD TO MODIFY THIS LIMITED WARRANTY OR TO MAKE ANY WARRANTY, REPRESENTATION OR PROMISE WHICH IS IN ADDITION TO, DIFFERENT FROM, OR INCONSISTENT WITH THE WARRANTIES, REPRESENTATIONS OR PROMISES EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY. A current version of this Limited Warranty can be found by visiting https://www.control4.com/legal/warranty.
  10. STATE LAW EXCEPTIONS. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.