WARRANTY STATEMENT

ButterflyMX provides a warranty to resellers who resell its products (“Resellers”) and to property owners or managers of properties where the products will be installed (“End Customers”).

ButterflyMX provides a six (6) month warranty to Resellers (from the date that the product is sold to Reseller) and a two (2) year warranty to End Customers (from the date that the product is sold to End Customer) for hardware products that malfunction due to defective materials or workmanship (other than defects visible at the time of delivery) (each, a “Warranty End Date”). Reseller must resell the product within six (6) months after purchase from ButterflyMX or the warranty shall be invalid with respect to Reseller.

This warranty does not extend to any other person with the exception of a successor in interest to an End Customer; provided, however, in order for such warranty to remain effective, such successor in interest must be a customer of ButterflyMX by properly being an assignee of such customer contract or entering into a separate agreement with ButterflyMX. Furthermore, in no event shall any such assignment or transfer extend the Warranty End Date which shall end on the two (2) year anniversary of the purchase by the initial End Customer.

The first recipient of a product has ten (10) days from the date of receipt of the product to inspect the product for any visible defects. The recipient must notify ButterflyMX of any visible defects within the ten-day period or those claims will be deemed waived. 

Defective products will be repaired or replaced by ButterflyMX. Replacement products are refurbished. 

The warranty holder must contact ButterflyMX within the time periods specified below via email to support@butterflymx.com together with a description of the defect and pictures evidencing the defect claimed. ButterflyMX will promptly review the claim and may request additional information, approve the claim or deny the claim. If ButterflyMX denies the claim, it shall provide the reason for denying the claim and warranty holder shall have five (5) business days to provide further support for its claim. If ButterflyMX approves the claim, ButterflyMX will either make arrangements for repair or ship warranty holder a replacement product with a return shipping label included. Warranty holder must ship back the original product in the shipping box with the label provided not later than ten (10) days after receipt of the replacement product. Unless directed otherwise in writing by ButterflyMX, warranty holder must return all parts of the original product (intercom, power supply, mounting plate, etc.). 

Any warranty claim that is not made within the time periods stated above or that does not fully comply with the claim procedures stated in this warranty statement shall be void. 

In the event warranty holder requires replacement of certain parts, rather than the entire product, ButterflyMX reserves the right to have warranty holder pay the shipping cost. 

ButterflyMX reserves the right to make all decisions on warranty matters in its sole discretion. 

Exclusions 

This warranty shall not apply to any product damaged as a result of any accident, negligence, misuse, use in any application for which the product is not designed or intended, improper installation or setup, failure to follow installation guidelines, modifications by warranty holder or any third party including combination with products or accessories not specifically authorized by ButterflyMX, acts of God, natural disaster, flood, fire, or by any other causes unrelated to defective workmanship or materials. This warranty also does not apply to (i) demonstration products, (ii) cosmetic defects, (iii) defects that do not inhibit the functionality or performance of the product or (iv) any batteries and other consumable components. Warranty holder shall be responsible for the cost of any replacement product provided to warranty holder if any of these exclusions apply. 

Disclaimer of Other Express or Implied Warranties 

WARRANTY HOLDER’S SOLE REMEDY IS REPAIR OR REPLACEMENT OF THE PRODUCT AS DETERMINED BY BUTTERFLYMX. 

EXCEPT AS EXPRESSLY WARRANTED IN THIS WARRANTY, BUTTERFLYMX HEREBY DISCLAIMS ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS EXPRESS, STATUTORY AND IMPLIED, OR THOSE ARISING BY USAGE OF TRADE OR COURSE OF DEALING, APPLICABLE TO THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF NON-INFRINGEMENT. 

CONSEQUENTIAL, INDIRECT, INCIDENTAL AND SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE, WHETHER OR NOT FORESEEABLE, ARE NOT RECOVERABLE UNDER THIS WARRANTY OR ANY STATUTORY OR IMPLIED WARRANTIES. ALL STATUTORY OR IMPLIED WARRANTIES WHICH MAY ARISE UNDER LAW, AND WHICH CANNOT BE DISCLAIMED, ARE LIMITED TO THE DURATION OF THIS WARRANTY. 

Some states do not allow the exclusion or limitation of incidental or consequential damages, or do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state.