Limited Warranty
Limited Warranty
This Latch Hardware Limited Warranty (“Warranty”) sets forth the warranty terms applicable to Latch-branded and Door-branded electronic physical access control products (“Smart Access”) and IoT sensors and other IoT devices (“Smart Controls”) (collectively, “Hardware”) made available by Latch Systems, Inc. (“Latch”) or its authorized resellers and distributors. Please read this Warranty before using the Hardware.
THIS WARRANTY CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. BY USING THE HARDWARE IN ANY WAY, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LIMITED WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THIS WARRANTY, DO NOT USE THE HARDWARE.
Warranty Period
Latch Systems, Inc. (“Latch”, “we” or “us”) warrants to the owner of the Hardware that, when used normally and in accordance with Latch’s technical specifications and user instructions, the Hardware will be substantially free from defects in materials and workmanship for a period of two (2) years from the date of shipping (the “Warranty Period”). This Warranty is transferable from the original purchaser to subsequent owners but in no event will be extended beyond the applicable Warranty Period.
Warranty Conditions
If your Hardware does not conform to this Warranty, you will be eligible to receive a replacement for the original Hardware. To make a claim under this Warranty, please contact us at support@latch.com. You will be asked to specify and provide sufficient detail about the alleged defect or nonconformity.
Provided your Warranty claim is made during the Warranty Period and in accordance with the terms and conditions of this Warranty, we will send you a replacement device (“Replacement Hardware”) free of charge (by express shipping for the replacement of Smart Access devices and ground shipping for the replacement of Smart Controls devices). We will also provide you with a shipping label to return the original Hardware. You agree to return the original Hardware back to us within forty five (45) days from the date of your Warranty claim. If we do not receive the original Hardware within forty five (45) days from your Warranty claim, we may charge you for the then-current retail price for the Replacement Hardware as available on latch.com, door.com, or any other websites operated by us.
If the original Hardware is no longer available, you agree that we may, at our sole discretion, replace the original Hardware with Replacement Hardware that is a similar product of similar function.
Upon receipt of your returned original Hardware, we will inspect it to determine if it is covered under this Warranty. If, in our sole discretion, we determine that the Hardware is not warrantable (see Warranty Exclusions below), you understand that we will have no obligations to you under this Warranty and you may be responsible for the full, then-current retail price of the Replacement Hardware and the shipping costs thereof.
Replacement Hardware will be covered for the same Warranty Period as the original Hardware. Latch provides this Warranty only for Hardware purchased from Latch or its authorized resellers and distributors, and delivered within the United States.
This section sets forth your sole and exclusive remedy for breach of the warranty set forth in this section.
Warranty Exclusions
Latch will have no warranty obligations with respect to any Hardware if Latch determines, in its sole reasonable discretion, that such Hardware has been damaged due to (i) normal wear and tear, including but not limited to scratching or chipping of paint or damage to platings caused by use; (ii) misuse, accident (including, without limitation, collision, fire and the spillage of liquid or food), neglect, abuse, alteration, unusual stress or modification; (iii) disassembling or tampering with the Hardware; (iv) improper installation, testing, or storage; (v) operation of the Hardware outside the permitted or intended uses described by Latch; (vi) use with third party products for which the Hardware was not intended for use in conjunction with; (vii) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network or (viii) acts of God and other forces beyond Latch’s reasonable control, such as internet or power outages, wars, riots, terrorism, labor disputes, earthquakes, floods or other events of “force majeure.” This Warranty does not apply to consumable parts (such as batteries), Hardware marked as “sample” or “Not for Sale”, or Hardware that is sold or provided “AS IS”. Unauthorized use of the Hardware or software embedded therein can impair the Hardware’s performance and may invalidate this Warranty. Smart Access door locks are not ANSI- or BHMA-certified unless expressly stated otherwise.
Installation costs of Replacement Hardware, if any, are your sole responsibility. At your request, we will provide you with a list and contact information for Latch-certified installers and service providers for you to select from. You assume all risks associated with the suitability, installation and performance of the Hardware and other third-party components, hardware, software and services.
Ownership
When Hardware is exchanged, any replacement item becomes your property and the replaced item becomes Latch’s property. When a refund is given, the Hardware for which the refund is provided must be returned to Latch and becomes Latch’s property.
Return & Refund Policy
If you are the original purchaser of the Hardware, you may return it to us within forty-five (45) days from purchase for a refund, provided it is unused and in its original, unopened packaging. To start a return and request a free prepaid shipping label, please contact support@latch.com. Upon receipt of your return, we will determine in our sole discretion if the Hardware is in acceptable condition. We reserve the right to reject any return that does not comply with the conditions of this Return & Refund Policy.
DISCLAIMER OF WARRANTIES
EXCEPT AS EXPRESSLY STATED IN THIS WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, (I) LATCH DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (II) LATCH LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY; (III) YOU USE THE HARDWARE AT YOUR OWN DISCRETION AND RISK AND (IV) YOU WILL BE SOLELY RESPONSIBLE FOR (AND LATCH DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR HOME, DEVICES, OR PROPERTY, RESULTING FROM YOUR USE OF THE HARDWARE, SERVICES, OR INFORMATION PROVIDED IN CONNECTION THEREWITH.
LIMITATION OF DAMAGES
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER LATCH NOR ITS SUPPLIERS SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS OR CONDITIONS RELATED THERETO UNDER ANY BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER THEORY (I) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR (II) FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO BUSINESS INTERRUPTION, LOSS OF REVENUES, LOSS OF PROFITS. THE FOREGOING SHALL APPLY EVEN IF LATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, LATCH’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE HARDWARE BY THE ORIGINAL PURCHASER. CERTAIN STATES, PROVINCES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE EXCLUSIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
Your Rights and This Warranty
This Warranty gives you specific legal rights. You may also have other legal rights that vary by state, province or jurisdiction. The disclaimers, exclusions, and limitations of liability under this Warranty will not apply to the extent prohibited by applicable law. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction and you may wish to contact a relevant consumer advisory service.