Warranty

Two (2) Year Limited Warranty

What is covered under this limited warranty (including, if applicable, the Supplemental Warranty as defined and set forth below) (the “Limited Warranty”)?

Phyn LLC (“Phyn”) warrants to the original purchaser of this Phyn product that, when properly installed, the product will be free from defects in materials and workmanship under normal conditions of use for a period of two (2) years from the date of delivery to the purchaser (the “Limited Warranty Period”).

We reserve the right to change the terms of the Limited Warranty at any time so please review this Limited Warranty every time you place an order or otherwise acquire any Phyn product.

What will we do to correct problems

If Phyn determines that the product was installed appropriately and has failed or is defective within the scope of this Limited Warranty, Phyn will, at its option, either (i) repair or replace, free of charge, any defective Phyn product, or (ii) accept the return of the product and refund the money actually paid by the original purchaser for the product. Repair or replacement may be made with a new or refurbished product or component, at Phyn’s sole discretion. Phyn reserves the right to discontinue any of its products without notice and disclaims any warranty to repair or replace any such discontinued products. In the event that Phyn is unable to repair or replace a product (for example, because it has been discontinued) covered by the Limited Warranty, Phyn will offer a credit toward the purchase of another Phyn product in an amount equal to the purchase price of the product as discounted. If the product or a component incorporated within it is no longer available, Phyn may, at its sole discretion, replace the product with a similar product of similar function.

This is your sole and exclusive remedy for breach of this Limited Warranty. This Limited Warranty is transferable from the original purchaser to subsequent owners, but the Warranty Period will not be extended in duration or expanded in coverage for any such transfer.

What is not covered by this Limited Warranty

In order for this Limited Warranty to be in effect, the Phyn product must be: (i) installed, maintained, repaired and operated in accordance with the instructions provided by Phyn; (ii) installed in an end-use environment as intended for the product; and (iii) installed in accordance with then-applicable building, mechanical, plumbing, electrical, or other applicable code requirements.

Without limiting the foregoing, this Limited Warranty does not cover and will be voided if Phyn determines that any of the following have occurred: (i) the product was not installed in accordance with the terms of Phyn’s Installation Guide or other written instructions provided by Phyn; (ii) the product has been altered or tampered with in any way or improperly handled or maintained; (iii) the product has been exposed to temperatures and/or pressures that exceed the limitations for the product, exposed to highly corrosive atmospheric conditions or subjected to abnormal physical or electrical stress; (iv) the product was installed, handled, or stored not in accordance with instructions provided by Phyn; or (v) the product was combined with any non-Phyn hardware products. This Limited Warranty does not cover data loss related to the Phyn hardware product regardless of the nature or basis of the loss. Products installed on anything other than potable water service lines shall not be covered by this Limited Warranty (for example, irrigation lines or well systems). Unauthorized use of the product or software can impair the product’s performance and may invalidate this Limited Warranty.

This Limited Warranty does not protect against, and any liability for losses related to any of the following are hereby expressly excluded; acts of God such as flood, lightning, earthquake, war, vandalism, theft, and does not protect against losses due to normal-use wear and tear, erosion, depletion, obsolescence, abuse, damage due to low-voltage disturbances (i.e., brownouts or sags), non-authorized program, inadequate connectivity of the Phyn hardware product to wi-fi networks or otherwise, wi-fi throughput below required levels, or system equipment modification.

In addition, Phyn does not give any warranty: (i) in relation to software or services provided or made available by Phyn with the product, whether factory loaded on the product, contained on media accompanying the product, or downloadable in connection with the product; (ii) in relation to any third-party software or service offerings which may be included in, accessible by, or bundled with the product; (iii) that the operation of the Phyn product, software, or services will be uninterrupted or error free; (iv) that the Phyn product, software or services, or any equipment, system or network on which the product, software or services are used, will be free of vulnerability to intrusion or attack; or (v) as to the continued availability of a third party’s service which this product’s use or operation may require.

Warranty replacement or deposits may be subject to a restocking fee of up to 20% of the purchase price, plus any applicable sales tax, unless the product is defective or the return is a result of a Phyn error. Details for any deduction will be shown on your confirmation email for the return.

30-day return policy

If you are the original purchaser of the product, purchased through Phyn directly, and you wish to return the product for any reason, you may return it in its original condition within thirty (30) days of the original purchase and receive a full refund. If the product was installed or has been used in any way then it is not eligible for the refund. If the purchase was part of a bundle or package all items must be returned to be eligible for a refund.

• Your refund will be initiated once we receive and inspect your return. Please allow us up to 15 business days to complete inspection. Once completed, you will receive email confirmation of your refund.
• Phyn may deny refund or exchange for any returns that have been tampered with, have missing parts, have been misrepresented and/or are not received and inspected by our warehouse.
• Original shipping and handling charges may not be refunded.
• Customer is responsible for return shipping costs.
• The product should be shipped in an outer box for protection and contain a note with the Order number, contact information, and reason for the return.
• We can only issue refunds back to the original form of payment. To receive a complete refund, all items from the original purchase must be returned.
• If you financed your purchase, refunds will not include any interest due on the loan or any of the non-refundable amounts described above, and you will remain responsible for the performance of your financing agreement.
• Return refunds may be subject to a restocking fee of up to 15% of the purchase price, plus any applicable sales tax, unless the product is defective or the return is a result of a Phyn error. Details for any deduction will be shown on your confirmation email for the return.

If you have met all the requirements of 30-day return policy and wish to return your Phyn product(s) then please contact Phyn at store@phyn.com for instructions on returning your device. Please include Order number, complete contact information and the reason for the return. Phyn will not accept returns if it is outside of the 30-day policy.

How to get service for your Phyn product warranty

1. Contact Phyn by calling (877) 749-6792, or go to Phyn.com/help-center within 5 days of recognizing a defective Phyn product within the Limited Warranty Period

IMPORTANT: When submitting a claim under this Limited Warranty be prepared to provide the following information:

• The part number of the Phyn product (printed physically on the device).
• MAC address (printed on the label attached to the blue customer quick start guide).
• Copy of the original receipt

2. A Phyn customer service representative will provide the information on how to proceed with your claim.

Phyn reserve the right to review the damaged Phyn product. The damaged product must remain available for inspection until the claim is finalized. Whenever claims are settled, Phyn reserve the right to be subrogated under any existing insurance policies the purchaser may have.

Any product that has either been repaired or replaced under this limited warranty will be covered by the terms of this limited warranty for the longer of (a) ninety (90) days from the date of installation of the repaired product or replacement product, or (b) the remainder of the Limited Warranty Period.

Phyn will not provide any warranty coverage unless your claim is made in compliance with all terms of this Limited Warranty as set forth above.

Exclusions and disclaimers under this Limited Warranty

This Limited Warranty gives you specific legal rights, and you may also have other rights, which may vary from state to state. Some states do not allow the exclusion or limitation of incidental, consequential, or other damages, so the above limitations may not apply to you. The terms of this Limited Warranty will apply to the extent permitted 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.

EXCEPT AS PROVIDED IN THIS LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PHYN, OR THEIR AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS AND ASSIGNS, BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR REVENUE, FOR DAMAGE TO REAL OR PERSONAL PROPERTY, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR LOSS OF ABILITY TO USE ANY THIRD-PARTY PRODUCTS OR SERVICES, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND/OR FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF PHYN, OR THEIR AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY WARRANTY OR REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE. NOTHING HEREIN SHALL LIMIT THE LIABILITY OF PHYN IN RELATION TO DEATH OR BODILY INJURIES.

THE WARRANTIES AND REMEDIES SET OUT IN THIS LIMITED WARRANTY ARE EXCLUSIVE AND, TO THE EXTENT PERMITTED BY LAW, IN LIEU OF ALL OTHERS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED.

IN THOSE JURISDICTIONS WHERE IT CAN LAWFULLY DO SO, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PHYN AND THEIR AFFILIATES HEREBY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, ACCEPTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, LOSS OF OR DAMAGE TO DATA, LACK OF VIRUSES OR FREE FROM VIRUS OR MALWARE ATTACK, SECURITY, PERFORMANCE, LACK OF NEGLIGENCE, WORKMANLIKE EFFORT, QUIET ENJOYMENT, THAT THE FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET YOUR REQUIREMENTS, OR THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED, OR THAT YOUR USE OF THE PRODUCT WILL GENERATE ACCURATE, RELIABLE, TIMELY RESULTS, INFORMATION, MATERIAL, OR DATA. THE ONLINE SERVICES INTENDED TO OPERATE WITH THE PHYN PRODUCTS PROVIDE USERS WITH CERTAIN INFORMATION. ALL SUCH INFORMATION IS PROVIDED “AS IS” AND “AS AVAILABLE”. PHYN DOES NOT WARRANT OR GUARANTEE THAT SUCH INFORMATION WILL BE AVAILABLE, ACCURATE, OR RELIABLE OR THAT USE OF SUCH INFORMATION, SUCH ONLINE SERVICES, OR PHYN PRODUCTS WILL FULLY PROTECT REAL PROPERTY FROM WATER DAMAGE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY PHYN, OR A DEALER, RESELLER, AGENT, REPRESENTATIVE, OR AFFILIATE OF PHYN SHALL CREATE A WARRANTY. TO THE EXTENT WARRANTIES CANNOT BE DISCLAIMED OR EXCLUDED, THEY ARE LIMITED TO THE DURATION OF THE RELEVANT EXPRESS WARRANTY PERIOD.

Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

Limitations on liability under this Limited Warranty

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITATION SHALL APPLY TO ANY AND ALL DAMAGES, REGARDLESS OF THE LEGAL THEORY ON WHICH THEY ARE ASSERTED (INCLUDING, WITHOUT LIMITATION, CONTRACT, BREACH OF CONTRACT OR TORT), AND REGARDLESS OF WHETHER PHYN HAS BEEN ADVISED OF THE POSSIBILITY OF LOSS OR DAMAGES (UNLESS YOU PROVE THAT PHYN CAUSED DAMAGES TO YOU INTENTIONALLY). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AMOUNT OF PHYN’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY OR THE PRODUCT WILL NOT EXCEED THE TOTAL PRICE ACTUALLY PAID FOR THE PRODUCT BY THE ORIGINAL PURCHASER. THIS ALLOCATION OF RISK IS REFLECTED IN THE PRICE CHARGED FOR THE PRODUCT AND SERVICES, IF ANY. YOU ACKNOWLEDGE THAT THE PRICE OF THE PRODUCT AND SERVICES WOULD BE MUCH GREATER IF PHYN UNDERTOOK MORE EXTENSIVE LIABILITY.