Effective Date: July 2, 2021
IMPORTANT: BY USING ANY WEATHERFLOW-BRANDED OR TEMPEST-BRANDED PRODUCTS (“PRODUCTS”), YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS LIMITED WARRANTY (“WARRANTY”). DO NOT USE YOUR PRODUCTS UNLESS AND UNTIL YOU HAVE READ THE TERMS OF THIS WARRANTY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS WARRANTY, DO NOT USE THE PRODUCT AND RETURN THE PRODUCT AS PROVIDED IN OUR REFUND TERMS.
ATTENTION CONSUMERS: THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). OTHER THAN AS PERMITTED BY LAW, WEATHERFLOW-TEMPEST, INC. DOES NOT EXCLUDE, LIMIT, OR SUSPEND RIGHTS THAT YOU MAY HAVE. FOR A FULL UNDERSTANDING OF YOUR RIGHTS, YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE, OR STATE.
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS, OR IMPLIED. OTHER THAN THE WARRANTIES REFERRED TO IN THIS WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEATHERFLOW-TEMPEST, INC. EXPRESSLY DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES REGARDING ANY PRODUCT, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FEATURES, QUALITY, COMPATIBILITY, PERFORMANCE, SECURITY, ACCURACY, TITLE, AND NON-INFRINGEMENT. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, WEATHERFLOW LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THE TWO-YEAR EXPRESS WARRANTY AND, AT WEATHERFLOW’S SOLE OPINION, THE REPLACEMENT SERVICES DESCRIBED HEREIN. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Weatherflow-Tempest, Inc. (“WeatherFlow”) warrants to and only to the original purchaser (“Original Purchaser”) that any Weatherflow-branded or Tempest-branded product (“Product”) will be free from defects in materials and workmanship when used normally in the Original Purchaser’s country of residence at time of purchase (“Intended Use Country”), and in accordance with WeatherFlow’s published guidelines (“Published Guidelines”), for the duration and under the terms set forth herein. WeatherFlow’s Published Guidelines include but are not limited to information contained in technical specifications and user manuals, as well as applicable rules, policies, and terms available at www.weatherflow.com or provided via mobile app. By way of example, improper installation or improper use of a product, or any damage resulting from such improper installation or improper use, renders this Warranty void.
Weatherflow offers the following two (2) year limited warranty:
If the Product is or becomes inoperative as a result of a defect in materials or workmanship, within two (2) years from the date of purchase, WeatherFlow will replace the defective Product with a comparable new or refurbished replacement Product, at no cost to you. This warranty does not cover negligence; unlawful use; abuse, misuse, or unintended use (for example, dropping a Product, submerging it in water or any other substance that the Device was not expressly intended to be submerged in, applying improper electrical power, or using outside of the Intended Use Country); accident; modification; tampering, disassembly, or alteration; vandalism; faulty installation; loss or damage to person, property, or Product as a result of improper installation or use of the Product; repair by a party other than WeatherFlow; and/or acts of God (for example, lightning strikes or earthquakes). This warranty also does not apply to Products identified as being sold “as is”, “with all faults” or similar designation at the time of purchase. This warranty is nontransferable and applies only to the Original Purchaser. If we are unable to verify that you are the Original Purchaser, we may require you to provide us with proof of purchase of your product prior to honoring a warranty request.
The warrantor, Weatherflow-Tempest, Inc., will provide warranty replacement Product at no cost to you, pursuant to the following process:
- Contact Weatherflow-Tempest, Inc. to submit a warranty request. We can be reached in the following ways:
|Online||By Mail||By Phone|
c/o Warranty Department
108 Whispering Pines Dr. Suite 245
Scotts Valley, CA 95066
- We will review your request and make a decision on warranty coverage.
- If your Product does or could qualify for warranty coverage, you may be required to return the defective product to us for inspection. Please Contact Us for detailed instructions on how to return your product to us. You are responsible for arranging for and paying return shipping costs. If you are shipping an item over $75 USD, you should consider using a trackable shipping service or purchasing shipping insurance. We do not guarantee that we will receive your returned item, and we have no responsibility or obligation if the returned item gets lost in transit. Shipping costs are non-refundable.
- If your Product qualifies for warranty replacement, we will promptly provide you with a comparable new or refurbished replacement Product.
4. Limitation of Liability
YOU UNDERSTAND THAT YOUR USE OF ANY WEATHERFLOW PRODUCT WILL BE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RELIANCE, LOSS, OR DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE TELEPHONE, WIRELESS DEVICE, DATA, PERSON, OR PROPERTY THAT RESULTS FROM THE USE OF THE PRODUCT OR ITS FEATURES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WEATHERFLOW AND ITS SUBSIDIARIES AND AFFILIATES, INCLUDING SUPPLIERS, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, ADVISORS, AND AGENTS (COLLECTIVELY, "WEATHERFLOW PARTIES") WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT MAY BE INCURRED BY YOU IN CONNECTION WITH THE DEVICE OR THESE TERMS, INCLUDING ANY LOSS OF DATA, OR PERSONAL OR PROPERTY DAMAGE, WHETHER OR NOT A WEATHERFLOW PARTY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. SOME STATES OR COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEATHERFLOW PARTIES' TOTAL LIABILITY IN CONNECTION WITH THE DEVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY YOU TO WEATHERFLOW. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. WEATHERFLOW DISCLAIMS ALL LIABILITY OF ANY KIND OF WEATHERFLOW’S LICENSORS AND SUPPLIERS.
5. 10-Year Legacy Discount.
If your WeatherFlow Product is or becomes inoperative as a result of a manufacturing defect outside of the two-year limited warranty time period, but less than ten (10) years from the date of purchase, WeatherFlow will offer a 60% discount off manufacturer suggested retail price (MSRP) on a comparable replacement Product. Please Contact Us for full instructions on how to return your inoperative Product to obtain your 10-Year Legacy Discount.
No WeatherFlow reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This warranty is governed by and construed under the laws of the Intended Use Country, and, where applicable, the province or state therein. Weatherflow-Tempest, Inc. or its successor in title is the warranty under this Warranty.
7. Questions, Requests, and More Information.
If you have any questions about your Product or would like to request a written copy of these warranty terms, please contact us at any time:
108 Whispering Pines Dr. Suite 245
Scotts Valley, CA 95066