Smart Water Security Limited Warranty
Moen Smart Water
Last Updated and Effective as of: June 2024
LIMITED WARRANTY
Moen Incorporated
THIS LIMITED WARRANTY CONTAINS IMPORTANT INFORMATION
ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT
MAY APPLY TO YOU. THE FOLLOWING IS THE COMPLETE WARRANTY OFFERED BY
MOEN INCORPORATED (“MOEN”) FOR THE FLO™ SMART WATER MONITOR &
SHUTOFF PRODUCTS AND RELATED SERVICES
AND SUPERSEDES ALL OTHER WARRANTIES AND REPRESENTATIONS, WHETHER ORAL OR
WRITTEN. EXCEPT AS EXPRESSLY SET FORTH HEREIN, NO OTHER WARRANTIES ARE MADE WITH
RESPECT TO SUCH PRODUCTS AND SERVICES AND MOEN EXPRESSLY DISCLAIMS ALL
WARRANTIES NOT STATED HEREIN, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE
LAW, ANY WARRANTY THAT MAY EXIST UNDER NATIONAL, STATE, PROVINCIAL OR LOCAL LAW
INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF NONINFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL WARRANTIES, WHETHER
EXPRESS OR IMPLIED, ARE LIMITED TO THE PERIODS OF TIME SET FORTH HEREIN.
This Limited Warranty covers the Flo Device (as defined
below) contained in the Flo Device box. We reserve the right to change
the terms of this Limited Warranty at any time, so please review this Limited
Warranty each time prior to placing an order or otherwise acquiring any Flo
Device. Every time you place an order or otherwise acquire a Flo Device,
the Limited Warranty in force at that time will apply between you and Moen. If
you have any questions regarding this Limited Warranty, contact us at 844-633-8356
or visit www.moen.com/contact.
(1) WHAT THIS LIMITED WARRANTY COVERS; PERIOD OF COVERAGE
Moen Incorporated, 25300 Al Moen Drive Dr., North Olmsted,
OH 44070-8022, warrants to the owner of the purchased Flo Device
(“Product" or "Device”) will be free from defects in materials and
workmanship for a period of five (5) years from the date of delivery
following the original retail purchase (the “Warranty Period”). If the Product
fails to conform to this Limited Warranty during the Warranty Period, Moen
will, at its sole discretion, either (a) repair or replace any defective Product
or component; or (b) 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 components, at Moen’s sole
discretion. If the Product or a component incorporated within it is no longer
available, Moen may, at Moen’s 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. 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
delivery of the repaired Product or replacement Product, or (b) the remaining
Warranty Period. 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.
(2) TOTAL SATISFACTION RETURN POLICY
If you are the original purchaser of the Product and you are
not satisfied with this 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. You will be solely responsible for (and Moen disclaims) any and
all loss, liability, or damages, including to your wiring, plumbing, fixtures,
electricity, water, Wi-Fi, home, product, product peripherals, computer, mobile
device, and all other items, people, and pets in your home, resulting from the
removal of the Product.
(3) WARRANTY CONDITIONS; HOW TO GET SERVICE IF YOU WANT
TO CLAIM UNDER THIS LIMITED WARRANTY
We will not provide any warranty coverage unless your claim
is in compliance with all terms of this Limited Warranty and you follow proper
return procedure. Before making a claim under this Limited Warranty, the
owner of the Product must (a) notify Moen of the intention to make a warranty
claim by visiting www.moen.com/contact during
the Warranty Period and providing a description of the alleged failure, and (b)
comply with Moen’s return shipping instructions. Moen will have no warranty
obligations with respect to a returned Product if it determines, in its
reasonable discretion after examination of the returned Product, that the
Product is an Ineligible Product (defined below).
(4) WHAT THIS LIMITED WARRANTY DOES NOT COVER
This Limited Warranty does not cover and is void with
respect to the following (collectively “Ineligible Products”): (i) Products
marked as “sample”, "engineering sample" or “Not for Sale”, or sold
“AS IS”; (ii) Products that have been subject to: (a) modifications,
alterations, tampering, or improper or lack of maintenance or repairs; (b)
handling, storage, installation, testing, or use not in accordance with the
User’s Guide or other instructions provided by Moen; (c) abuse or misuse of the
Product; (d) breakdowns, fluctuations, or interruptions in electric power,
water provided to the home, or the telecommunications network; (e) Acts of God,
including but not limited to lightning, flood, tornado, earthquake, or
hurricane or other storms and natural disasters; or (f) commercial use; (iii)
any non-Flo or Moen branded hardware products, even if packaged or sold with
the Product; (iv) any malfunctions or damage caused by any non-Flo or Moen
branded products; and (v) any Products that have been self-installed or
installed, maintained or repaired by any person who is not a professional or
licensed plumber, has not been designated a "Pro" from the "Moen
Plumbing Network" or recommended by Moen or is otherwise not a service
provider authorized or recommended by Moen. Products installed on
anything other than potable water service lines shall be Ineligible Products
(for example, irrigation lines, well systems or water containing metallic
sediments). This Limited Warranty does not cover consumable parts,
including batteries, unless damage is due to defects in materials or
workmanship of the Product, or software (even if packaged or sold with the
product). Moen recommends that you use only authorized service providers for
maintenance or repair. Unauthorized use of the Product or software can impair
the Product’s performance and may invalidate this Limited Warranty. This
Limited Warranty does not cover data loss.
(5) DISCLAIMER OF WARRANTIES
EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, MOEN
DOES NOT EXTEND ANY EXPRESS WARRANTIES, REPRESENTATIONS, CONDITIONS OR
GUARANTEES REGARDING MOEN’S PRODUCT OR ONLINE SERVICES (“SERVICES”) OR ANY
RESULTS THEREOF. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MOEN
DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH
RESPECT TO THE PRODUCT AND SERVICES, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, MOEN ALSO LIMITS THE DURATION OF ANY APPLICABLE
IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY.
(6) LIMITATION OF DAMAGES
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 MOEN HAS BEEN ADVISED OF THE
POSSIBILITY OF LOSS OR DAMAGES - UNLESS YOU PROVE THAT WE CAUSED DAMAGES TO YOU
INTENTIONALLY. IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL
MOEN BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL
DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR
RELATING TO THIS LIMITED WARRANTY OR THE PRODUCT. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE AMOUNT OF OUR 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 WE UNDERTOOK MORE EXTENSIVE LIABILITY.
(7) LIMITATION OF LIABILITY
THE SERVICES PROVIDE YOU INFORMATION (“PRODUCT INFORMATION”)
REGARDING YOUR MOEN PRODUCTS OR OTHER PERIPHERALS CONNECTED TO YOUR PRODUCTS
(“PRODUCT PERIPHERALS”). THE TYPE OF PRODUCT PERIPHERALS THAT MAY BE CONNECTED
TO YOUR PRODUCT MAY CHANGE FROM TIME TO TIME. WITHOUT LIMITING THE GENERALITY
OF THE DISCLAIMERS ABOVE, ALL PRODUCT INFORMATION IS PROVIDED FOR YOUR
CONVENIENCE, “AS IS,” AND “AS AVAILABLE.” MOEN DOES NOT REPRESENT, WARRANT, OR
GUARANTEE THAT PRODUCT INFORMATION WILL BE AVAILABLE, ACCURATE, OR RELIABLE OR
THAT PRODUCT INFORMATION OR USE OF THE SERVICES OR PRODUCT WILL PROVIDE
PROTECTION IN OR TO YOUR HOME. YOU USE ALL PRODUCT INFORMATION, THE
SERVICES, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY
RESPONSIBLE FOR (AND MOEN DISCLAIMS RESPONSIBILITY FOR) ANY AND ALL LOSS,
LIABILITY, OR DAMAGES, INCLUDING TO YOUR WIRING, PLUMBING, WI-FI, INTERNET,
FIXTURES, ELECTRICITY, WATER, HOME, PRODUCT, PRODUCT PERIPHERALS, COMPUTER,
MOBILE DEVICE, AND ALL OTHER ITEMS, PEOPLE, AND PETS IN YOUR HOME, RESULTING
FROM YOUR USE OF THE PRODUCT INFORMATION, SERVICES, DATA ALARMS OR PRODUCT.
PRODUCT INFORMATION PROVIDED BY THE SERVICES IS NOT INTENDED AS A SUBSTITUTE
FOR DIRECT MEANS OF OBTAINING THE INFORMATION OR AS A SUBSTITUTE FOR EMERGENCY
SERVICES. FOR EXAMPLE, A NOTIFICATION PROVIDED THROUGH THE SERVICE IS NOT
INTENDED AS A SUBSTITUTE FOR AUDIBLE AND VISIBLE INDICATIONS IN THE HOME AND ON
THE PRODUCT.
(8) YOUR RIGHTS AND THIS LIMITED WARRANTY
This Limited Warranty gives you specific legal rights. You
may also have other legal rights that vary by state, province, nation or
jurisdiction. Likewise, some of the limitations in this Limited Warranty may
not apply in certain states, provinces, nations or jurisdictions. 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.
Moen Incorporated
25300 Al Moen Drive
North Olmsted, Ohio 44070-8022
