LIMITED WARRANTY OF THE SYSTEM

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY
FROMSTATE TO STATE. VIVINT WARRANTS THAT DURING THE WARRANTY PERIOD, THE SYSTEM WILL BE FREE FROM
DEFECTS IN MATERIALS AND WORKMANSHIP. TO THE FULLEST EXTENT ALLOWED BY LAW, VIVINT LIMITS THE DURATION
AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. SOME STATES DO
NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. VIVINT’S RESPONSIBILITY FOR DEFECTIVE GOODS IS LIMITED TO REPAIR OR REPLACEMENT AS DESCRIBED BELOW IN
THIS WARRANTY STATEMENT.

  • 5.1 Who may use this warranty. Vivint extends to you, the person who originally purchased the System from Vivint, this limited warranty. It does not extend to any subsequent owner or transferee of the System.

    5.2 What this warranty covers. Subject to the terms, conditions, and exclusions below, this limited warranty covers defects in materials and workmanship of each component that makes up your System (each a “Covered Product”) for the Warranty Period. During the 120 days after the date a given Covered Product was installed (for professionally-installed components) or shipped (for self-installed components), this limited warranty covers the cost of on-site installation or repair services to address defects with that Covered Product if you purchased professional installation services with your original purchase of the System. On-site services are only available after you have contacted customer service at (800) 216-5232 to attempt to resolve your needs over the phone and are only available to install equipment that requires professional installation. Equipment that does not require professional installation, such as door and window sensors, will be shipped to you for self-installation at then-prevailing shipping rates.

    5.3 What this warranty does not cover. This limited warranty does not cover any damage due to: (a) transportation; (b) storage; (c) improper use; (d) failure to follow the product instructions or to perform any preventive maintenance; (e) modifications; (f) unauthorized repair; (g) normal wear and tear; and (h) external causes such as accidents, abuse, or other actions or events beyond our reasonable control. This limited warranty also does not cover the replacement of consumable parts, such as batteries, light bulbs, CO2 and smoke detectors, or Covered Products with a defaced or missing serial number. Covered Products that Vivint tests and finds to be in good working condition are not covered by the limited warranty. Professional installation or on-site repair is also not covered by this limited warranty unless you purchased professional installation of your System, and you make a warranty claim within 120 days of the Agreement Date.

    5.4 The period of coverage. This limited warranty starts on the date the Covered Product is professionally installed or shipped to you by Vivint and lasts for one year(the“Warranty Period”). The Warranty Period is not extended if Vivint repairs or replaces the Covered Product. Vivinmtaychangethe availability of this limited warranty at our discretion, but any changes will not be retroactive.

    5.5 Your remedies under this warranty. During the Warranty Period, Vivint will, in its sole discretion, either repair, replace, or refund a defective Covered Product free of charge. If Vivint replaces the Covered Product, Vivint will replace it with a substantially functional equivalent part or product, including refurbished and used parts and products. If you purchased professional installation, then Vivint will also provide free on-site repair, replacement, and installation services for 120 days from the Agreement Date for Covered Products that require professional installation (such as outdoor cameras and lighting solutions) if you and Vivint are not able to first troubleshoot your problem over the phone as required under Section 5.2. After those 120 days, you will be required to pay for on-site repair services.

  • 5.6 How you obtain warranty services. To obtain warranty service, you must call (800)2 1-65232duringtheWarrantyPeriodtoscheduleanon-site visit. Vivint may require you to return the defective product to qualify for the warranty, and if so, Vivint will provide you with a prepaid return slip. The limited warranty will be voided if you don’t return the defective product when requested by Vivint.

    5.7 LIMITATIONS OF LIABILITY. THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY UNDER THIS LIMITED WARRANTY WILL UNDER NO CIRCUMSTANCES BE MORE THAN THE ACTUAL AMOUNT YOU PAID FOR THE DEFECTIVE PRODUCT, NOR WILL VIVINT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION ALTERS OR LIMITS THE LIMITATIONS OF LIABILITY IN SECTION 8 OR ITS SUBSECTIONS OR ELSEWHERE IN THIS AGREEMENT.

    5.8 What you can do in case of a warranty dispute with Vivint. The informal dispute resolution procedure described in section 9 of this agreement is available to you if you believe that Vivint has not performed our obligations under this limited warranty. You must use this informal procedure before pursuing any legal remedy in the courts.

    5.9 Extended Warranty or Protection Plan. Vivint may offer additional hardware o subscription-related product protection plans or extended warranties that are supplemental to this original limited hardware warranty, including but not limited to the Vivint Protection Plan. Unless specified otherwise, these supplemental programs would not go into effect until after the applicable original limited warranty periods expire; and where programs run concurrently, this initial limited warranty takes precedence over any other programs during the initial l limited warranty period. Within this and any other warranty protection periods, Vivint’s sole obligations will be limited to repairing, replacing, or refunding defective products or parts of the Covered Product. Even if the monthly fee for a supplemental program is listed with the Service Fees on page 1, the terms of that plan a reincluded in a separate agreement.

    5.10 Vivint Protection Plan. The Vivint Protection Plan is governed by a separate agreement between you and the plan provider that contains the complete terms and conditions of coverage (the “Protection Plan Terms and Conditions”). The Protection Plan Terms and Conditions will be sent to you after your enrollment. If you would like to review the Protection Plan Terms and Conditions before you enroll, you may ask your sales representative, www.asurion.com or call (800) 216-5232.