Products Covered by This Warranty
Ubiquiti Networks, Inc. (“UBIQUITI NETWORKS”) policy is to offer product warranties to end users of our products (the “customer” or “you”) only on products purchased from an authorized UBIQUITI NETWORKS distributor or reseller and only accompanied by a Return Materials Authorization (“RMA”) as further described below. Unfortunately, there are some websites and dealers who claim to be authorized UBIQUITI NETWORKS resellers but are not. Products sold on these websites or from these dealers do not carry a warranty from UBIQUITI NETWORKS. When you purchase products from an unauthorized website or dealer, you are taking a risk because these products may be counterfeit, used, defective, or may not be designed for use in your country. Please protect yourself and your UBIQUITI NETWORKS product by ensuring that you only purchase UBIQUITI NETWORKS products from an authorized reseller. If you have any questions about authorized resellers, please visit our website.
Limited Product Warranty
UBIQUITI NETWORKS warrants that the product(s) covered hereunder (the "Product(s)") shall be free from defects in material and workmanship for a period of one (1) year from the date of shipment by UBIQUITI NETWORKS under normal use and operation. UBIQUITI NETWORKS’ sole and exclusive obligation and liability under the foregoing warranty shall be for UBIQUITI NETWORKS, at its discretion, to repair or replace any Product that fails to conform to the above warranty during the above warranty period. Such obligation shall be the sole remedy under this warranty and UBIQUITI NETWORKS’ exclusive obligation and the full extent of its liability. The expense of removal and reinstallation of any Product, including labor costs, is not included in this warranty. The warranty period of any repaired or replaced Product shall not extend beyond its original term. This warranty does not cover any software applications or programs, non-UBIQUITI NETWORKS products or non-UBIQUITI NETWORKS peripherals. All products and parts that are replaced become the property of UBIQUITI NETWORKS.
The above warranty does not apply if the Product:
- has been modified and/or altered, or an addition made thereto, except by UBIQUITI NETWORKS, or UBIQUITI NETWORKS’ authorized representatives, or as approved by UBIQUITI NETWORKS in writing;
- has been painted, rebranded or physically modified in any way;
- has been damaged due to errors or defects in cabling;
- has been damaged due to use with non-UBIQUITI NETWORKS products;
- has been damaged due to natural disaster;
- has been subjected to misuse, abuse, improper handling, alterations, modifications or repairs by reseller, customer or third parties, negligence, abnormal physical, electromagnetic or electrical stress, including lightning strikes, or accident;
- has been damaged or impaired as a result of using third party hardware, software or firmware;
- has no original Ubiquiti MAC label, or is missing any other original Ubiquiti label(s), or is manufactured by and carries the brand of a third party that is not UBIQUITI NETWORKS;
- has not been installed, operated or maintained in accordance with normal practice and in conformity with recommendations and published specifications of UBIQUITI NETWORKS;
- has not been properly installed and used at all times in accordance, and in all material respects, with the applicable Product Quick Start Guide and, if applicable, the applicable Product User Guide;
- is a UBIQUITI NETWORKS radio product and has not been professionally installed;
- or the customer has not followed local country regulations, including operation within legal frequency channels, output power Dynamic Frequency Selection requirements; or
- has not been received by UBIQUITI NETWORKS within 30 days of issuance of the RMA.
No Products will be accepted for replacement or repair without obtaining a RMA number from UBIQUITI NETWORKS during the warranty period. Any returned Products must be received at UBIQUITI NETWORKS’ facility freight prepaid in accordance with the RMA process of UBIQUITI NETWORKS. Products returned without an RMA number will not be processed and will be returned freight collect or subject to disposal. Information on the RMA process and obtaining an RMA number can be found at: www.ubnt.com/support/warranty.
EXCEPT FOR ANY EXPRESS WARRANTIES PROVIDED HEREIN, UBIQUITI NETWORKS, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY DATA, SERVICE, SOFTWARE AND HARDWARE PROVIDERS HEREBY DISCLAIM AND MAKE NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF MERCHANTABILITY, ACCURACY, QUALITY OF SERVICE OR RESULTS, AVAILABILITY, SATISFACTORY QUALITY, LACK OF VIRUSES, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND USE, NON-INFRINGEMENT AND ANY WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE IN CONNECTION WITH SUCH PRODUCTS AND SERVICES. CUSTOMER ACKNOWLEDGES THAT NEITHER UBIQUITI NETWORKS NOR ITS THIRD PARTY PROVIDERS CONTROL CUSTOMER’S EQUIPMENT OR THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE PRODUCTS AND SERVICES MAY BE SUBJECT TO LIMITATIONS, INTERRUPTIONS, DELAYS, CANCELLATIONS AND OTHER PROBLEMS INHERENT IN THE USE OF COMMUNICATIONS FACILITIES. UBIQUITI NETWORKS, ITS AFFILIATES AND ITS AND THEIR THIRD PARTY PROVIDERS ARE NOT RESPONSIBLE FOR ANY INTERRUPTIONS, DELAYS, CANCELLATIONS, DELIVERY FAILURES, DATA LOSS, LOSS OF PROFITS, LOSS OF USE, CONTENT CORRUPTION, PACKET LOSS, OR OTHER DAMAGE RESULTING FROM ANY OF THE FOREGOING INCLUDING ACTS OF GOD. In addition, UBIQUITI NETWORKS does not warrant that the operation of the Products will be error-free or that operation will be uninterrupted. In no event shall UBIQUITI NETWORKS be responsible for damages or claims of any nature or description relating to system performance, including coverage, customer’s selection of products (including the Products) for customer’s application and/or failure of products (including the Products) to meet government or regulatory requirements. No UBIQUITI NETWORKS employee, agent, or reseller can make any verbal or written modification, extension, or addition to this warranty.
Limitation of Liability
EXCEPT TO THE EXTENT PROHIBITED BY LOCAL LAW, IN NO EVENT WILL UBIQUITI NETWORKS OR ITS SUBSIDIARIES, AFFILIATES OR SUPPLIERS BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFIT, LOST DATA, LOSS OF USE, OR DOWNTIME COSTS), ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE PRODUCT, WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ALL DISPUTES WITH UBIQUITI NETWORKS ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR FROM THE SALE, CONDITION OR PERFORMANCE OF THE PRODUCTS SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION AS SET FORTH IN THIS QUICK START GUIDE (“QSG”), AND NOT BY A COURT OR JURY.
Some countries, states and provinces do not allow exclusions or limitations of implied warranties or conditions or of limitation of liability for incidental or consequential damages, so the above exclusion may not apply to you. You may have other rights that vary from country to country, state to state, or province to province. EXCEPT TO THE EXTENT ALLOWED BY LOCAL LAW, THESE WARRANTY TERMS DO NOT EXCLUDE, RESTRICT OR MODIFY, AND ARE IN ADDITION TO, THE MANDATORY STATUTORY RIGHTS YOU MAY HAVE. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR STATE, PROVINCE, OR COUNTRY. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to any transactions regarding the sale of the Products.
[Note to Draft: only the above goes on the website under “Warranty”; the below Dispute Resolution section to be included in QSG]
[Note to Draft: Must have notice to consumer that there is an arbitration clause (and opt-out provision) prominently displayed in beginning of agreement]
Arbitration is a form of private dispute resolution in which persons having a dispute agree to waive their right to file a lawsuit to proceed in court and to a jury trial, and instead agree to present their dispute to a neutral third party (arbitrator) for binding decision. You have the right to opt-out of this provision which means that you retain your right to file a lawsuit; to do so, you must read carefully and follow the directions under the paragraph listed How to Opt Out of Mandatory Arbitration. Unless you Opt Out of the Mandatory Arbitration, you will be understood to have agreed to the mandatory arbitration and to the provisions provided below.
- Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND ANY COMPANY AND ITS RESPECTIVE CORPORATE PARENTS, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, PERMITTED ASSIGNS, AND ANY OTHER PARTIES ON WHOSE BEHALF YOU ARE ACCESSING THE SERVICE OR USING THE PRODUCT AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ANY AND ALL DISPUTES, AS DEFINED BELOW. THE TERM “DISPUTE” MEANS ANY DISPUTE, CLAIM OR CONTROVERSY NOW OR IN THE FUTURE BETWEEN YOU AND UBIQUITI NETWORKS WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT (INCLUDING, BUT NOT LIMITED TO, FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND INCLUDING THE VALIDITY, ENFORCEABILITY OR SCOPE OF THIS PROVISION (WITH THE EXCEPTION OF THE ENFORCEABILITY OF THE CLASS ACTION WAIVER CLAUSE BELOW) ARISING OUT OF OR RELATING TO YOUR PURCHASE, OWNERSHIP AND/OR USE OF THE PRODUCT AND/OR THE SERVICE ACCOMPANYING THAT PRODUCT. FOR EACH PRODUCT PURCHASED THIS MANDATORY ARBITRATION PROVISION WOULD APPLY UNLESS YOU CHOOSE TO OPT- OUT AS DISCUSSED ABOVE. THE TERM “PRODUCT” INCLUDES THE PHYSICAL PRODUCT PURCHASED AND ANY SOFTWARE NECESSARY TO OPERATE THAT PRODUCT. “Dispute” is to be given the broadest possible meaning that will be enforced. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral, third-person arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit http://www.iccwbo.org for more information.
- How to Opt Out of Mandatory Arbitration. Notwithstanding the above, you or UBIQUITI NETWORKS may choose to file a lawsuit in court rather than resolving your Dispute with UBIQUITI NETWORKS by arbitration. You may opt-out of mandatory arbitration if (a) the Dispute qualifies for small claims court (there are monetary limitations for small claims court), or (b) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU PURCHASE OR OTHERWISE ACQUIRE THE PRODUCT (the “Opt-Out Deadline”). In order to opt out of mandatory arbitration, you need to (I) mail written notification to Ubiquiti Networks, Inc., Legal Department, 685 Third Avenue, 27th Floor, New York, New York 10017; or (II) email written notification to firstname.lastname@example.org. In either case, your written notification must include: (1) your name, (2) your address, (3) a copy of your receipt or other proof of purchase, showing the date of purchase, and (4) a clear statement that you do not wish to resolve disputes with UBIQUITI NETWORKS through arbitration. Your decision to opt-out of this provision will have no adverse effect on your relationship with UBIQUITI NETWORKS. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or, if the dispute qualifies, in small claims court.
- Pre-Arbitration Claim Resolution: For all Disputes, whether pursued in court or in mandatory arbitration, you must first give UBIQUITI NETWORKS written notification and forty five (45) days to resolve the Dispute. The written notification shall include the information listed above in the preceding paragraph (b) items (1)-(3) plus (4) a written description of your Dispute and (5) a written description of the relief you seek. It is to be sent to the address listed at (I) in the above paragraph. If UBIQUITI NETWORKS does not resolve the dispute within forty five (45) days you may pursue your dispute in arbitration. You may pursue your dispute in a court only under the circumstances described above in the Opt Out provision.
- Arbitration Process.
- Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by a reputable courier with a tracking mechanism, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to UBIQUITI NETWORKS, then UBIQUITI NETWORKS can send to you by any other method available to UBIQUITI NETWORKS for sending such notice, including via e-mail. The Notice to UBIQUITI NETWORKS should be addressed to Ubiquiti Networks, Inc., 685 Third Avenue, 27th Floor, New York, New York 10017, Attn: Chief Legal Officer (the “Arbitration Notice Address”). The Notice shall include the information listed above in the preceding paragraph (b) items (1)-(3) plus (4) a written description of the your Dispute and (5) a written description of the relief you seek (the “Demand”). THE ARBITRATION WILL BE ADMINISTERED BY THE INTERNATIONAL CENTER FOR DISPUTE RESOLUTION (“ICDR”) IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES (THE “Rules”), AS MODIFIED HEREIN. The Rules are available at https://www.icdr.org. Except as otherwise set forth herein, if you are required to pay a filing fee to commence arbitration against UBIQUITI NETWORKS, then UBIQUITI NETWORKS will, within ten (10) business days of receipt of your confirmed payment reimburse you for the amount of your confirmed payment of the filing fee that exceeds the amount of any fees you would be required to pay if the Demand were filed in federal court in the Southern District of New York upon UBIQUITI NETWORKS’s receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee.
- Arbitration Proceeding. The arbitration will be conducted in English and a translator may be utilized at the expense of the party requiring the translation services. A single independent and impartial arbitrator with his or her primary place of business in New York, New York will be appointed pursuant to the Rules. You and UBIQUITI NETWORKS agree to the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (a) subject to the Rules, the arbitration shall be conducted online via videoconference, telephonically and/or be solely based on written submissions- rather than requiring the personal appearance of the parties- with the specific manner to be mutually agreed upon in writing by the parties and (b) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- No Class Actions. YOU AND UBIQUITI NETWORKS AGREE THAT YOU AND UBIQUITI NETWORKS MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID. IF YOU CHOOSE TO PURSUE YOUR DISPUTE IN COURT BY OPTING OUT OF THIS PROVISION, AS SPECIFIED ABOVE, THIS CLASS ACTION WAIVER WILL NOT APPLY TO YOU. NEITHER YOU, NOR ANY OTHER USER OF THE PRODUCT OR SERVICES CAN BE A CLASS REPRESENTATIVE, CLASS MEMBER, OR OTHERWISE PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING WITHOUT HAVING COMPLIED WITH THE OPT-OUT REQUIREMENTS ABOVE.
- Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within one-hundred and twenty (120) days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional thirty (30) days in the interests of justice upon written notice by the arbitrator to You and UBIQUITI NETWORKS at least twenty-one (21) days prior to the last date to issue his or her decision. Failure to adhere to this time limit shall not constitute a basis for challenging the arbitration award. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of New York in conducting the arbitration. You acknowledge that these terms and your use of the product or service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this QSG.
- Arbitration Award. The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. Such award will be final and binding on the parties, except for any right of appeal provided by the Federal Arbitration Act, and may be entered in any court having competent jurisdiction over the parties for purposes of enforcement.
- Equitable Relief.
- You acknowledge that, in the event UBIQUITI NETWORKS or a third party breaches the Mandatory Arbitration clause in this QSG, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against UBIQUITI NETWORKS, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this QSG.
- This Dispute Resolution section does not apply to any claim in which either party seeks equitable relief to protect such party’s copyrights, trademarks, or patents.
- Claims. You and UBIQUITI NETWORKS agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this QSG, the Product, or the service, excluding a claim for indemnification, must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- Punitive Damages. You and UBIQUITI NETWORKS agree that the arbitrator is not authorized to award punitive or other damages not measured by the prevailing party’s actual damages, subject to the limitations of liability set forth in this QSG.
- Jury Waiver. You understand and agree that by failing to opt out to this provision you and UBIQUITI NETWORKS are each waiving the right to a jury trial or a trial before a judge in public court. In the absence of this provision, you and UBIQUITI NETWORKS might otherwise have had a right or opportunity to bring Disputes in court, before a judge or jury and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided herein, those rights are waived.
- Enforceability. If only paragraph (d)(iii) of this Dispute Resolution section or the entirety of this Dispute Resolution section is found to be unenforceable, then the entirety of this Dispute Resolution section will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in the Governing Law section of this QSG will govern any action arising out of or related to this this QSG, the Product, or the service.
The QSG and its interpretation will be governed by the laws of the State of New York, excluding any conflict of laws principles. Except as otherwise set forth in the Dispute Resolution section of this QSG, the forum of any dispute or litigation shall be the courts located in New York, New York.