WayBeyond product warranty

1.       When you purchase a product from WayBeyond Limited (WayBeyond), you receive a warranty from WayBeyond covering the products that are manufactured by WayBeyond, being the Folium wireless multi-function sensor and internet gateway (WayBeyond Products).

2.     WayBeyond warrants that, during the warranty periods set out below, the WayBeyond Products, when used normally and in accordance with the product user guide provided to you or located at WayBeyond’s website (www.farmroad.io or any successor site) (Product User Guide), will be free from material defects in materials and/or workmanship and comply with the specifications set out in the Product User Guide.  

3.     Products and product components that are manufactured by third party manufacturers, including but not limited to: soil / substrate moisture sensor, plant temperature sensor, and power supplies (Third Party Products) are warranted by the relevant manufacturer, not WayBeyond. The warranty periods for Third Party Products are also set out below, and further details of the manufacturer’s warranty are available on request.  WayBeyond will use commercially reasonable efforts to pass through the benefit of any warranty protections provided by the manufacturer.  To the maximum extent permitted by law, WayBeyond excludes all warranties on Third Party Products.

4.     The warranty periods for WayBeyond Products and Third Party Products are effective from the date of purchase and are for the following periods (each a Warranty Period):

 

5.     WayBeyond will, at its option, repair or replace without cost to you, any WayBeyond Product which, during the applicable Warranty Period, is found to not meet the warranty set out above (Defective, with Defect having a consistent meaning). WayBeyond reserves the right, at its sole discretion, to provide you with a refund of the purchase price instead of repairing or replacing the WayBeyond Product.

6.     The repair or replacement of, or the provision of a refund for, a Defective WayBeyond Product is your sole remedy against WayBeyond under this warranty or any other condition or warranty that cannot be excluded by law.

7.     Any WayBeyond Product being claimed under warranty must be held available for return and inspection upon request for a period of 90 days from the date of claim submission. WayBeyond Products returned for inspection at the request of WayBeyond must be returned freight prepaid by you within 14 days of that request. Any replacement or repaired WayBeyond Product will be provided freight prepaid by WayBeyond.

8.     If a WayBeyond Product returned to WayBeyond is found by WayBeyond to not be Defective or otherwise excluded from coverage under this warranty, the cost of freight to return the WayBeyond Product will be charged to, and paid by, you. WayBeyond may also, at its discretion, charge you for the cost of any parts incurred by WayBeyond in assessing your claim and for any labour undertaken in assessing your claim (at WayBeyond’s standard rates at that time).

9.     Any WayBeyond Product replaced or repaired under this warranty is not subject to further warranty cover beyond the original Warranty Period of the WayBeyond Product that has been repaired or replaced. Nothing in this paragraph limits WayBeyond’s right to refund you the purchase price instead of repairing or replacing the WayBeyond Product, at WayBeyond’s election.

10.  If a WayBeyond Product or Third Party Product is received in a damaged condition, then the damage must be noted on the bill of lading/delivery documents and, if possible, photographs taken, prior to acceptance of the consignment. The freight company must be contacted by you and a damage claims registered as soon as practicable.

11.    This warranty DOES NOT extend to or cover:

a.    Any WayBeyond Product from which the serial number has been removed or defaced.

b.   Defects caused by use other than in accordance with the Product User Guide.

c.    Defects caused by a failure to store the controller and power adapter in a dry, shaded and well-ventilated situation or by temperature exceeding 55 degrees Celsius (131 degrees Fahrenheit)

d.   Defects caused by accident, neglect, negligence, modification, misuse, abuse, or any event beyond the reasonable control of WayBeyond.

e.    Defects caused by use of the WayBeyond Products in a manner contrary to any applicable laws or not within WayBeyond's reasonable contemplation.  

f.      The cost of any repair carried out by any party other than WayBeyond, and the cost of correcting such repairs.

g.   Defects caused by normal wear and tear.

h.   Defects caused by water or chemicals.  

i.      Normal maintenance, including as set out in the Product User Guide.

j.      Where WayBeyond is unable to provide usual remote support due to any action or omission by you, including, but not limited to any failure by you to purchase or otherwise provide a compatible screen and/or keyboard in the case of a screenless WayBeyond product.

k.    Defects where the WayBeyond Product has been installed, dismantled, modified, repaired or serviced other than as set out in the Product User Guide.

l.      Use of the WayBeyond Products with parts or accessories not manufactured, sold or recommended by WayBeyond.

12.   WayBeyond Products are not designed for consumer use and are intended to be used for business/commercial purposes only. To the maximum extent permitted by law, WayBeyond excludes all consumer guarantees in relation to the WayBeyond Products.

13.   Proof of purchase must be provided when making any claim under this warranty. Any repairs under this warranty will only be provided by WayBeyond during its normal business hours.

14.  To the maximum extent permitted by law:

a.    WayBeyond’s warranties are limited to those stated in this warranty;

b.   WayBeyond excludes any implied condition or warranty, including any warranty of merchantability or fitness for purpose; and

c.    any implied condition or warranty that may not be excluded by law are limited to the warranty periods specified in this Product Warranty.

15.   To the maximum extent permitted by law, WayBeyond disclaims all liability for any loss of profit, data, savings, business, revenue, and/or goodwill, and for any special, indirect, consequential or incidental loss or damage of any kind.  

16.   This warranty statement supersedes any prior agreement or representation in relation to the WayBeyond Products and Third Party Products including any representations made in WayBeyond sales literature or advice given by us or an agent or employee of WayBeyond in connection with the purchase of a WayBeyond Product or Third Party Product.

17.   Any illegality, unenforceability or invalidity of a provision of this warranty statement does not affect the legality, enforceability or validity of the remaining provisions.  

18.   This warranty statement is governed by and interpreted in accordance with the laws of New Zealand. You submit to the non-exclusive jurisdiction of the courts of New Zealand in relation to any dispute connected with this warranty statement.  

How to Obtain Warranty Service

If an incident occurs, you should contact WayBeyond (support@waybeyond.io) or your Technical Account Manager. WayBeyond representatives will ask a series of questions designed to determine the extent of damage or failure. Depending on the cause and extent of the damage, WayBeyond will then initiate the appropriate replacement service. WayBeyond’s representative will then provide instructions for returning your product to our support facility.

Thank you for choosing WayBeyond.