Warranty
NOWi Sensors – Subscription Device Warranty
Effective for active subscriptions
1. Coverage
NOWi Sensors will replace a Customer’s NOWi device free of charge if it fails to operate as intended, including failures caused by flood damage or electrical power surges, subject to the terms below.
2. Eligibility
To remain eligible for warranty replacement, the Customer must:
- Maintain an active, paid NOWi subscription in good standing for the device in question. Coverage is suspended for any period during which the subscription is unpaid, lapsed, paused, or cancelled, and is not retroactive.
- Be the original purchaser, or an authorized successor, of the device under the active subscription.
- Have installed and operated the device in accordance with Section 3 (Installation Requirements) and NOWi’s published documentation.
3. Installation Requirements
Qualified installer. Devices that connect to, or are installed within, electrical service equipment, distribution panels, switchgear, or any energized conductors must be installed only by a licensed electrician or other qualified person, in accordance with the National Electrical Code (NFPA 70), NFPA 70E, applicable OSHA regulations (including 29 CFR 1910.333), and any applicable state, provincial, and local codes. Installation by an unqualified person voids this warranty with respect to the affected device, and the Customer assumes all associated liability.
Pre-installation verification. Before installing or energizing the device, the Customer (or the Customer’s installer) is responsible for verifying that the device is compatible with the intended installation, including, without limitation: panel and bus rating, service amperage, voltage, phase configuration, breaker type, conductor size, available fault current, and environmental conditions. Suitability for the Customer’s specific application is the Customer’s sole responsibility.
Electrical hazard acknowledgment. The Customer acknowledges that work on high-amperage panels and energized conductors involves serious risks of electric shock, electrocution, arc flash, arc blast, fire, and property damage. The Customer agrees that all installation, maintenance, troubleshooting, and removal of the device will be performed using appropriate personal protective equipment (PPE) and safe work practices, including de-energization and lockout/tagout in accordance with NFPA 70E and OSHA requirements wherever feasible.
4. Replacement Limit
Warranty coverage is limited to one (1) replacement device per covered unit per any rolling 24-month period, measured from the ship date of the most recent replacement. Additional failures within that window may be repaired or replaced at NOWi’s discretion at the then-current replacement rate.
5. Replacement Device
Replacement devices may be new or factory-refurbished at NOWi’s discretion and will carry the original warranty. The replaced (failed) unit becomes the property of NOWi and must be returned in its original packaging (or equivalent protective packaging) within thirty (30) days of receipt of the replacement, using the prepaid return label provided. Failure to return the failed unit within thirty (30) days will result in a charge equal to the then-current device list price.
6. Exclusions
This warranty does not cover:
- Damage from misuse, abuse, accident, fire, lightning, or other external causes (flood and power surges are covered)
- Unauthorized modification, repair, tampering, or changes made without NOWi’s prior written consent
- Cosmetic damage that does not affect device function
- Loss or theft
- Installation, operation, removal, or maintenance not performed in accordance with Section 3, NOWi’s published environmental specifications, or applicable electrical and safety codes
- Failures caused by third-party hardware, networks, or software
7. Inspection, Notice of Claims, and RMA Process
Inspection on receipt. Upon receiving any device (including a replacement device), the Customer is obliged to inspect it promptly. If there is visible shipping damage, the Customer must notify the carrier before accepting delivery, document the damage on the delivery papers, and notify NOWi within three (3) business days of receipt. If shipping damage is not documented on the delivery papers and NOWi is not notified within three (3) business days, the device will be deemed to have been delivered in satisfactory condition.
Notice of defects. The Customer must notify NOWi in writing, without undue delay, of any defect or non-conformity once the Customer discovers, or reasonably should have discovered, the issue. If notice is not provided in a timely manner, NOWi assumes no liability for the defect or non-conformity, and the Customer agrees not to assert any such claim.
RMA required. To initiate a warranty replacement, the Customer must contact NOWi support at support@nowisensors.com with the device serial number and a description of the issue. NOWi may require basic remote troubleshooting before issuing a Return Material Authorization (“RMA”). A valid RMA must be obtained from NOWi prior to any return shipment. Shipments returned without a valid RMA may be refused and returned to the sender at the sender’s expense, at NOWi’s sole discretion.
Shipping. Replacement units typically ship within five (5) business days of RMA approval. NOWi covers standard ground shipping both ways within the continental United States; expedited or international shipping is at Customer expense.
Unfounded claims. If a device returned under an RMA is determined not to be defective or non-conforming, NOWi may charge the Customer for the reasonable costs incurred in handling, testing, and returning the device, including shipping.
8. Term and Termination
This warranty remains in effect for the duration of the active subscription. It terminates automatically and immediately upon cancellation, non-payment, or other termination of the subscription, with no surviving obligations on NOWi’s part for events occurring after termination. Sections 9 through 20 survive termination of this warranty to the extent necessary to give effect to their terms.
9. Exclusive Remedies
If a device delivered under an active subscription is defective or otherwise non-conforming and timely notice has been given, NOWi shall be obliged and entitled, at its sole and exclusive discretion, to either (a) repair the device, (b) provide a replacement device in accordance with Sections 4 and 5, or (c) refund the prorated subscription fees attributable to the affected device for the period of the defect. The remedies stipulated in this Section 9 are the Customer’s sole and exclusive remedies for any defect, non-conformity, or failure of a NOWi device, and are in lieu of all other remedies, whether at law or in equity.
10. Limitation of Liability
To the maximum extent permitted by applicable law:
NOWi shall not be liable for any operation loss, loss of time, loss of profit, loss of data, loss of revenue, business interruption, service interruption, power outages, lost production, spoilage, or any other consequential, incidental, indirect, special, punitive, or exemplary damages arising out of or in connection with the device, the subscription service, or this warranty, regardless of the form of action and even if NOWi has been advised of the possibility of such damages.
NOWi’s total cumulative liability arising out of or related to the device or this warranty shall not exceed the lesser of (i) the then-current list price of the affected device or (ii) the subscription fees paid by the Customer for the affected device during the twelve (12) months preceding the event giving rise to the claim.
NOWi shall not be liable for any damages or losses to the extent such damages or losses are attributable to any component, equipment, software, network, or service supplied or operated by the Customer or any third party and used with or integrated into the device.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of the above limitations may not apply to the Customer. EXCEPT FOR THE EXPRESS WARRANTY SET FORTH IN THIS DOCUMENT, NOWi DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
11. Electrical Hazards and Property Damage
Because NOWi devices may be installed within or in proximity to high-amperage electrical equipment, the following allocations of risk apply to the maximum extent permitted by applicable law:
NOWi shall not be liable for damage to the Customer’s electrical service equipment, distribution panels, switchgear, breakers, conductors, meters, transformers, or any equipment, fixtures, or systems located upstream or downstream of the device, or for damage to buildings, structures, or contents arising from the installation, operation, or failure of the device.
Nothing in this warranty is intended to exclude or limit NOWi’s liability for personal injury or death to the extent caused by NOWi’s gross negligence or willful misconduct, or to the extent such exclusion or limitation is prohibited by applicable law. All other claims for personal injury or property damage are subject to Section 10 (Limitation of Liability) and Section 12 (Indemnification).
12. Indemnification
In the event that any third party (including, without limitation, the Customer’s customers, tenants, employees, contractors, or insurers) seeks to hold NOWi liable for any damages or losses for which NOWi is not responsible to the Customer under this warranty – including, without limitation, claims arising from installation of the device by an unqualified person, non-compliance with Section 3, or events covered by Section 11 – the Customer agrees to defend, indemnify, and hold NOWi harmless from and against any and all such claims, demands, suits, damages, judgments, settlements, and reasonable costs (including reasonable attorneys’ fees) arising therefrom.
13. Force Majeure
NOWi shall not be liable for any delay or non-performance of its obligations under this warranty to the extent caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, fire, flood, earthquake, severe weather, pandemic or epidemic, war, terrorism, civil unrest, strikes or other labor disturbances, government acts or restrictions, embargoes, shortages of materials or transportation, failures of utilities or telecommunications, cyber incidents, or delays or defects in deliveries from sub-suppliers attributable to similar circumstances. The time for performance shall be extended for the duration of the event of force majeure.
14. Governmental and Regulatory Compliance
NOWi does not warrant that the device complies with any special governmental rules or requirements promulgated within the jurisdiction where the Customer installs or operates the device. The Customer is responsible for identifying and complying with any local, state, provincial, or national codes or requirements applicable to the installation and operation of the device (see Section 3) and assumes the risk of any change to such rules or requirements after delivery of the device.
15. Intellectual Property
All trademarks, trade names, trade secrets, know-how, logos, copyrights, patents, patent applications, designs, drawings, documentation, manuals, firmware, software, and other intellectual property rights related to the device and the NOWi service are and shall remain the exclusive property of NOWi or its licensors. The Customer acquires only a limited, non-exclusive, non-transferable right to use the device and associated firmware in accordance with this warranty and the applicable subscription terms, and no other rights, by implication or otherwise, are granted to the Customer.
16. Confidentiality
Any non-public information disclosed by NOWi to the Customer in connection with the device or the subscription service – including pricing, technical specifications, firmware, diagnostic data, and business information – shall be treated by the Customer as confidential, whether disclosed in hard copy, orally, or in electronic form, and shall not be disclosed to any third party or used for any purpose other than the Customer’s permitted use of the device, without NOWi’s prior written consent.
17. Privacy
NOWi takes privacy seriously and uses Customer information solely to administer the Customer’s account and provide the products and services requested. Please see the NOWi Privacy Policy at https://www.nowisensors.com/privacy for information on how submitted data is collected, used, and protected.
18. Severability
If any provision of this warranty is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or, if it cannot be so modified, shall be severed, and the remaining provisions of this warranty shall remain in full force and effect.
19. Governing Law and Dispute Resolution
This warranty, and any dispute arising out of or in connection with it – including disputes regarding its formation, validity, interpretation, performance, breach, or termination – shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict-of-laws principles. The parties agree first to attempt in good faith to resolve any dispute amicably through written negotiation. If the parties are unable to resolve the dispute within thirty (30) days, the dispute shall be finally settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, with the place of arbitration in Hartford, Connecticut. Judgment on the award rendered may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information. Service of process and other judicial notices may be given by registered or certified mail to the addresses of the parties as stated in the order confirmation or current subscription record.
20. Entire Agreement and Acknowledgment
This warranty, together with the applicable NOWi subscription agreement and any order confirmation issued by NOWi, constitutes the entire understanding between NOWi and the Customer with respect to the warranty of the NOWi device, and supersedes all prior or contemporaneous understandings on that subject. No modification of this warranty shall be effective unless made in writing and signed by an authorized representative of NOWi. By maintaining an active NOWi subscription, the Customer acknowledges and agrees to the terms of this warranty.