3-Year Limited Warranty

einshtein or its affiliate that completed the sale (“einshtein”) warrants that for a period of three (3) years from the date of purchase (“Warranty Period”) by the original consumer (“Customer”), the new einshtein thermostat (the “Product”) shall be free of defects in materials and workmanship under normal use and service. During the Warranty Period, einshtein shall, at its sole option, repair or replace any defective Products at no charge to Customer in accordance with this warranty. Any replacement and/or repaired Product is warranted for the remainder of the original warranty or ninety (90) days, whichever is longer.

If the Customer believes a Product is defective or believes the Product has failed, the Customer may:

In the event of a failure of a Product, Customer may:

(a) if Customer did not purchase the Product directly from einshtein, Customer can contact the third party contractor from whom the Product was purchased to obtain an equivalent replacement product, provided the contractor determines that the original Product is defective and Customer is otherwise eligible to receive a replacement product; or

(b) contact einshtein directly for service assistance at 1-877-xxx-xxxx and einshtein will make the determination whether an equivalent replacement Product can be sent to Customer with return shipping supplies (in which case a hold may be put on Customer’s credit card for the value of the replacement Product until einshtein has received the defective Product). Product should be returned to the following address: einshtein, c/o einshtein, Rtn Dept., 150 Greenfield Avenue, OTTAWA ON K1S 5W6 (CANADA). If the returned Product is found by einshtein to be defective and Customer is otherwise eligible to receive a replacement product, no amount shall be charged to Customer’s credit card.

This warranty does not cover removal, reinstallation or shipping costs and shall not apply if the damages were found to be caused by something other than defects in materials or workmanship, including without limitation, if the Product:

-was operated or stored in abnormal conditions;

-is repaired, modified or altered in any way, unless einshtein expressly authorizes such repair, modification or alteration in writing;

-was subject to abuse, neglect, electrical fault, improper handling, accident or acts of nature; or

-was installed improperly.

This warranty is void for any Product purchased from a reseller not authorized by einshtein. A proof-of-purchase will be required from the Customer in order for einshtein to provide a replacement and/or repaired Product.

This warranty is valid only for Products installed in the country in which it is purchased.

einshtein’s sole responsibility shall be to repair or replace the Product within the terms of this warranty.

EINSHTEIN SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND, INCLUDING ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY BREACH OF ANY WARRANTY, EXPRESS OR IMPLIED, OR ANY OTHER FAILURE OF THIS PRODUCT. EXCEPT AS SET FORTH IN THIS WARRANTY, EINSHTEIN MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCT AND ALL OTHER WARRANTIES ARE SPECIFICALLY EXCLUDED, INCLUDING ANY WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR PARTICULAR OR SPECIAL PURPOSES. THE REMEDIES SET FORTH IN THIS WARRANTY SHALL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND EINSHTEIN’S ENTIRE LIABILITY FOR ANY BREACH OF THIS WARRANTY.No warranties, whether express or implied, will apply after the limited Warranty Period has expired.

einshtein neither assumes responsibility for nor authorizes any other person purporting to act on its behalf to modify or to change this warranty, nor to assume for it any other warranty or liability concerning the Product.

This warranty shall be subject to all applicable laws. Any provision of this warranty, which is unenforceable in any jurisdiction shall, in such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other jurisdiction.

This warranty gives you specific rights, and you may also have other rights which vary from jurisdiction to jurisdiction. If you have any questions regarding this warranty, please write to: einshtein Customer Service, 150 Greenfield Avenue, Suite 502, Ottawa, ON K1S 5W6.