Extended Warranty

Extended Warranty for Brilliant Control
Brilliant NextGen, Inc.

Last Updated: 2 June 2024

Interested Brilliant NextGen Inc. customers may purchase an Extended Warranty which provides additional benefits beyond the terms of the Limited Warranty, for a fee. The Extended Warranty provides all of the warranty coverage of our Limited Warranty, plus additional coverage as set out below.

THIS EXTENDED WARRANTY CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

1. EXTENDED WARRANTY SCOPE; PERIOD OF COVERAGE

The Extended Warranty of Brilliant NextGen, Inc. (“Brilliant”), 28 E 3rd Avenue, Suite 200, San Mateo, CA 94402 USA, warrants to the owner of the Brilliant product purchased directly from Brilliant or a Brilliant Authorized Reseller (“Product”) that the Product will be free from defects in materials and workmanship (“Extended Warranty”) for a period of one (1) year from the date of delivery following the original retail purchase (the “Extended Warranty Period”). In addition to coverage provided in the Limited Warranty, this Extended Warranty also covers (a) mechanical breakdown, (b) damage caused by accidents such as cracked screens, (c) damage caused by power surges and (d) replacing defective parts. Repair or replacement may be made with a new or refurbished product or components, at Brilliant’s sole discretion. If the Product or a component incorporated within it is no longer available, Brilliant may, at its sole discretion, replace the Product with a similar product of similar function. This is your sole and exclusive remedy for breach of this Extended Warranty. Any Product that has either been repaired or replaced under this Extended Warranty will be covered by the terms of this Extended Warranty for the remaining duration of the Extended warranty from the repaired or replaced product. This Extended Warranty is transferable from the original purchaser to subsequent owners, but the Extended Warranty Period will not be extended in duration or expanded in coverage for any such transfer.

2. CONDITIONS FOR EXTENDED WARRANTY

Before making a claim under this Extended Warranty, the owner of the Product must (a) notify Brilliant of the intention to claim by visiting support.brilliant.tech during the Extended Warranty Period and providing a description of the alleged failure, and (b) comply with Brilliant’s return shipping instructions. Brilliant will have no warranty obligations with respect to a returned Product if Brilliant determines, in its reasonable discretion after examination of the returned Product, that the Product is an Ineligible Product (defined below). Brilliant will bear all costs of return shipping to owner and will reimburse any shipping costs incurred by the owner, except with respect to any Ineligible Product, for which owner will bear all shipping costs. However, Brilliant will not be responsible for any Products that are lost or damaged during shipping.

3. EXTENDED WARRANTY DOES NOT COVER

This Extended Warranty does not cover the following (collectively “Ineligible Products”): (a) Products marked as “sample” or “Not for Sale”, or sold “AS IS”; (b) Products that have been subject to: (i) modifications, alterations, tampering, or improper maintenance or repairs; (ii) handling, storage, installation, testing, or use not in accordance with the User’s Guide or other instructions provided by Brilliant; (iii) neglect, abuse or misuse; (iv) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; or (v) Acts of God, including but not limited to lightning, flood, tornado, earthquake, or hurricane; or (c) any non-Brilliant branded hardware products, even if packaged or sold with Brilliant hardware; or (d) any Brilliant product that is lost or stolen.. This Extended Warranty does not cover consumable parts, including batteries, unless damage is due to defects in materials or workmanship of the Product, or software (even if packaged or sold with the product). Brilliant recommends that you use only authorized service providers for maintenance or repair. Unauthorized use of the Product or software can impair the Product’s performance and may invalidate this Extended Warranty. Repair or replacement of defective components of is our only duty. The Extended Warranty does not cover the replacement of consumable parts such as batteries and light bulbs.

4. IMPLIED WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRILLIANT LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS EXTENDED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

5. LIMITATION OF DAMAGES

IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL BRILLIANT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS EXTENDED WARRANTY OR THE PRODUCT, AND BRILLIANT’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS EXTENDED WARRANTY OR THE PRODUCT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PRODUCT BY THE ORIGINAL PURCHASER. THESE LIMITATIONS WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF BRILLIANT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER OR NOT ANY PROVIDED REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE. 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.

6. PRODUCT INFORMATION AND SERVICE

BRILLIANT ONLINE SERVICES (“SERVICES”) PROVIDE YOU INFORMATION (“PRODUCT INFORMATION”) REGARDING YOUR BRILLIANT PRODUCTS OR OTHER PERIPHERALS CONNECTED TO YOUR PRODUCTS (“PRODUCT PERIPHERALS”). THE TYPE OF PRODUCT PERIPHERALS THAT MAY BE CONNECTED TO YOUR PRODUCT MAY CHANGE FROM TIME TO TIME. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, ALL PRODUCT INFORMATION AND SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND “AS AVAILABLE”. BRILLIANT DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION WILL BE AVAILABLE, ACCURATE, OR RELIABLE OR THAT PRODUCT INFORMATION OR USE OF THE SERVICES OR PRODUCT WILL PROVIDE SAFETY IN YOUR HOME. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRILLIANT DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES WITH RESPECT TO THE PRODUCT INFORMATION AND SERVICES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

7. USE WITH CAUTION

YOU USE ALL PRODUCT INFORMATION, THE SERVICES, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND BRILLIANT DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICITY, HOME, PRODUCT, PRODUCT PERIPHERALS, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, SERVICES, OR PRODUCT. PRODUCT INFORMATION PROVIDED BY THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR DIRECT MEANS OF OBTAINING THE INFORMATION. FOR EXAMPLE, A NOTIFICATION PROVIDED THROUGH ANY SERVICE IS NOT INTENDED AS A SUBSTITUTE FOR AUDIBLE AND VISIBLE INDICATIONS IN THE HOME AND ON THE PRODUCT, NOR FOR A THIRD PARTY MONITORING SERVICE THAT MONITORS THE STATE OF THE HOME.

8. YOUR RIGHTS AND THIS EXTENDED WARRANTY

This Extended Warranty gives you specific legal rights. You also may have other legal rights that vary by state, province, or jurisdiction. Likewise, some of the limitations in this Extended Warranty may not apply in certain states, provinces or jurisdictions. The terms of this Extended Warranty will apply to the extent permitted by applicable law. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction and you may wish to contact a relevant consumer advisory service.