Whisker Labs (“WL”) will supply a total of $1,000 as a credit toward the remediation of electrical fire hazards within the Ting-monitored electrical distribution system identified during the End User (“You” or “Your”) Term of Service. This credit is per device, for the home covered by the Ting service, and will carry over each service renewal period if unused or a balance remains for customers who renew annually without interruption and whose account is in good standing. Credit is applicable to qualified repairs to Your home electrical distribution system to alleviate a detected electrical fire hazard. For clarity, the credit cannot be applied towards (1) repairs to or replacement costs associated with devices, appliances or systems that are connected to the home electrical distribution system but which might be the source of the electrical fire hazard; (2) repairs for potential electrical hazards detected by Ting but which are not fire hazards (e.g., ungrounded outlet or circuit); and (3) repairs to Your home electrical distribution system for electrical fire hazards evidenced to be from pre-existing conditions that would have been reasonably apparent prior to installing Ting; (4) repairs to Your home electrical distribution system for electrical fire hazards from gross negligence or from damage evidenced by intentional or deliberate acts.
Description of Covered Items: Electrical components are limited to single-phase wiring circuits and related electrical components required to deliver electricity throughout Your home and Your attached garage, including and extending from the main electrical distribution panel to each branch circuit and corresponding wiring, junctions and end service points. Includes standard parts or components consisting of wall, floor, ceiling and countertop-mounted receptacles (“Electrical Outlets”); GFCI receptacles/breakers (“Ground Fault Circuit Interrupters”); AFCI receptacles/breakers (“Arc Fault Circuit Interrupters”); Wall-mounted switches; Wall-mounted dimmer switches; Building-mounted circuits, feeders, fuses or breakers up to 200 amps; main electric service panel or subpanels off of the main electric service panel up to 200 amps; 120- to 240-volt home electrical circuits/wiring (copper or aluminum); and electric vehicle supply equipment (EVSE) circuit and wiring repair.
Items/Conditions Not Covered. Anything not listed in the covered section above.
Limits. Notwithstanding anything herein to the contrary, credit coverage is excess to any valid warranty, insurance or indemnity benefit available to You. By way of example, credit shall not apply to remediation of recently performed electrical work – new construction or repair of pre-existing system – that is otherwise covered by a service or repair warranty.
When location, diagnosis, identification and repair (“Remediation Services”) of an electrical fire hazard covered by this credit are recommended, the WL Ting Service Team will coordinate with You via Your preferred method of contact. WL will refer the work to a WL-authorized independent contractor. In the event WL determines, at our sole discretion, that there is an emergency situation requiring expedited Remediation Service that cannot be addressed by disabling a branch circuit or turning off or unplugging a device, WL will make every reasonable effort to expedite service, and will give consideration to covered Remediation Services that would affect habitability of the dwelling. WL will determine, at our sole discretion, which Remediation Services constitute an emergency.
WL has sole authority to select independent contractors for Remediation Services. All Remediation Services must be performed by a WL-authorized independent contractor and approved by WL in advance, unless the portion of Your electrical system requiring remediation is determined to fall under the scope of an existing warranty or contract. WL is not responsible for, nor will the Ting service credit apply to, expenses You may incur without WL’s express consent. WL will not reimburse You for any costs associated with unauthorized repairs and/or work performed by unauthorized contractors. All service calls and Remediation Services performed for You arising from the identification of an electrical fire hazard shall be pursuant to a contract between You and the independent contractor. WL has no responsibility for electrical fire hazard diagnosis or repair; WL provides data and tools to help the WL-authorized independent contractor with diagnosis.
Upon completion of a WL-referred service call, WL’s authorized independent contractor shall present an invoice to You reflecting the credit up to the available credit balance. If repair/remediation exceeds the available credit balance, the authorized independent contractor shall collect directly from You for any additional charges per its contract with You. The authorized independent contractor shall bill its usual and customary rates for mitigation services. Credits will only be given for service calls referred by WL and arising from notification of electrical fire hazards identified by WL, and for qualified repairs to Your home electrical distribution system.
Hardware Replacement. The Ting Sensor (“Hardware”) is designed to conform in all material respects to the documentation and be free from defects in material or workmanship for the life of the Hardware. If, during the Ting Service period, You notify WL, in writing (or by email), of any fault or defect which prevents Hardware from functioning in accordance with the documentation, WL will, at its sole option and free of charge to You, repair or replace the Hardware. Free replacement does not cover situations where Your sensor fails to operate due to misuse, physical damage, or failure to properly install Ting in accordance with instructions. WL will not repair or replace the Hardware in the following instances: If the alleged defect arises because You (or someone acting under the Your instruction) has altered or repaired the Hardware without the prior written consent or authorization of WL; If You did not follow any or all applicable instructions for proper installation, usage, or maintenance of the Hardware; or if You have failed to notify WL of any defect where the defect should have been reasonably apparent on inspection of the Hardware.
The above represents Your sole and exclusive remedy with respect to Hardware replacement and is contingent on You providing all necessary information to assist WL in attempting to resolve the alleged fault. WL MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES REGARDING THE HARDWARE, AND MAKES NO IMPLIED REPRESENTATIONS OR WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, USAGE IN TRADE, COURSE OF CONDUCT, NON-INFRINGEMENT OR INTEGRATION. WL SHALL NOT BE RESPONSIBLE TO SUBSCRIBER OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, REVENUES, SALES, BUSINESS, GOODWILL OR USE.