Congratulations on the purchase of your ShockIQ™ Electric Shock Safety System and/or DockIQ® Smart Dock Security System from DockIQ, LLC (“DockIQ”). DockIQ helps customers, through our hardware, mobile applications, and associated services, monitor docks, watercraft, water conditions, and related marine data to protect themselves, their property, and get better use out of their docks and watercraft. Among other things, DockIQ helps monitor water levels (which may indicate the need to move the dock), tracks the location of the dock and watercraft in the case of unmooring or theft, detects movement on the dock and watercraft, and (if enabled) monitors the water around the dock for unsafe levels of electricity. The DockIQ products and services, depending upon user settings and the services purchased, also alert the customer of certain conditions so the customer can address the issue (for example: move the dock; alert authorities of a theft in progress; or unsafe levels of electricity in the water).
In the end, however, DockIQ is only an information provider which adds an additional layer of protection. It is up to the customer to take action based on the information provided. For example, if DockIQ detects the presence of unsafe levels of electricity in the water or water levels that require moving a dock, it is up to the user to take appropriate action to remedy the situation. DockIQ cannot act for the user, just alert the user that action is needed. For this reason, DockIQ will not be liable for any damages suffered by the user, or the user’s family or friends due to the failure to take remedial action.
Moreover, DockIQ’s ability to provide the user information is dependent on some things outside its control. For example, mobile alerts can only be delivered if all the necessary telecommunication services are working and the customer’s mobile device settings are properly enabled. For this reason, DockIQ will not be liable for any damages suffered by the user, or the user’s family or friends due to failures outside DockIQ’s control.
Even the best technology cannot take the place of common sense. When using DockIQ, do not ignore apparent dangers or fail to use common sense. DockIQ cannot guaranty the safety of anyone or anything, but it can assist the user in making good decisions by providing the best information available.
DockIQ provides the following Limited Warranty to the original purchaser of the ShockIQ™ Electric Shock Safety System or DockIQ® Smart Dock Security System (collectively referred to as the “DockIQ Products”).
What is covered under the Limited Warranty? DockIQ warrants the DockIQ Products will be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase by the original retail purchaser. This Limited Warranty is not transferable. To make a claim under the Limited Warranty, the original retail purchaser must promptly provide written notice of the claim, at the purchaser’s expense, to DockIQ, LLC at 78 Dawson Village Way N., Suite 140-75, Dawsonville, GA 30534 or email@example.com. Notice of the claim must include: (1) proof of purchase; (2) description of the defect in materials or workmanship; and (3) the DockIQ Product which is the subject of the claim. (4) The product serial number. (5) Once the request has been sent and if approved, an RMA will be assigned and should be included on the package. To be valid and processed, any such claim must be received by DockIQ no later than thirty (30) days after the expiration of the one (1) year Limited Warranty period. If DockIQ determines the DockIQ Product suffers from a defect in materials or workmanship which is not otherwise excluded hereunder, DockIQ will either repair such defect or replace the defective part or product, in its sole discretion, and return the DockIQ Product free of charge. Ship all warranty claim products to: DockIQ Returns, 1625 Oakbrook Dr. Norcross GA 30093.
What is excluded under the Limited Warranty? The following damages are explicitly excluded under the Limited Warranty: (1) cosmetic damages which do not affect the function of the product; (2) normal wear and tear; (3) damages resulting from misuse, mishandling, modifications, improper maintenance, or failure to follow product instructions; (4) damages resulting from improper installation, or operation or storage beyond stated environmental and/or electrical specifications; and (5) damages caused by disaster such as fire, flood, wind, and lightning.
DISCLAIMER OF WARRANTIES
THE LIMITED WARRANTY STATED ABOVE IS THE EXCLUSIVE REMEDY FOR ANY CLAIM FOR DAMAGES TO OR ARISING FROM THE USE OF THE SHOCKIQ™ ELECTRIC SHOCK SAFETY SYSTEM OR DOCKIQ® SMART DOCK SECURITY SYSTEM. THE DOCKIQ PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS. DOCKIQ MAKES NO WARRANTIES RELATED TO THE PRODUCTS OR SERVICES PROVIDED BY DOCKIQ AND HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THAT USE OF THE PRODUCTS AND SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DOCKIQ OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. CUSTOMER ASSUMES TOTAL RESPONSIBILITY FOR THE SELECTION OF THE PRODUCTS AND SERVICES TO ACHIEVE CUSTOMER’S INTENDED RESULTS AND FOR ITS USE OF THE RESULTS OBTAINED FROM THE PRODUCTS AND SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, IN WHICH CASE THE IMPLIED WARRANTIES WILL BE RESTRICTED TO THE SHORTEST TIME PERIOD ALLOWED BY LAW.
LIMITATION OF LIABILITY
IN NO EVENT SHALL DOCKIQ BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL CONSEQUENTIAL DAMAGES, TO PROPERTY OR LIFE, WHATSOEVER ARISING OUT OF OR CONNECTED WITH THE USE OR MISUSE OF THE DOCKIQ PRODUCTS OR SERVICES. THE TOTAL LIABILITY, IF ANY, OF DOCKIQ (INCLUDING ITS SUBSIDIARIES, ITS PARENT AND SUBSIDIARIES OF ITS PARENT, ITS LICENSORS, AND THE EMPLOYEES, OFFICERS, MEMBERS, DIRECTORS AND AGENTS THEREOF) IN THE AGGREGATE FOR ALL CLAIMS, CAUSES OF ACTION OR LIABILITY WHETHER SOUNDING IN CONTRACT, TORT OR OTHERWISE IN ANY WAY RELATED TO THE DOCKIQ PRODUCTS OR SERVICES, SHALL BE LIMITED TO THE LESSER OF: (A) USER’S DIRECT DAMAGES, ACTUALLY INCURRED, OR (B) THE TOTAL AMOUNTS PAID BY USER TO DOCKIQ.
Effective Date of Current Warranty Information: May 3, 2019