OUR LIMITED WARRANTY WAS UPDATED ON OCTOBER 9, 2020
THIS LIMITED WARRANTY CONTAINS A DISPUTE RESOLUTION AND ARBITRATION PROVISION,
INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THIS LIMITED
WARRANTY AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH UBIQUITI.
YOU MAY OPT OUT OF ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Products Covered by This Warranty
Ubiquiti Inc.'s (“UBIQUITI”) policy is to offer product warranties to end users of our
(the “customer” or “you”) only on products purchased from an authorized UBIQUITI distributor or
reseller or from an official Ubiquiti webstore1 (the “Webstores”)
and, in either case, only accompanied by a Return Materials Authorization (“RMA”) as further described below.
are some websites and dealers who claim to be authorized UBIQUITI resellers but are not.
Products sold on
these websites or from these dealers do not carry a warranty from UBIQUITI. When you purchase
an unauthorized website or dealer, you are taking a risk because these products may be counterfeit,
or may not be designed for use in your country. Please protect yourself and your UBIQUITI
ensuring that you only purchase UBIQUITI products from an authorized reseller. If you have any
about authorized distributors or resellers, please visit our website at https://www.ui.com/distributors/.
Limited Product Warranty
UBIQUITI warrants that its products (the "Product(s)") shall be free from
material and workmanship the duration of the Warranty Period. The “Warranty Period” means (a) for Products purchased by the customer directly from UBIQUITI’S Webstores, two years after the date of delivery of such Product to such customer and (b) for Products purchased from an authorized UBIQUITI distributor or reseller, one year after the date of shipment of such Product to such authorized distributor or reseller. UBIQUITI’S sole and exclusive obligation and liability under the foregoing
be for UBIQUITI, at its discretion, to replace any Product with a new or refurbished version of
the Product that fails to conform to
warranty during the above warranty period. Such obligation shall be the sole remedy under this warranty
and UBIQUITI’S exclusive obligation and the full extent of its liability. The expense of removal and
any Product, including labor costs, is not included in this warranty. The warranty period of any
replaced Product shall not extend beyond its original term. This warranty does not cover any software
or programs, non-UBIQUITI products or non-UBIQUITI peripherals. All products and parts
replaced become the property of UBIQUITI.
OTHER THAN THIS LIMITED WARRANTY, UBIQUITI, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY DATA, SERVICE, SOFTWARE AND HARDWARE PROVIDERS HEREBY DISCLAIM ANY OTHER EXPRESS REPRESENTATION OR WARRANTY OF ANY KIND; ANY IMPLIED WARRANTY, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS, GUARANTEES, OR WARRANTIES OF MERCHANTABILITY, ACCURACY, QUALITY OF SERVICE OR RESULTS, AVAILABILITY, SATISFACTORY QUALITY, LACK OF VIRUSES, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE AND USE OR NON-INFRINGEMENT ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY. THERE ARE NO WARRANTIES ARISING FROM ANY COURSE OF DEALING, USAGE OR TRADE PRACTICE IN CONNECTION WITH UBIQUITI PRODUCTS AND SERVICES. CUSTOMER ACKNOWLEDGES THAT NEITHER UBIQUITI NOR ITS THIRD PARTY PROVIDERS CONTROL CUSTOMER’S EQUIPMENT OR THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE PRODUCTS AND SERVICES MAY BE SUBJECT TO LIMITATIONS, INTERRUPTIONS, DELAYS, CANCELLATIONS AND OTHER PROBLEMS INHERENT IN THE USE OF COMMUNICATIONS FACILITIES. In addition, UBIQUITI does not warrant that the operation of the Products will be error-free or that operation will be uninterrupted. No UBIQUITI employee, agent, or reseller can make any verbal or written modification, extension, or addition to this warranty.
Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
The above warranty does not apply if the Product:
has been modified and/or altered, or an addition made thereto, except by UBIQUITI, or
UBIQUITI’S authorized representatives, or as approved by UBIQUITI in writing;
- has been painted, rebranded or physically modified in any way;
- has been damaged due to errors or defects in cabling;
- has been damaged due to use with non-UBIQUITI products;
has been damaged due to natural disaster, including but not limited to lightning, flood, tornado,
earthquake, heavy rain or hurricane;
has been damaged due to power surges, improper power supply, electrical current fluctuations,
corrosive environment installations, induced vibration, harmonic oscillations or resonance
associated with movement of air currents around the Product(s);
has been subjected to misuse, abuse, improper handling, alterations, modifications or repairs by
customer or third parties, negligence, abnormal physical, electromagnetic or electrical stress,
lightning strikes, or accident;
has been damaged or impaired as a result of using third party hardware, software or firmware;
has no original Ubiquiti MAC label, or is missing any other original Ubiquiti label(s), or is
and carries the brand of a third party that is not UBIQUITI;
has not been installed, operated or maintained in accordance with normal practice and in conformity
recommendations and published specifications of UBIQUITI;
has not been properly installed and used at all times in accordance, and in all material respects,
applicable Product Quick Start Guide and, if applicable, the applicable Product User Guide;
is a UBIQUITI radio product and has not been professionally installed;
or the customer has not followed local country regulations, including operation within legal
output power Dynamic Frequency Selection requirements; or
- has not been received by UBIQUITI within 90 days of issuance of the RMA.
Returns and Product Replacement
No Products will be accepted for replacement without obtaining an RMA number from UBIQUITI during
the warranty period. Any returned Products must be received at UBIQUITI’S facility freight
accordance with the RMA process of UBIQUITI prior
to replacement of any returned Products. Products returned without an RMA number and
without a valid
proof of purchase will not be processed and will be subject to disposal.
Customers may obtain an RMA number at rma.ui.com
by submitting the required information: name, contact information, shipping information, date and proof
of purchase of the Product (we may request a copy of the actual invoice as proof of purchase), problem
MAC address of Product, and troubleshooting actions taken so far. If UBIQUITI determines
in its sole discretion that any of the aforementioned information is false or incorrect or does not
correspond to the Products received, Products will not be replaced and will be subject to disposal or
returned with a customer-provided shipping account number. By submitting an RMA Request, you confirm
your acceptance of all terms in this product warranty.
A replacement Product may be returned to you as the Product was configured when originally purchased.
You are responsible for all back-up, recovery and reinstallation of other software or data.
For customers outside of the United States, the following conditions must also be met or the RMA request
will not be
accepted or fulfilled:
- Unless otherwise prohibited by applicable law, you must use your own shipping account when sending the Product;
The commercial invoice must declare “return for repair” and “no commercial value”; and
Unless otherwise prohibited by applicable law, you must pay for all applicable duties and customs charges for shipment of a Product to and from
You are responsible for compliance with your country’s customs laws and regulations for shipment of a
Product to and from UBIQUITI.
For additional terms and conditions related to returns of new or unused Products purchased from Ubiquiti’s Webstores, please refer to each Webstore’s Terms and Conditions, which may be found on each respective Webstore or on the right-hand panel at https://www.ui.com/legal/termsofservice/.
Limitation of Liability
EXCEPT TO THE EXTENT PROHIBITED BY LOCAL LAW, IN NO EVENT, INCLUDING ACT OF GOD, WILL UBIQUITI OR ITS SUBSIDIARIES,
SUPPLIERS BE LIABLE FOR DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST
DATA, LOSS OF USE, OR DOWNTIME COSTS), ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE
PRODUCT, WHETHER BASED IN WARRANTY, CONTRACT, TORT OR OTHER LEGAL THEORY, AND WHETHER OR NOT ADVISED OF
POSSIBILITY OF SUCH DAMAGES. Further, in no event shall UBIQUITI be responsible for damages or claims of any nature or description relating to system performance, including coverage, customer’s selection of products (including the Products) for customer’s application and/or failure of products (including the Products) to meet government or regulatory requirements. ALL DISPUTES WITH UBIQUITI ARISING IN ANY WAY FROM THIS LIMITED
FROM THE SALE, CONDITION OR PERFORMANCE OF THE PRODUCTS SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND
ARBITRATION AS SET FORTH IN THE APPLICABLE PRODUCT QUICK START GUIDE AND, IF APPLICABLE, THE APPLICABLE
GUIDE, AND NOT BY A COURT OR JURY.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.
This warranty gives you specific legal rights, and you may also have other rights which vary in each jurisdiction.
Arbitration is a form of private dispute resolution in which persons having a dispute agree to
waive their right to file a lawsuit to proceed in court and to a jury trial, and instead agree to
present their dispute to a neutral third party (arbitrator) for binding decision. You have the right
to opt-out of this provision which means that you retain your right to file a lawsuit; to do so, you
must read carefully and follow the directions under the paragraph listed How to Opt Out of
Mandatory Arbitration. Unless you Opt Out of the Mandatory Arbitration, you will be understood
to have agreed to the mandatory arbitration and to the provisions provided below.
Mandatory Arbitration. Please read this carefully. It affects your rights. YOU AND
ANY COMPANY AND ITS RESPECTIVE CORPORATE PARENTS, SUBSIDIARIES,
AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, PERMITTED
ASSIGNS, AND ANY OTHER PARTIES ON WHOSE BEHALF YOU ARE
ACCESSING THE SERVICE OR USING THE PRODUCT AGREE TO ARBITRATION
(EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS
THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR
BELOW, FOR ANY AND ALL DISPUTES, AS DEFINED BELOW. THE TERM
“DISPUTE” MEANS ANY DISPUTE, CLAIM OR CONTROVERSY NOW OR IN THE
FUTURE BETWEEN YOU AND UBIQUITI WHETHER BASED IN
CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT (INCLUDING, BUT
NOT LIMITED TO, FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT,
OR NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND
INCLUDING THE VALIDITY, ENFORCEABILITY OR SCOPE OF THIS PROVISION
(WITH THE EXCEPTION OF THE ENFORCEABILITY OF THE CLASS ACTION
WAIVER CLAUSE BELOW) ARISING OUT OF OR RELATING TO YOUR
PURCHASE, OWNERSHIP AND/OR USE OF THE PRODUCT AND/OR THE
SERVICE ACCOMPANYING THAT PRODUCT. FOR EACH PRODUCT
PURCHASED THIS MANDATORY ARBITRATION PROVISION WOULD APPLY
UNLESS YOU CHOOSE TO OPT- OUT AS DISCUSSED ABOVE. THE TERM
“PRODUCT” INCLUDES THE PHYSICAL PRODUCT PURCHASED AND ANY
SOFTWARE NECESSARY TO OPERATE THAT PRODUCT. “Dispute” is to be given
the broadest possible meaning that will be enforced. Arbitration is more informal than
a lawsuit in court. Arbitration uses a neutral, third-person arbitrator instead of a judge
or jury, allows for more limited discovery than in court, and is subject to very limited
review by courts. Arbitrators can award the same damages and relief that a court can
award. Please visit http://www.iccwbo.org for more information.
How to Opt Out of Mandatory Arbitration. Notwithstanding the above, you or UBIQUITI
may choose to file a lawsuit in court rather than resolving your Dispute
with UBIQUITI by arbitration. You may opt-out of mandatory arbitration if
(a) the Dispute qualifies for small claims court (there are monetary limitations for small
claims court), or (b) YOU OPT OUT OF THESE ARBITRATION PROCEDURES
WITHIN 30 DAYS FROM THE DATE THAT YOU PURCHASE OR OTHERWISE
ACQUIRE THE PRODUCT (the “Opt-Out Deadline”). In order to opt out of mandatory
arbitration, you need to (I) mail written notification to Ubiquiti Inc., Legal
Department, 685 Third Avenue, 27th Floor, New York, New York 10017; or (II) email
written notification to email@example.com. In either case, your written notification must
include: (1) your name, (2) your address, (3) a copy of your receipt or other proof of
purchase, showing the date of purchase, and (4) a clear statement that you do not
wish to resolve disputes with UBIQUITI through arbitration. Your
decision to opt-out of this provision will have no adverse effect on your relationship
with UBIQUITI. Any opt-out request received after the Opt-Out Deadline
will not be valid and you must pursue your Dispute in arbitration or, if the dispute
qualifies, in small claims court.
Pre-Arbitration Claim Resolution: For all Disputes, whether pursued in court or in
mandatory arbitration, you must first give UBIQUITI written notification
and forty-five (45) days to resolve the Dispute. The written notification shall include the
information listed above in the preceding paragraph (b) items (1) -(3) plus (4) a written
description of your Dispute and (5) a written description of the relief you seek. It is to
be sent to the address listed at (I) in the above paragraph. If UBIQUITI
does not resolve the dispute within forty-five (45) days you may pursue your dispute in
arbitration. You may pursue your dispute in a court only under the circumstances
described above in the Opt Out provision.
Commencing Arbitration. A party who intends to seek arbitration must first
send to the other, by a reputable courier with a tracking mechanism, a written
notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing
address provided by you to UBIQUITI, then UBIQUITI
can send to you by any other method available to UBIQUITI
for sending such notice, including via e-mail. The Notice to
UBIQUITI should be addressed to Ubiquiti Inc., 685
Third Avenue, 27th Floor, New York, New York 10017, Attn: Legal
Department (the “Arbitration Notice Address”). The Notice shall include the
information listed above in the preceding paragraph (b) items (1) -(3) plus (4)
a written description of your Dispute and (5) a written description of the relief
you seek (the “Demand”). THE ARBITRATION WILL BE ADMINISTERED
BY THE INTERNATIONAL CENTER FOR DISPUTE RESOLUTION (“ICDR”)
IN ACCORDANCE WITH THE INTERNATIONAL ARBITRATION RULES
(THE “Rules”), AS MODIFIED HEREIN. The Rules are available at
https://www.icdr.org. Except as otherwise set forth herein, if you are required
to pay a filing fee to commence arbitration against UBIQUITI,
then UBIQUITI will, within ten (10) business days of receipt of
your confirmed payment reimburse you for the amount of your confirmed
payment of the filing fee that exceeds the amount of any fees you would be
required to pay if the Demand were filed in federal court in the Southern
District of New York upon UBIQUITI’S receipt of Notice at the
Arbitration Notice Address that you have commenced arbitration along with a
receipt evidencing payment of the filing fee.
Arbitration Proceeding. The arbitration will be conducted in English and a
translator may be utilized at the expense of the party requiring the translation
services. A single independent and impartial arbitrator with his or her primary
place of business in New York, New York will be appointed pursuant to the
Rules. You and UBIQUITI agree to the following rules, which
are intended to streamline the dispute resolution process and reduce the
costs and burdens on the parties: (a) subject to the Rules, the arbitration shall
be conducted online via videoconference, telephonically and/or be solely
based on written submissions- rather than requiring the personal appearance
of the parties- with the specific manner to be mutually agreed upon in writing
by the parties and (b) any judgment on the award rendered by the arbitrator
may be entered in any court of competent jurisdiction.
No Class Actions. YOU AND UBIQUITI AGREE THAT YOU
AND UBIQUITI MAY BRING CLAIMS AGAINST THE OTHER
ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE
ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN
ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER
ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND
THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE,
THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION
WILL BE NULL AND VOID. IF YOU CHOOSE TO PURSUE YOUR
DISPUTE IN COURT BY OPTING OUT OF THIS PROVISION, AS
SPECIFIED ABOVE, THIS CLASS ACTION WAIVER WILL NOT APPLY TO
YOU. NEITHER YOU, NOR ANY OTHER USER OF THE PRODUCT OR
SERVICES CAN BE A CLASS REPRESENTATIVE, CLASS MEMBER, OR
OTHERWISE PARTICIPATE IN A CLASS, CONSOLIDATED, OR
REPRESENTATIVE PROCEEDING WITHOUT HAVING COMPLIED WITH
THE OPT-OUT REQUIREMENTS ABOVE.
Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator
will issue his or her decision within one-hundred and twenty (120) days from
the date the arbitrator is appointed. The arbitrator may extend this time limit
for an additional thirty (30) days in the interests of justice upon written notice
by the arbitrator to You and UBIQUITI at least twenty-one (21)
days prior to the last date to issue his or her decision. Failure to adhere to
this time limit shall not constitute a basis for challenging the arbitration
award. All arbitration proceedings will be closed to the public and
confidential, and all records relating thereto will be permanently sealed,
except as necessary to obtain court confirmation of the arbitration award.
The award of the arbitrator will be in writing and will include a statement
setting forth the reasons for the disposition of any claim. The arbitrator will
apply the laws of the State of New York in conducting the arbitration. You
acknowledge that these terms and your use of the product or service
evidences a transaction involving interstate commerce. The United States
Federal Arbitration Act will govern the interpretation, enforcement, and
proceedings pursuant to this Mandatory Arbitration clause.
Arbitration Award. The arbitrator may award on an individual basis any relief
that would be available pursuant to applicable law, and will not have the
power to award relief to, against, or for the benefit of any person who is not a
party to the proceeding. Such award will be final and binding on the parties,
except for any right of appeal provided by the Federal Arbitration Act, and
may be entered in any court having competent jurisdiction over the parties for
purposes of enforcement.
- Equitable Relief; Punitive Damages.
You acknowledge that, in the event UBIQUITI or a third party
breaches the Mandatory Arbitration clause in this limited warranty, the
damage or harm, if any, caused to you will not entitle you to seek injunctive or
other equitable relief against UBIQUITI, and your only remedy
will be for monetary damages, subject to the limitations of liability set forth in
this limited warranty.
You and UBIQUITI agree that the arbitrator is not
award punitive or other damages not measured by the prevailing party’s
actual damages, subject to the limitations of liability set forth in this limited
Claims. You and UBIQUITI agree that, notwithstanding any other rights
the party may have under law or equity, any cause of action arising out of or related to
this limited warranty, the Product, or the service, excluding a claim for indemnification,
must commence within one (1) year after the cause of action accrues. Otherwise,
such cause of action is permanently barred.
Jury Waiver. You understand and agree that by failing to opt out to this provision you
and UBIQUITI are each waiving the right to a jury trial or a trial before a
judge in public court. In the absence of this provision, you and UBIQUITI
might otherwise have had a right or opportunity to bring Disputes in court, before a
judge or jury and/or to participate or be represented in a case filed in court by others
(including class actions). Except as otherwise provided herein, those rights are
Enforceability. If only paragraph (d)(iii) of this Dispute Resolution section or the
entirety of this Dispute Resolution section is found to be unenforceable, then the
entirety of this Dispute Resolution section will be null and void and, in such case, the
parties agree that the exclusive jurisdiction and venue described in the Governing Law
section of this limited warranty will govern any action arising out of or related to this
this limited warranty, the Product, or the service.
Governing Law; Jurisdiction. This limited warranty shall in all respects be governed by
and interpreted under the laws of the State of New York (without regard to the conflicts
of laws provisions thereof or the UN Convention on the International Sale of Goods).
The parties agree that any judicial proceeding to resolve claims relating to these
Terms or the Services will be brought in the courts of New York, county and city of
Manhattan, or the U.S. District Court for the Southern District of New York, subject to
the mandatory arbitration provisions in this limited warranty. Both you and UBIQUITI
consent to venue and personal jurisdiction in such courts; provided,
however, that UBIQUITI reserves the right to institute proceedings
against you in the courts having jurisdiction in the places where you reside, do
business, have assets, or in any jurisdiction where a harm to UBIQUITI is
occurring or has occurred. In any action or proceeding to enforce rights under this
limited warranty, the prevailing party will be entitled to recover costs and attorney’s
fees. Notwithstanding anything herein (including the mandatory arbitration provision
above), in the event you infringe or misappropriate any of UBIQUITI’S
intellectual property rights, UBIQUITI is entitled to seek any permanent
or temporary remedies (including, without limitation, compensation for damages,
ceasing of infringement act, injunctive reliefs) against You in accordance with the
applicable laws of your resident country or the jurisdiction where such infringing act
Some countries, states and provinces do not allow exclusions or limitations of implied warranties or
of limitation of liability for incidental or consequential damages, so the above exclusion may not apply
to you. You
may have other rights that vary from country to country, state to state, or province to province. EXCEPT
EXTENT ALLOWED BY LOCAL LAW, THESE WARRANTY TERMS DO NOT EXCLUDE, RESTRICT OR MODIFY, AND ARE IN
ADDITION TO, THE
MANDATORY STATUTORY RIGHTS YOU MAY HAVE. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE
LAWS OF YOUR
STATE, PROVINCE, OR COUNTRY. The United Nations Convention on Contracts for the International Sale of
not apply to any transactions regarding the sale of the Products.
1 Official Ubiquiti webstores may be accessed via https://store.ui.com/ or https://store.amplifi.com/.
Copyright © 2020 Ubiquiti Inc. All rights reserved.