Tailwind iQ3 Garage Door Controller

  1. 1931 Ontario Ltd DBA TAILWIND having its office at 12015 Crowland Avenue, Niagara Falls, Ontario, Canada, L3B 5N4 (“Tailwind”) hereby warrants the iQ3 Garage Door Controller (“Product”) to be free of defects in materials and workmanship, under normal use and service for a period of 1 year from date of purchase. The Product is an electronic device whose misuse is potentially dangerous. The Product is intended to be installed and used strictly according to the provided documentation, and is not compatible with all types of garage doors or garage door controllers.
  2. If the unit should malfunction during this warranty period, it must be returned to the factory for evaluation, freight prepaid. Upon evaluation by Tailwind, if the unit is found to be defective, it will be repaired or replaced at no charge. However, the WARRANTY is VOID if the unit shows evidence of having been tampered with or altered or shows evidence of being damaged as a result of rough handling, excessive corrosion or current, heat, moisture or vibration, pressure, improper specification, misapplication, misuse or other operating conditions outside of Tailwind’s control.
  3. Components in the Product which wear, or which are damaged by moisture, heat, vibration, pressure or misuse, are not warranted. This includes but is not limited to sensors, fuses, relays, and batteries.
  4. Repair or replacement of the defective Products, as provided above, is the sole remedy of the Buyer covered by this warranty and is the complete statement of Tailwind’s liability with respect to the Product. Tailwind shall have no other or further liability with respect to such products, whether in tort, negligence, contract, theory of strict tort liability or other theory. Under no circumstances will Tailwind reimburse the claimant for loss incurred in removing and/or reinstalling equipment.
  5. Tailwind is not responsible for any damages or losses caused to other equipment, whether direct, indirect, incidental, special or consequential, which the purchaser may experience as a result of the installation or use of the Product.
  6. Every precaution for accuracy has been taken in the preparation of manuals and/or software, however, Tailwind neither assumes responsibility for any omissions or errors that may appear nor assumes liability for any damages or losses that result from the use of the Product in accordance with the information contained in the manual or software or third party services or products.
  7. The Product enables a user to control / monitor their garage door(s) over the internet. Buyer understands and agrees that there are risks associated with this and Tailwind, its directors, officers, agents, partners and licensors shall not be liable to buyer or any person claiming through him for any loss or damage of any kind, including but not limited to, personal or bodily injury (including death or disability) or property damage. Buyer shall bear all such risks associated with the use of the Product.
  8. The Product has an auto-open / auto-close features that depend on the buyer’s smart device, GPS, wireless carrier signal, the internet, and Bluetooth signals. These features are designed to automatically open the garage door as the user comes home, and close it as they drive away. Buyer understands and agrees that he should not rely on this auto-close feature every time he drives away since it can occasionally fail due to loss of connectivity. Tailwind, its directors, officers, agents, partners and licensors shall not be liable to Buyer or any person claiming through him for any loss or damage of any kind arising out of or relating to the auto-open / auto close features.
  9. This Product Warranty shall be governed by the laws of the Province of Ontario and of Canada, without regard to any conflict of laws provisions, except that the United Nations Convention on the International Sale of Goods shall not apply. Buyer hereby consents to the exclusive jurisdiction of the Superior Court of Justice in Toronto, Ontario Canada, and that court shall be the exclusive forum for any dispute arising out of this Agreement or the performance of the obligations hereunder.
  10. Failure by a party to complain of any act or failure to act of the other party or to declare the other party in default, irrespective of the duration of such default, will not constitute a waiver of rights hereunder. This Product Warranty will be interpreted solely in the English language, and no translation into any foreign language will have any effect.
  11. There are no warranties except as stated herein. There are no other warranties, expressed or implied, including but not limited to the implied warranties of merchantability and of fitness for a particular purpose.