Fully Covered Terms & Conditions

Legal Contract

This is a legal contract ("Contract"). By purchasing it, you understand that it is such a contract and acknowledge that you have had the opportunity to read the terms and conditions set forth herein. You must retain Your Contract receipt ("Receipt"), which contains information about the term of the contract, the purchase price of the Contract ("Contract Purchase Price"), and the covered goods ("Product(s)"). Unless revised by Us with at least thirty (30) days advance written notice to You, this Contract (including its terms, conditions, limitations, exceptions, and exclusions) and the Receipt constitute the entire agreement, and no representation, promise, or condition not contained herein shall modify these terms. This is not a contract of insurance.

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Definitions

"We," "Us," and "Our" mean the company obligated under this Contract, as follows: Tetra Walls, Inc., 325 Hudson Street, 4th floor, New York, NY 10013. "You" and "Your" mean the individual or entity who purchased this Contract or the individual or entity to whom this Contract was properly transferred. Your name and address are set out on the Receipt.

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What This Contract Covers

This Contract covers the cost of parts and labor to repair or replace Your Product in the event Your Product experiences a mechanical or electrical breakdown due to mechanical or electrical defects during the Term, which is not excluded under 4 (What is Not Covered Under the Contract), and provided that Your Product remains accessible to Us either remotely via installed sensors or in person, if We determine access via sensors is not adequate to maintain Your Product. If We determine that We cannot service Your Product as specified in this Contract, we may at our discretion, repair the Product or replace the Product with a replacement product.

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Replacement parts will be new, rebuilt, or non-original manufacturer's parts that perform to the factory specifications of the product at Our sole option. This Contract covers all shipping charges to authorized service centers during the Term. We will also pay for shipping and handling fees to return the repaired or replacement product to you (if we elect to repair or replace the defective product).

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OUR TOTAL LIABILITY UNDER THIS CONTRACT RELATING TO ALL CLAIMS THAT YOU MAKE PURSUANT TO THIS CONTRACT SHALL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCT.

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A copy of this Contract can be found at www.tetra.com/fully-covered-terms.

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What This Contract Does Not Cover

This section sets out what is not covered by this Contract. That means that We will not provide coverage (whether in the form of the cost of parts and labor, replacement, indemnification, or otherwise) under this Contract for the following:

(a) Damage that is covered by any other warranty or service contracts, insurance policies, or product recalls. Parts and services covered during the manufacturer's warranty period are the sole responsibility of the manufacturer.

(b) Damages caused by pre-existing issues to venting or baseboard, which was not part of Our scope of work.

(c) Damages caused by a third party or unaffiliated service providers.

(d) Damage to goods that (i) have missing or altered serial numbers, or (ii) are being used, or have been used, in a commercial, industrial, or multi-family housing setting.

(e) Damage resulting or arising from:

      (i) unauthorized modifications to the product, including the unauthorized removal, bypass, or disabling of safety features;

       (ii) unauthorized repairs;

       (iii) intentional damage or the misuse or abuse of the product;

       (iv) the introduction of foreign objects into the product;

       (v) Acts of God including flooding, wildfire or other extreme weather events, war, invasion or act of foreign enemy, terrorism, cyberattack, hostilities, civil war, rebellion, strikes, lockouts, labor disturbances, or civil commotion;

       (vi) third-party acts, including theft and vandalism;

       (vii) failure to perform preventative maintenance, as outlined in any accompanying instructional booklets or information, including failure to maintain the sensors that permit Us to monitor the Product.;

       (viii) any cause other than normal use and operation of the Product in accordance with the manufacturer's specifications, instructions, or owner's manual.

(f) Furthermore, this Contract does not cover:

       (i) cosmetic damage;

       (ii) CONSEQUENTIAL AND INCIDENTAL DAMAGES, INCLUDING LOSS OF USE OF THE PRODUCT, LOSS OF BUSINESS OR DOWN-TIME, PROPERTY DAMAGE, OR LOST DATA RESULTING FROM THE FAILURE OF ANY PRODUCT OR FROM DELAYS IN SERVICE OR THE INABILITY TO RENDER SERVICE.

       (iii) consumable parts such as [i.e. batteries, filters];

       (iv) liability for bodily injury, death, or property damage arising out of the use, operation, or maintenance of the Product;

       (v) the cost of government permits or licensing for reinstallation;

       (vi) repairs or replacement outside of the United States; or

       (vii) damage incurred during shipping.

There is no coverage if We determine that Your Product is not damaged (for example, issues that are not product failures, such as poor WiFi or cell signal reception).

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No-Lemon Policy

If We determine that a Product requires a third (3rd) repair for the same problem during any twelve month period during the Term of this Contract, We will, at Our discretion, and subject to the limitations set out in 3, replace the Product with a replacement product. This No-Lemon Policy does not apply to repairs performed while the Product is under the manufacturer's warranty.

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Requesting Service

If Your Product experiences a breakdown or defect, You can file a claim by logging in at https://tetrahs.com/ticket. You may process your claim online 24 hours a day, seven days a week, 365 days a year. We will first attempt to troubleshoot the problem You are experiencing. If We cannot resolve the problem, You will be directed to an authorized service center. All claims must be reported no later than thirty (30) days after expiration of this Contract. You must protect Your Product against further damage pending service.

(a) On-site service. Should there be an issue that renders Your Product not producing heating or cooling, We will schedule a technician for an on-site visit within 24 hours, or as soon as We can reach You. If Your Product is not functioning to the manufacturer specifications, but is producing heating or cooling and We deem an on-site service visit is required, then We will coordinate an on-site visit with an authorized technician that is mutually convenient for You and the authorized technician during normal business hours. If You do not allow our technician on-site or are unresponsive or unwilling to coordinate the service visit then We will not be able to perform the services and, accordingly, this Contract shall be deemed null and void.

(b) Shippable items. Smaller items may be shipped to the specified authorized center for service. We will provide a free prepaid shipping label to Our authorized service center. You are responsible for safe packaging and shipment of Your Product.

Coverage Term

The term of the Contract ("Term") is set out in the Receipt.

Renewal

This Contract is not renewable.

Cancellation by You

You may cancel this Contract at any time for any reason by emailing us at contact@tetra.com.

Cancellation by Us

This Contract may be canceled by Us or the administrator for any reason by notifying You in writing at the address indicated on the Receipt at least thirty (30) days prior to the effective date of cancellation. The notice will state the effective date and reason for cancellation.

Transfer

This Contract is non-transferrable.

Arbitration

Most of Your concerns about the Contract can be addressed by contacting Us at contact@tetra.com. In the event We cannot resolve any dispute relating to this Contract with You, then we both agree that any controversy or claim arising out of or relating to this Contract, or the breach thereof, shall be settled by arbitration before a single arbitrator administered by the American Arbitration Association (the "AAA") in accordance with its Consumer Arbitration Rules. Unless the parties agree otherwise, the arbitration hearing shall be held in the state in which Your Product was purchased. We both give up the right to resolve any controversy or claim arising out of or relating to this Contract in court, whether in front of only a judge, or in front of a judge and a jury. The parties agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Neither the AAA nor the arbitrator shall have the power to consolidate more than one person's claims or to otherwise preside over any form of a representative or class proceeding. A judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

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