Warranty – the smart plugs have a warranty of 1 year.
A defective smart plug must be returned to GFI Notify within 1 year after the purchase date for a replacement with a new plug for the remainder of the 1-year period.
Return shipping is at the user’s expense. Returns must be sent to: Hazeltine Investments LLC, 3623 Crossings Dr STE 292, Prescott, AZ 86305. If user is not satisfied with the GFI Notify system, he or she may return any smart plugs to the company at their expense and state that they no longer intend to use GFI Notify. When the smart plugs are received by the company, the user will receive a full refund of all money paid. Such request for a full refund for lack of satisfaction must be within 365 days after date of order.
A paid user of the GFI Notify App is entitled to one download of GFI Notify. However, there can be up to three cell phone numbers and up to three email addresses designated to receive notifications when power is lost and restored to the smart plug(s). The words “GFI Notify” and the GFI Notify logo are trademarked. The entire GFI Notify process utilizing SmartPlugs and the GFI Notify software is protected by 2 patents.
The GFI Notify software is fully protected by copyright and patent laws and may not be copied, modified, redistributed or reused without the express permission of Hazeltine Investments, LLC., d/b/a GFI Notify Systems.
DISCLAIMER The purpose of GFI Notify is to send notifications to user-designated cellphones and email addresses within 5 – 7 minutes when electrical power to a smart plug is lost, generally due to the tripping of a GFI outlet. Notifications are also sent when power is restored. The notifications are particularly important to receive when the user is away from the premises where the smart plug is installed. It is envisioned that appliances such as freezers or refrigerators or other non-critical devices would be plugged into a GFI circuit. It is recommended that critical devices that are health-related or that have commercial significance never be plugged into GFI circuits unless otherwise required by law.
As a condition of purchase, you and GFI Notify agree to attempt to resolve any dispute in good faith and, if that is not successful, agree to submit the dispute to binding arbitration in AZ. In any case, you agree that the maximum liability of GFI Notify shall be limited to the total amount of money paid to GFI Notify.
The Company, Hazeltine Investments, LLC, d/b/a GFI Notify Systems, although it has very high confidence in its GFI Notify System, states that there are things that are not under its total control. Therefore, it disclaims all warranties and representations, whether express, implied, statutory of otherwise, with respect to the products, meaning hardware and software being purchased, including without limitation any warranty of merchantability or fitness for a particular purpose. In no event shall the Company be liable for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages arising out of the use, maintenance, or operation of the products. Customer is purchasing GFI Notify “as is” and is responsible for the periodic testing and maintenance of all smart plugs and the GFI Notify App and all items purchased from GFI Notify Systems.
Furthermore, the Company is selling the products manufactured by Gosund. The GFI Notify system requires the installation of the Gosund (GFI Notify branded) smart plugs according to provided instructions.
If you have any questions, please call 1-844-434-6839.
Terms & Conditions for the sale of GFI NOTIFY PRODUCTS
- These terms and conditions of sale (these “Terms”) are the only terms that govern the sale of SmartPlugs and the sale of the license to use the GFI Notify software application (the “GFI Notify App”) by Hazeltine Investments, LLC (“Seller”) to the original purchaser (“Customer”) of Products (as defined herein) in connection with the GFI Notify system and process using SmartPlugs and the GFI Notify App. The SmartPlugs, GFI Notify App and services provided by Seller in connection the GFI Notify system are referred to herein as the “Products.” Notwithstanding anything herein to the contrary, if a written contract signed by both parties is in existence covering the sale of the Products covered hereby, the terms and conditions of said contract shall prevail to the extent they are inconsistent with these Terms. The GFI Notify App may be subject to separate end user license terms and conditions.
- These Terms comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. These Terms prevail over any of Customer’s general terms and conditions of purchase regardless of whether or when Customer has submitted its purchase order or such terms. Fulfillment of Customer’s order does not constitute acceptance of any of Customer’s terms and conditions and does not serve to modify or amend these Terms.
- The Products will be delivered within a reasonable time after the receipt of Customer’s purchase order, subject to availability of finished Products. Seller shall not be liable for any delays, loss, or damage in transit.
- Unless otherwise agreed in writing by the parties, Seller shall deliver the SmartPlugs to the address provided in writing by Customer (the “Delivery Point”) using Seller’s standard methods for packaging and shipping such SmartPlugs. Customer shall take delivery of the SmartPlugs immediately upon their delivery to the Delivery Point. If necessary, Customer shall be responsible for all loading costs and provide equipment and labor reasonably suited for receipt of the SmartPlugs at the Delivery Point.
- Seller may, in its sole discretion, without liability or penalty, make partial shipments of SmartPlugs to Customer. Each shipment will constitute a separate sale, and Customer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Customer’s purchase order.
- The quantity of any installment of SmartPlugs as recorded by Seller on dispatch from Seller’s place of business is conclusive evidence of the quantity received by Customer on delivery unless Customer can provide conclusive evidence proving the contrary.
- The Seller shall not be liable for any non-delivery of SmartPlugs (even if caused by Seller’s negligence) unless Customer gives written notice to Seller of the non-delivery within Five (5) days of the date when the SmartPlugs would in the ordinary course of events have been received.
- Any liability of Seller for non-delivery of the SmartPlugs shall be limited to replacing the SmartPlugs within a reasonable time or adjusting the invoice respecting such SmartPlugs to reflect the actual quantity delivered.
- GFI Notify. A paid user of the GFI Notify App is entitled to one download of GFI Notify. However, there can be up to three cell phone numbers and up to three email addresses designated to receive notifications when power is lost and restored to the smart plug(s). The words “GFI Notify” and the GFI Notify logo are trademarks of Seller. The entire GFI Notify process utilizing SmartPlugs and the GFI Notify software is protected by two (2) patents. The GFI Notify software is fully protected by copyright and patent laws and may not be copied, modified, redistributed or reused without the express written permission of Hazeltine Investments, LLC d/b/a GFI Notify Systems. The purpose of GFI Notify is to send notifications to user-designated cell phones and email addresses within Five to Seven minutes of the time electrical power to a smart plug is lost, generally due to the tripping of a GFI outlet. Notifications are also sent when power is restored. It is intended that appliances such as freezers or refrigerators, and other non-critical devices, will be lugged into a GFI Circuit. It is recommended that critical devices, such as those with health or commercial significance, never be plugged into GFI Circuits unless otherwise required by law, and Seller hereby DISCLAIMS ANY AND ALL LIABILITY ARISING FROM THE UTILIZATION OF GFI CIRCUITS OR THE GFI NOTIFY SYSTEM IN RELATION TO SUCH CRITICAL DEVICES.
- Title and Risk of Loss. Title and risk of loss pass to Customer upon delivery of the SmartPlugs at the Delivery Point. As collateral security for the payment of the purchase price of the Products, Customer hereby grants to Seller a lien on and security interest in and to all of the right, title, and interest of Customer in, to, and under the Products, wherever located, and whether now existing or hereafter arising or acquired from time to time, and in all accessions thereto and replacements or modifications thereof, as well as all proceeds (including insurance proceeds) of the foregoing. The security interest granted under this provision constitutes a purchase money security interest under the Arizona Uniform Commercial Code.
- Amendment and Modification. These Terms may only be amended or modified in a writing which specifically states that it amends these Terms and is signed by an authorized representative of each party.
- Inspection and Rejection of Nonconforming SmartPlugs.
- Customer shall inspect the SmartPlugs upon receipt (“Inspection Period”). Customer will be deemed to have accepted the SmartPlugs unless it notifies Seller in writing of any Nonconforming Goods (as defined herein) during the Inspection Period and furnishes such written evidence or other documentation as required by Seller. “Nonconforming Goods” means only the following: (i) product shipped is different than identified in Customer’s purchase order; or (ii) product’s label or packaging incorrectly identifies its contents.
- If Customer timely notifies Seller of any Nonconforming Goods, Seller shall, in its sole discretion, (i) replace such Nonconforming Goods with conforming SmartPlugs, or (ii) credit or refund the Price for such Nonconforming Goods, together with any reasonable shipping and handling expenses incurred by Customer in connection therewith. Customer shall ship, at its expense and risk of loss, the Nonconforming Goods to Seller’s facility located at 9739 N. American Ranch Road, Prescott, AZ 86305. If Seller exercises its option to replace Nonconforming Goods, Seller shall, after receiving Customer’s shipment of Nonconforming Goods, ship to Customer, at Customer’s expense and risk of loss, the replaced SmartPlugs to the Delivery Point.
- Customer acknowledges and agrees that the remedies set forth in Section 7(b) are Customer’s exclusive remedies for the delivery of Nonconforming Goods. Except as provided under Section 7(b), all sales of SmartPlugs to Customer are made on a one-way basis and Customer has no right to return SmartPlugs purchased under this Agreement to Seller.
- Payment Terms. Customer shall pay for all Products at the time the Customer places an order.
- Limited Warranty.
- Seller warrants to Customer that for a period of one (1) year from the date of shipment of the Products (“Warranty Period”), that such Products will materially conform to Seller’s published specifications in effect as of the date of manufacture and will be free from material defects in material and workmanship. If Customer is not satisfied with the Products, he or she may return them to Seller’s facility at 9739 N. American Ranch Road, Prescott, AZ 86305, at Customer’s sole expense, along with a statement that they no longer intend to utilize the Products or their related systems. Upon receipt by Seller of the Products, Seller shall provide Customer with a full refund of the price paid therefor.
- EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 9(a), SELLER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS, INCLUDING ANY (i) WARRANTY OF MERCHANTABILITY; OR (ii) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
- THE REMEDIES SET FORTH IN SECTION 7 SHALL BE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND SELLER’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 9(a).
- Limitation of Liability.
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS STATED IN THE FOREGOING LIMITED WARRANTY OR OTHER WARRANTY APPLICABLE TO THE PRODUCTS, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE PRODUCTS AND INCIDENTAL SERVICES PROVIDED, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SELLER DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. SELLER NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON PURPORTING TO ACT ON ITS BEHALF TO MODIFY OR TO CHANGE ANY WARRANTY APPLICBLE TO A PRODUCT OR SERVICE, NOR TO ASSUME FOR IT ANY OTHER WARRANTY OR LIABILITY CONCERNING ANY PRODUCTS. SOME JURISDICTIONS DO NOT ALLOW THE FOREGOING EXCLUSIONS AND LIMITATIONS. IN SUCH AN EVENT, SUCH EXCLUSION AND LIMITATION WILL NOT APPLY SOLELY TO THE EXTENT PROHIBITED BY APPLICABLE LAW, AND THE DURATION OF ANY IMPLIED WARRANTIES WILL BE LIMITED TO THE DURATION OF THE FOREGOING LIMITED WARRANTY.
- IN NO EVENT SHALL SELLER BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
- IN NO EVENT SHALL SELLER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO SELLER FOR THE PRODUCTS SOLD HEREUNDER.
- The limitation of liability set forth in Section 10(a) above shall not apply to (i) liability resulting from Seller’s gross negligence or willful misconduct and (ii) death or bodily injury resulting from Seller’s acts or omissions.
- Compliance with Law. Customer shall comply with all applicable laws, regulations, and ordinances. Customer shall maintain in effect all the licenses, permissions, authorizations, consents, and permits that it needs to carry out its obligations under this Agreement.
- Manufacturer’s Installation Instructions. Some Products sold by Seller, including without limitation SmartPlugs, are manufacturer by third-party manufacturers, including without limitation, Meross and Gosund. Customer shall utilize the Products in accordance with the instructions provided by third-party manufacturers for use of the same.
- Termination. In addition to any remedies that may be provided under these Terms, Seller may terminate this Agreement with immediate effect upon written notice to Customer, if Customer: (i) fails to pay any amount when due under this Agreement; (ii) has not otherwise performed or complied with any of these Terms, in whole or in part; or (iii) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.
- Waiver. No waiver by Seller of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Seller. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement operates or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
- Confidential Information. All non-public, confidential or proprietary information of Seller, including but not limited to specifications, samples, patterns, designs, plans, drawings, documents, data, business operations, customer lists, pricing, discounts, or rebates, disclosed by Seller to Customer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential” in connection with this Agreement is confidential, solely for the use of performing this Agreement and may not be disclosed or copied unless authorized in advance by Seller in writing. Upon Seller’s request, Customer shall promptly return all documents and other materials received from Seller. Seller shall be entitled to injunctive relief for any violation of this Section. This Section does not apply to information that is: (a) in the public domain; (b) known to Customer at the time of disclosure; or (c) rightfully obtained by Customer on a non-confidential basis from a third party.
- Force Majeure. No party shall be liable or responsible to the other party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations of Customer to make payments to Seller hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the impacted party’s (“Impacted Party”) reasonable control, including, without limitation, the following force majeure events (“Force Majeure Event(s)”): (a) acts of God; (b) flood, fire, earthquake, pandemic, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or actions; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns, or other industrial disturbances; (h) shortage of adequate power or transportation facilities; and (i) other similar events beyond the reasonable control of the Impacted Party. The Impacted Party shall give notice within Ten days of the Force Majeure Event to the other party, stating the period of time the occurrence is expected to continue. The Impacted Party shall use diligent efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. The Impacted Party shall resume the performance of its obligations as soon as reasonably practicable after the removal of the cause. In the event that the Impacted Party’s failure or delay remains uncured for a period of Ten consecutive days following written notice given by it under this Section 16, either party may thereafter terminate this Agreement upon Five days’ written notice.
- Assignment. Customer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Seller. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Customer of any of its obligations under this Agreement.
- Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.
- No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
- Governing Law. All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Arizona without giving effect to any choice or conflict of law provision or rule (whether of the State of Arizona or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of
- Dispute Resolution. Customer agrees that in the event of any dispute related to or arising from the terms of this Agreement, Customer shall first attempt in good faith to informally resolve such dispute with Seller. In the event such informal resolution is unsuccessful, the dispute shall be submitted to arbitration before the American Arbitration Association located in Arizona. Any legal suit, action, or proceeding arising out of or relating to this Agreement, including those to enforce any arbitration award, shall be instituted in the federal courts of the United States of America or the courts of the State of Arizona in each case located in the City of Arizona and County of Arizona, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.
- Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth on the face of the Sales Confirmation or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.
- Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.