ATMOTUBE LIMITED WARRANTY
This Limited Warranty (“Warranty Policy”) applies to Atmotube branded hardware products (“Product(s)”) sold by NotAnotherOne Inc. (“Company”). Company’s warranty obligations are to the original purchaser (“you”) only and are limited to the terms set forth below.
Company provides the following limited warranty to you if you purchased the Product(s) from Company on Atmotube’s website atmotube.com or if you purchased the Product(s) from an authorized reseller. Company warrants that the Product(s) will be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of your purchase (“Warranty Period”).
The warranty also covers:
subject to the exclusions contained below, company warrants the embedded battery against defects in materials and workmanship, under the normal consumer use, for a period of 8 months.
Your sole and exclusive remedies for warranty claims submitted to Company within the Warranty Period pursuant to this Warranty Policy are as follows:
For all Product(s) that fail the above warranty, Company will, at its sole option, either: (i) repair the Product(s); (ii) replace the Product(s) with a new or refurbished Product(s) (replacement Product(s) being of identical model or functional equivalent); or (iii) provide to you a refund in the amount of the price you paid for the Product(s) (excluding taxes and shipping costs); and
Any Product(s) that have been repaired or replaced under this Warranty Policy will have warranty coverage for the longer of: (a) ninety (90) days from the date of repair or replacement; or (b) the remaining original Warranty Period. Replacement parts used in the repair of the Product(s) may be new or equivalent to new or refurbished.
To make a warranty claim to Company pursuant to the limited warranty provided herein, you must: (a) contact Company within the Warranty Period at [email protected]; (b) obtain a RMA from Company; and (c) return the Product(s) to Company with proof of purchase from Company or an authorized reseller as directed by Company to the address specified by Company in connection with the RMA.
Exclusions and Limitations
This Warranty Policy applies only to Product(s) manufactured by or for Company that are marked with the “Atmotube” trade name or logo and contain a valid Product’s serial number.
This Warranty Policy does not apply to, and specifically excludes, the following: (a) consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship in the Product(s); (b) normal wear and tear and cosmetic damage, including, but not limited to, scratches, dents and broken plastic; (c) defects or damage caused by misuse, accident (including, without limitation, collision, fire and the spillage of food or liquid), neglect, abuse, alteration, unusual stress, modification, improper or unauthorized repair, installation, wiring, or testing, improper storage, third-party applications downloaded to the Product(s) or companion applications that connect to and communicate with the Product(s) or if the serial number has been removed; (d) damage caused by operating the Product(s) outside the permitted or intended uses described by Company; (e) damage caused by use with non-Company products; (f) any non-Company hardware products or any software, even if packaged or sold with the Product(s); and (g) modifications of the Product(s) firmware or software by anyone other than Company. Company reserves the right to disable Product(s) if Company suspects fraud or if Company determines that the Product(s) are counterfeit, stolen or lost in shipment.
Company does not warrant that the operation of the Product(s) will be uninterrupted or error-free. Company is not responsible for damage arising from failure to follow instructions relating to the use of the Product(s).
TO THE FULL EXTENT PERMITTED BY LAW, THIS WARRANTY POLICY DOES NOT COVER, AND COMPANY IS NOT RESPONSIBLE FOR: (A) SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS), LOSS OF THE USE OF MONEY, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION, OR LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR (B) ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH THE PRODUCT(S) AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT(S). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
THIS WARRANTY POLICY SETS FORTH THE FULL EXTENT OF COMPANY’S WARRANTY RESPONSIBILITY. THIS WARRANTY POLICY IS PROVIDED IN LIEU OF ALL OTHER EXPRESS, IMPLIED AND STATUTORY WARRANTIES. ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED. NO WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WILL APPLY AFTER THE EXPIRATION OF THE WARRANTY PERIOD.
To the extent the foregoing disclaimers are not permitted by applicable law, any implied warranty, including any implied warranty of merchantability or warranty of fitness for a particular purpose, is limited in duration to the Warranty Period as provided herein. Some jurisdictions do not allow limitations on the duration of an implied warranty, so this limitation may not apply to you.
Governing Law and Disputes
This Warranty Policy and the rights and obligations of the parties will be governed by and construed and enforced in accordance with the laws of the State of California as applied to agreements entered into and to be performed entirely within California between California residents, without regard to conflicts of law principles. The parties expressly agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods will not apply to the Warranty Policy or to their relationship. All disputes arising under or in connection with this Warranty Policy will be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the Rules. The language of the arbitration will be English. The place of the arbitration will be San Francisco, CA. Judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction. All materials in the proceedings created for the purpose of the arbitration, all other documents produced by another party in the proceedings not otherwise in the public domain, and all awards in the arbitration will be deemed “confidential information”, except to the extent that disclosure may be required of a party by legal duty to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. Notwithstanding anything to the contrary above and irrespective of the tribunal’s powers to order interim or conservatory measures, nothing in this Warranty Policy will prevent either party from seeking provisional measures from any court of competent jurisdiction, and no such request will be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate.