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zCover Inc.
Product Warranty
Limited Warranty
zCover Inc. (“zCover”)
warrants its products (the “Product”) against defects in
materials and workmanship under normal use for a period of one (1) year
from the date of purchase by the first consumer purchaser (the “Warranty
Period”). This warranty is not transferable.
If a defect arises and a valid
claim is received by zCover within the Warranty Period, zCover will, in
its sole discretion, either: i) repair the defect at its own charge; ii)
exchange the Product with a new Product; or iii) refund the purchase
price of the Product. A repaired Product and a replacement Product will
either assume the remaining warranty of the Warranty Period of the
original Product or will have a warranty of ninety (90) days from the
date of repair or replacement, whichever is longer. When a Product is
exchanged, the replacement item becomes your property and the replaced
Product must be returned to zCover and becomes the property of zCover.
When a refund is given, you must return the Product for which the refund
is provided to zCover and it becomes the property of zCover.
Exclusions and Limitations
This warranty applies
only to Products manufactured by zCover that can be identified by the
“zCover” trade-mark, trade name or logo affixed to them.
zCover is not
responsible for: (a) any damage sustained by any devices used in
association with the Product, however caused; and (b) damage arising
from failure to follow instructions relating to the Product’s use.
Without limitation, this
warranty does not apply to: (a) damage caused by use of the Product
with a device for which the Product was not intended to be used; (b)
damage caused by accident, abuse, misuse, fire or other external causes
beyond the consumer’s reasonable control; (c) physical damage
caused by cuts or perforations to the Product; (d) damage caused by
regular wear and tear; (e) damage caused by using the Product outside
the permitted or intended uses described by zCover; (f) a Product that
has been modified to alter functionality or capability.
TO THE EXTENT PERMITTED BY LAW,
THIS WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN
LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR
WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW,
ZCOVER SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED
WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN AND
LATENT DEFECTS. IF ZCOVER CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED
WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES
SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS EXPRESS WARRANTY
AND TO REPAIR, REPLACEMENT SERVICE OR REIMBURSEMENT OF THE PURCHASE
PRICE AS DETERMINED BY ZCOVER IN ITS SOLE DISCRETION.
EXCEPT AS PROVIDED IN
THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, ZCOVER IS NOT
RESPONSIBLE FOR DIRECT, INDIRECT, 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 OF THE
PRODUCT OR THE DEVICES WITH WHICH THE PRODUCT IS USED, 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,
LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, OR ANY INDIRECT OR
CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT
OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR
REPRODUCING ANY PROGRAM OR DATA. IN ANY EVENT, ZCOVER’S TOTAL
LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID BY THE CONSUMER FOR
THE PRODUCT.
Consumer Protection Laws
Some jurisdictions do
not allow the exclusion or limitation of incidental or consequential
damages or exclusions or limitations of implied warranties or
conditions, so the above limitations or exclusions may not apply to
you. This warranty gives you specific legal rights, and you may also
have other rights that vary by jurisdiction.
In the event that one or more
provisions of this warranty is inapplicable, invalid, or unenforceable
in your jurisdiction, such provision(s) will be severable from this
warranty, the remainder of which will continue to be in full force and
effect.
The
application of the United Nations Convention on Contracts for the
International Sale of Goods is hereby expressly excluded.
Obtaining Warranty Service
To obtain warranty
service, you must ship the Product, in its original packaging, to zCover
at your own expense. You must also include: (a) a copy of your
receipt, bill of sale or other comparable proof of purchase; (b) a
written description of the problem; and (c) your address and telephone
number.
Should you have any questions or require any further
information, please visit zCover online at
http://www.zcover.com or email:
customercare@zcover.com |