LUIDIA LIMITED GLOBAL WARRANTY
THIS LIMITED WARRANTY IS A CONSUMER EXCLUSIVE AND SOLE REMEDY and applies as follows to Luidia Inc. (“Luidia”) Products (“Product“) purchased by consumers in countries and territories where an authorized retailer, reseller and/or distributor has been appointed (“Dealer”), and which are accompanied by a reference to this Limited Warranty.
Subject to the terms and conditions of this Limited Warranty and in lieu of any other (if any) express warranties, Luidia warrants that under normal use and service, the Products, if used as authorized in accordance with Luidia packaging and documentation, will not have significant defects in materials or workmanship that make the Products unusable.
Length of Coverage
Two (2) years from the date of purchase by the first consumer purchaser of the Product (“Limited Warranty Period”).
As to any defects discovered after the Limited Warranty Period, there is no warranty or condition of any kind. Luidia makes no warranty or representation that the Products will meet any consumer’s specific requirements, that the operation of the Products will be secure, uninterrupted or error free, or that all defects in the Products will be corrected. Luidia makes no warranty, implied or otherwise, regarding the performance or reliability of any third party products (hardware or software). The express warranty stated above is the only express warranty made to the Consumer and is provided in lieu of all other express or implied warranties and conditions (except for any non-disclaimable implied warranties that exist), including any created by any other documentation or packaging. No information or suggestions (oral or in a record) given by Luidia, its agents, affiliates or suppliers or its or their employees or agents, shall create a warranty or condition or expand the scope of this Limited Warranty. This Limited Warranty shall not apply and Luidia has no liability under this Limited Warranty if its testing and examination disclose that the alleged defect or malfunction in the Product does not exist, or results from: (a) misuse, including but not limited to: dropping, exposing to water or extreme environment conditions, or subjecting unit to physical or electrical stress; (b) use, modification and/or repair of the Products not authorized by Luidia; (c) installation and/or combination of the Products with any components or materials not provided or approved for use by Luidia; (d) failure to follow Luidia’s installation, operation, or maintenance instructions; (e) Product is used for commercial purposes (including lease or rental) and/or (f) acts of third parties, acts of God, accident, fire, lighting, power surges or outages, or other hazards.
Who is Covered?
This Limited Warranty extends only to the original user/first consumer purchase (“Consumer”), and is not transferable.
What Will Luidia Do?
Consumers who believe their Products are faulty under this Limited Warranty should contact the authorized service center outlined below. Products will be confirmed to be faulty by Luidia, in its sole judgment, after testing and examination. If a Product is found to be faulty under the terms of this Limited Warranty, Luidia will, at its option, repair, replace or provide a refund for any Product that does not conform to this Limited Warranty. This shall be the Consumer’s sole remedy. Luidia reserves the right to use new or refurbished or serviceably used, comparable in function and performance to the original device, parts, accessories or Products in the warranty process.
How To Obtain Warranty Service or Other Information
If Consumer purchased the Product from a Luidia authorized Dealer, Consumer shall contact the authorized Dealer for information about support and service agreements applicable to Consumer Product.
For information on Luidia service, please contact Equil operators (for more information, please visit http://support.myequil.com/).
To obtain service, you must include:
- A Return Authorization Form obtained from Luidia customer service;
- A copy of your receipt or other proof of purchase;
- Your Product.
What Other Limitations Are There?
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH ABOVE, NEITHER Luidia NOR ITS SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES TO ANY PERSON OR ENTITY WITH RESPECT TO ANY OF THE PRODUCTS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR IN ANY OTHER PROVISION OF THIS NOTICE OR ANY OTHER COMMUNICATION, AND Luidia AND ITS SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTY OR CONDITION OF SECURITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND/OR NONINFRINGEMENT. THERE IS NO WARRANTY OR REPRESENTATION THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED, FAULT-TOLERANT, SECURE OR ERROR-FREE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOLE LIABILITY OF Luidia , AND THE SOLE REMEDY, RELATING TO ANY AND ALL APPLICABLE WARRANTIES SHALL BE, AT Luidia’S OPTION, TO REPAIR THE PRODUCT, REPLACE THE PRODUCT, OR PROVIDE A REFUND FOR THE PRICE PAID TO Luidia FOR THE PRODUCT. NOTHING IN THIS SECTION HALL EXCLUDE OR LIMIT Luidia’S WARRANTY OR LIABILITY FOR LOSSES THAT ARE EXPRESSLY PROHIBITED UNDER APPLICABLE LAW FROM BEING RESTRICTED OR LIMITED AS CONTEMPLATED HEREUNDER. AS SUCH, ONLY THE LIMITATIONS THAT ARE LAWFULLY APPLIED TO CONSUMER IN ITS JURISDICTION WILL APPLY TO IT, AND Luidia’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW TO BE WAIVED, LIMITED OR RESTRICTED BY CONSUMER AS CONTEMPLATED HEREUNDER.
All products that are replaced will become the property of Luidia. Replacement products or parts may be new or reconditioned. Luidia warrants any replaced or repaired product or part for the remainder of the initial warranty period;
Except as otherwise required by legislation in the Consumer’s jurisdiction, costs associated with transport (including packaging) for warranty service shall be at the Consumer’s expense; and Luidia does not provide any warranties regarding any other services provided under this Limited Warranty and disclaims all duties (if any) of workmanlike effort or of negligence regarding such services.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE OR FROM JURISDICTION TO THE OTHER. Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties, or the limitation of incidental or consequential damages, or the limitation of liability for personal injury, or the limitation on the length of an implied warranty, so the above limitations and exclusions may be limited in their application to you and the benefits conferred by this Limited Warranty are in addition to all rights and remedies conveyed by such Consumer protection laws and regulations. Where any term of this Limited Warranty is prohibited by such laws, it shall be null and void, but the remainder of the Limited Warranty shall remain in full force and effect if its allocation of risks is not materially disturbed. When the implied warranties are not allowed to be excluded in their entirety, they will be limited to the duration of the applicable written warranty.
Trademarks and Patents
Equil® and other Product trademarks are trademarks of Luidia and may not be used without permission. Luidia reserves its rights absolutely on any and all of its patents and patents pending globally.
Luidia Inc. Limited Warranty 2014