INTRODUCTION TO THE LIMITED PRODUCT WARRANTY
For the purposes of this Warranty, as defined below, please note the geographic territory to which such Warranty is applicable:
“INFACO” as used herein, shall mean INFACO USA, Inc., from which the original consumer purchased the product and for which this Warranty is being sought.
“Jurisdiction” shall mean the fifty states of the United States and the District of Columbia only, not including any other U.S. territories, commonwealths, possessions or protectorates (“USA”), as applicable to the purchaser of Electrocoup F3010 (hereinafter “Product” or “Products”).
TERMS OF LIMITED PRODUCT WARRANTY COVERAGE
INFACO provides the limited Product Warranty coverage as further described below and limited to the terms and conditions hereof:
1. INFACO hereby provides a limited non-transferable Product Warranty for one (1) year from the date of purchase of the Product against defects in Product materials or workmanship. The Warranty is extended to three (3) years for the gearmotor and to five (5) years for the battery under the terms conditions set forth below (collectively the “Warranty”). This Warranty is offered on the Product, purchased and used in the USA by the consumer and is the sole and exclusive Product Warranty provided by INFACO in the USA.
2. The Warranty commences on the date of Product purchase in the USA by the consumer and ceases on the first year anniversary date of such Product purchase, except for the gearmotor whose Warranty ceases on the third anniversary, and for the battery whose Warranty ceases on the fifth anniversary as set forth in Paragraph 6 (collectively “Warranty Period”).
3. In the event the Warranty Period for a Product has expired, or if a Product does not qualify for Warranty service, repair or replacement, consumers may still buy replacement parts or have Products repaired by one of INFACO’s authorized Electrocoup repairer (“Authorized Service Provider”). Please contact INFACO for further information.
4. Any repair made by an Authorized Service Provider to the Product under the Warranty does not extend the Warranty Period.
5. The Warranty Period may be extended an additional one (1) year if the consumer enters into an annual maintenance agreement in writing with INFACO under terms and conditions offered by INFACO from time to time.
6. The lifetime of the battery is normally five (5) consecutive years, if the Product is serviced regularly during said period. If the battery does not remain operational for five (5) years even though the Product has been regularly serviced, INFACO will cover a portion of the cost of the replacement battery based on the total cost of the replacement battery multiplied by the number of years of use of the old battery and divided by 5.
EFFECT OF THE PRODUCT WARRANTY
1. Within the Warranty Period, INFACO may, at its sole discretion, either repair the Product with new parts or replace the Product entirely, at no additional charges to consumer.
2. Only INFACO or INFACO-authorized accessories and replacement parts should be sought for use by consumer for any Product as the use of other non-INFACO or non-authorized accessories and replacement parts voids any Warranty applicable to such Product.
3. All exchanged or substituted parts and Products replaced under Warranty service will become the property of INFACO. Repaired or replaced Products or parts thereof will be warranted by INFACO for the balance of the original Warranty Period.
PRODUCT WARRANTY LIMITATIONS
1. INFACO’s obligation to the consumer with regard to the Warranty for any Product is limited to the repair or replacement of any defective Product or parts pursuant to the terms and conditions of the Warranty.
2. This Warranty is only valid for Products purchased and used in the USA and shall not extend to any Products not purchased in the USA.
3. This Warranty expressly excludes any defects or damages caused by accessories, replacement parts or repair service other than those that have been authorized by INFACO and handled by an Authorized Service Provider.
4. No other warranties, express or implied, are made by INFACO or are authorized to be made on behalf of INFACO by any retailer, agent, distributor, or other party with respect to any Product to any consumer or other party.
5. The Warranty shall be rendered null and void, and of no further force or effect, providing no Warranty coverage with regard to a Product for each of the following, without limitation:
Products requiring maintenance or replacement due to normal wear and tear, corrosion, rust, stain, age or Product damaged due to any improper or discouraged use, mishandling, negligence, excessive wear and tear, including damages caused by maintaining, operating or using the Product in a manner not in accordance with or not contemplated by the instruction manual provided by INFACO with the Product, or by otherwise failing to follow safety, operating, care or cleaning and annual servicing instructions;
Product where the model number or serial number has been removed, replaced, altered or rendered illegible:
Product which have been altered, modified and repaired in any way not expressly authorized in the instruction manual provided by INFACO with the Product or by any party not authorized by INFACO as an Authorized Service Provider; Defects attributable to non-manufacturer defects such as mishandling during transportation, drops, spills and extreme temperature;
Cosmetic damage (examples include but are not limited, to scratches, cracks and dents);
Product that has been damaged directly or indirectly from the use of a third party product;
Product damaged as a result of acts of nature e.g. fire, flood, or lightning;
Product, including the battery, damaged as a result of connection to irregular current or voltage sources, or use on electric or other current or voltage other than that marked on the Product, or any instruction manual;
Product for which a consumer has not provided a properly completed warranty card to INFACO or for which the Warranty Period has expired;
Product not purchased from INFACO or through an INFACO-authorized distributor or Product reseller (for example non-authrorized sellers online, at auction, or otherwise, such as, without limitation eBay).
WARRANTY DISCLAIMERS AND ACKNOWLEDGEMENTS
1. NONE OF INFACO, OR ITS PARENT OR OTHER HOLDING COMPANIES, SUBSIDIARIES, AFFILIATES, AUTHORIZED DISTRIBUTORS AND RETAILERS AND AUTHORIZED SERVICE PROVIDERS, OR ANY OFFICERS, DIRECTORS, AGENTS, OR EMPLOYEES THEREOF, SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES (For illustrative purposes only, as examples, including without limitation, damages or losses from travel, lost time, damages for loss of revenue, business, profits, goodwill or contracts, business interruption, or any other pecuniary loss, any costs, expenses or other claims for compensation howsoever resulting from such loss), MALFUNCTION, OF ANY PRODUCT, OR ANY OTHER LOSS OR DAMAGE ARISING OUT OF ANY BREACH OF THIS WARRANTY FROM THE USE OF THE PRODUCT. WHETHER IN CONTRACT, TORT OR OTHERWISE, RESULTING FROM THE USE, OR MALFUNCTION, OF ANY PRODUCT, OR ANY OTHER LOSS OR DAMAGE ARISING OUT OF ANY BREACH OF THIS WARRANTY FROM THE USE OF THE PRODUCT.
NOTE: Some Jurisdictions do not allow the exclusion or limitation for incidental or consequential damages, or limitations on how long an implied warranty lasts, so the foregoing disclaimer may not apply to those particular Jurisdictions.
2. IT IS UNDERSTOOD AND AGREED BY THE CONSUMER UPON PURCHASE OF A PRODUCT THAT, EXCEPT AS EXPRESSLY STATED HEREIN, INFACO IS NOT MAKING AND HAS NOT AT ANY TIME MADE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OR REPRESENEATIONS AS TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
3. THE CONSUMER ACKNOWLEDGES THAT THE CONSUMER IS INFORMED AND IS AWARE OF HIS/ HER RIGHTS AND OBLIGATIONS UNDER ANY APPLICABLE LOCAL MUNICIPAL AND JURISDICTION LAWS GOVERNING THE PURCHASE AND USE OF THE PRODUCT. THROUGH THIS WARRANTY, INFACO PROVIDES LIMITED AND SPECIFIED RIGHTS WITH REGARD TO THE PRODUCT AND WARRANTY WHICH VARY FROM JURISDICTION TO JURISDICTION AND WHICH ARE NOT OTHERWISE SET FORTH HERE.
4. IF ANY PROVISIONS OF THIS WARRANTY ARE JUDGED TO BE ILLEGAL, INVALID OR UNENFORCEABLE, THE REMAINING PROVISIONS OR THE WARRANTY SHALL CONTINUE IN FULL FORCE AND EFFECT.
WARRANTY CLAIM PROCESS
1. During the Warranty Period, if a Product, or one of its parts, qualifies for replacement or service under the Warranty, INFACO requests that the consumer contact INFACO for further instructions on the Warranty claim process to address the Warranty claim, or repair and/or replace the Product or part.
2. Upon receipt of the Product, INFACO may ship at its cost the replacement or contact the consumer with further information regarding repair of the Product.
3. For additional protection of the Product and secure handling while a Product is being returned for any Warranty repair, INFACO recommends that consumers employ INFACO’s shipping label or a traceable, insured delivery service. INFACO is not responsible for any damage while a Product is in transit or for Products shipped by the consumer that are not delivered to INFACO at the designated Authorized Service Provider. If the Product is not covered by the Warranty, INFACO will return the Product to the consumer at consumer’s sole cost.