Limited Warranty to End-Use Purchaser
Intelino products, as supplied and distributed by Innokind, Inc., or it's official distributors and retail partners, and delivered new, in the original packaging to the original end-use purchaser or the person receiving the product as a gift, is warranted by Innokind, Inc. against manufacturing defects in materials and workmanship for a period of 12 months (24 months EU). During the warranty period, we will, at our sole discretion, repair or replace this product at no charge with new or refurbished replacement parts within a reasonable period of time. Innokind, Inc. will not pay or be responsible for any shipping, insurance or transportation charges from you to us, or any import fees, duties and taxes.
Exclusions and Limitations
This warranty covers the normal and intended use of intelino products. It applies only to the hardware product “intelino” manufactured by or for Innokind, Inc. that can be identified by the "intelino" trademark, trade name or logo affixed to it. The Limited Warranty does not apply to any non-intelino hardware product or any software, even if packaged or sold with the intelino hardware product. Refer to the software license agreement accompanying the software for details of your rights with respect to its use.
Innokind, Inc. does not warrant that the operation of intelino products will be uninterrupted or error-free. Innokind, Inc. is not responsible for damage arising from failure to follow instructions relating to intelino’s use. This warranty does not apply to:
Consumable parts, such as batteries, protective coatings or decals designed to diminish over time unless failure has occurred due to a defect in materials or workmanship;
- Damage caused by inadequate packing or shipping conditions;
Damage caused by use with non-intelino products;
Damage caused by improper use or maintenance, accidents, misuse, abuse, neglect, misapplication, fire, excess moisture, water, lightning or other acts of nature; excessive exposure to contaminants including dirt, lint, dust, food, etc. that may obstruct the normal electro-mechanical function of the product; incorrect electrical line voltage, fluctuations or surges during product charging; defective or malfunctioning USB charge stations and ports; damage caused by improper installation; product alteration or modification; improper or unauthorized repair;
Exterior finish or cosmetic damage;
Damage caused by operating intelino outside the intended uses and operating instructions described by Innokind, Inc.;
Defects caused by normal wear and tear or otherwise due to the normal aging of the intelino product.
THERE ARE NO EXPRESS WARRANTIES OTHER THAN THOSE LISTED AND DESCRIBED ABOVE, AND NO WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, SHALL APPLY AFTER THE EXPRESS WARRANTY PERIOD STATED ABOVE, AND NO OTHER EXPRESS WARRANTY OR GUARANTEE GIVEN BY ANY PERSON, FIRM OR CORPORATION WITH RESPECT TO THIS PRODUCT SHALL BE BINDING ON INNOKIND. EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, INNOKIND IS NOT RESPONSIBLE FOR LOSS OF REVENUE OR PROFITS, FAILURE TO REALIZE SAVINGS OR OTHER BENEFITS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION, LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA, OR ANY OTHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES CAUSED BY THE USE, MISUSE OR INABILITY TO USE THIS PRODUCT, OR ANY BREACH OF ANY WARRANTY OR CONDITION REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, AND EVEN IF INNOKIND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOR SHALL RECOVERY OF ANY KIND AGAINST INNOKIND BE GREATER IN AMOUNT THAN THE PURCHASE PRICE OF THE INTELINO PRODUCT. WITHOUT LIMITING THE FOREGOING, PURCHASER ASSUMES ALL RISK AND LIABILITY FOR LOSS, DAMAGE OR INJURY TO PURCHASER AND PURCHASER'S PROPERTY AND TO OTHERS AND THEIR PROPERTY ARISING OUT OF THE USE, MISUSE OR INABILITY TO USE THIS PRODUCT SOLD BY INNOKIND NOT CAUSED DIRECTLY BY THE GROSS NEGLIGENCE OF INNOKIND. THIS LIMITED WARRANTY SHALL NOT EXTEND TO ANYONE OTHER THAN THE ORIGINAL PURCHASER OF THIS PRODUCT, IS NONTRANSFERABLE AND STATES YOUR EXCLUSIVE REMEDY.
Some states or countries do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages, 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, which vary from state to state or country to country.
Governing Law and Arbitration
This Limited Warranty shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any claim or dispute in connection with this Limited Warranty shall be resolved in a cost effective manner through binding non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules:
The arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration;
The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and
Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
If the foregoing arbitration clause does not apply for any reason, you agree to submit to the personal jurisdiction of the state courts located within Los Angeles County, CA and the federal courts in Los Angeles, CA for the purpose of litigating all such claims or disputes, which courts shall have exclusive jurisdiction of such claims or disputes. Notwithstanding the foregoing, Innokind may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.