Limited Product Warranty

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Limited Product Warranty

 

Limited Product Warranty

Kleverness, Inc.

340 S Lemon Avenue #2291

Walnut, CA, 91789 USA

Warranty Effective as of October 2019

THIS LIMITED PRODUCT WARRANTY (“LIMITED WARRANTY”) CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

  1. Limited Warranty Coverage. Kleverness, Inc., a Delaware corporation (“Kleverness”) warrants to the owner of the enclosed Kleverness branded product contained in this box (the “Product”), that the Product will be free from defects in material and workmanship under normal use for a period of one (1) year from the date of delivery following the original retail purchase of the Product (the “Warranty Period”).  If the Product fails to conform to the Limited Warranty, Kleverness will, at its option and sole discretion, either: (a) repair or replace any defective Product (or component thereof); or (b) accept the return of the Product and refund the purchase price actually paid by the original purchaser for the Product.  Repair or replacement may be made with a new or refurbished product or components, at Kleverness’ sole discretion. If the Product or a component incorporated within it is no longer available, Kleverness may, at Kleverness’ sole discretion, replace the Product with a similar product of similar function.  The foregoing states your sole and exclusive remedy, and Kleverness’ sole and exclusive obligation, for breach of this Limited Warranty.  Any Product that has either been repaired or replaced under this Limited Warranty will be covered by the terms of this Limited Warranty for the longer of (i) ninety (90) days from the date of delivery of the repaired Product or replacement Product, or (ii) the remaining Warranty Period.  This Limited Warranty extends only to the original purchaser (and not to any subsequent purchasers or third parties).
  2. How to Make a Claim; Warranty Conditions and Obligations. To make a claim under this Limited Warranty, the owner of the Product must (a) contact Kleverness at hello@kleverness.com during the Warranty Period to provide notice of your warranty claim and describe the alleged failure, and (b) comply with Kleverness’ return shipping instructions and other reasonable requirements in connection with such claim, including, without limitation, obtaining a RMA from Kleverness.  Kleverness will have no warranty obligations with respect to a returned Product if it determines, in its reasonable discretion after examination of the returned Product, that the Product is an Ineligible Product (defined below in Section 3). Kleverness will bear all costs of return shipping to owner and will reimburse any shipping costs incurred by the owner, except with respect to any Ineligible Product, for which the owner will bear all shipping costs.
  3. Exclusions to the Limited Warranty. This Limited Warranty does not cover the following (“Ineligible Products”): (a) Products that have been subject to: (i) modifications, alterations, tampering, or improper maintenance or repairs; (ii) handling, storage, installation, testing, or use not in accordance with any applicable installation and/or user guides, manuals or documentation for the Product, or other instructions provided by Kleverness; (iii) abuse or misuse of the Product; (iv) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; and/or (v) acts of God, including but not limited to lightning, flood, tornado, earthquake, or hurricane; (b) any non-Kleverness branded hardware products, even if packaged or sold with Kleverness hardware; (c) consumable parts, including batteries, unless damage is due to defects in materials or workmanship of the Product, or software (even if packaged or sold with the Product); or (d) Products marked as “sample” or “Not for Sale”, or sold “AS IS”.
  4. Disclaimer. EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KLEVERNESS DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KLEVERNESS ALSO LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY.
  5. Limitation of Damages. IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL KLEVERNESS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, OR FOR ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE PRODUCT, AND KLEVERNESS’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY OR THE PRODUCT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PRODUCT BY THE ORIGINAL PURCHASER.
  6. Limitation of Liability. THE KLEVERNESS SERVICES PROVIDED THROUGH THE MOBILE AND ONLINE WEB APPLICATIONS (THE “SERVICES”) PROVIDE YOU INFORMATION (“PRODUCT INFORMATION”) REGARDING YOUR PRODUCTS AND/OR YOUR LIGHTBULBS, APPLIANCES, AND/OR ANY OTHER THIRD PARTY PRODUCTS OR APPLICATIONS CONNECTED TO YOUR PRODUCTS (COLLECTIVELY, “CONNECTED PRODUCTS”).  THE TYPE OF CONNECTED PRODUCTS THAT MAY BE CONNECTED TO YOUR PRODUCT MAY CHANGE FROM TIME TO TIME.  WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, ALL PRODUCT INFORMATION IS PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND “AS AVAILABLE”. KLEVERNESS DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION WILL BE AVAILABLE, ACCURATE, OR RELIABLE. YOU USE ALL PRODUCT INFORMATION, THE SERVICES, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND KLEVERNESS DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICITY, RESIDENCE, PRODUCT, CONNECTED PRODUCT, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS, PROPERTY AND PETS IN YOUR RESIDENCE, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, SERVICES, OR PRODUCT.  PRODUCT INFORMATION PROVIDED BY THE SERVICES IS NOT INTENDED AS A SUBSTITUTE FOR DIRECT MEANS OF OBTAINING THE INFORMATION. FOR EXAMPLE, A NOTIFICATION PROVIDED THROUGH THE SERVICE IS NOT INTENDED AS A SUBSTITUTE FOR AUDIBLE AND VISIBLE INDICATIONS FROM THE PRODUCT.
  7. Your Consumer Rights and Remedies. This Limited Warranty gives you specific legal rights. You may also have other legal rights that vary by state, province, or jurisdiction. Likewise, some of the limitations in this Limited Warranty may not apply in certain states, provinces or jurisdictions. The terms of this Limited Warranty will apply to the extent permitted by applicable law. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction and you may wish to contact a relevant consumer advisory service.