The products on this website are provided by IK Multimedia US LLC (“Manufacturer”). As a condition of placing an order for the products, the customer must have read, understood and agreed to the terms and conditions set forth below.
We hope you are happy with your purchase. However, if you are not completely satisfied with your purchase for any reason, you may return it for an exchange only. Please see below for more information on our replacement policy.
Obligations of the end user. Customers agree to a) assume responsibility for ensuring that any products that do not operate in accordance with their specifications are removed from active use; b) immediately remove any products that exhibit signs of malfunction (including reduced and intermittent battery life) from any area where the products are used; c) conduct an inspection of each individual product, before it is released for use, by positioning it in proximity to another device and ensuring that it activates correctly, once in range of another device; and d) train its personnel, or any other potential user of the product under its direction, 1) to use the product in accordance with Manufacturer’s instructions; and 2) to immediately remove any malfunctioning product from active use and report such a malfunction to a supervisor or other person.
Replacement Procedure.Customer shall, no later than 7 days after the product exhibits signs of malfunction, send a warranty claim report to Manufacturer briefly describing the nonconformance of the defective product. Upon receipt of the warranty claim report, Manufacturer shall promptly supply replacement Products free of charge.
Manufacturer’s obligation to replace defective Products shall not apply to any product that has been subjected to neglect or accident caused solely by the customer, its agents or employees in such a manner as to affect adversely its performance, stability or reliability.
Warranties. Manufacturer warrants to customers that for a period of twelve (12) months from the date of shipment of the products ("Warranty Period") such products will materially conform to the specifications set forth in their associated product manual, and will be free from material defects in material and workmanship.
Except for the warranty set forth above, Manufacturer makes no warranty whatsoever with respect to the products, including any (a) warranty of merchantability; (b) warranty of fitness for a particular purpose; or (c) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise.
MANUFACTURER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCT’S ABILITY TO PREVENT, OR REDUCE THE SPREAD OF, ILLNESSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, COVID-19 AND/OR ANY ASSOCIATED RESPIRATORY DISEASES.
Manufacturer shall not be liable for a breach of the warranty if: (i) customer makes any further use of such Products after the Product exhibits signs of malfunction; (ii) the defect arises because customer failed to follow Manufacturer’s written instructions as to the storage, installation, use or maintenance of the Products; or (iii) customer alters or repairs such Products without the prior written consent of the Manufacturer.
Subject to this restriction, with respect to any defective or malfunctioning Products during the Warranty Period, the Manufacturer shall repair or replace such Products. No refunds will be made.
THE REMEDIES SET FORTH IN THIS SECTION SHALL BE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND MANUFACTURER’S ENTIRE LIABILITY FOR ANY BREACH OF LIMITED WARRANTY.
Limitation of Liability.In no event shall Manufacturer be liable for any consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, lost profits, or revenues or diminution in value, arising out of, or relating to, or in connection with any breach of this agreement, regardless of (a) whether such damages were foreseeable, (b) whether or not user was advised of the possibility of such damages, (c) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based, and (d) the failure of any agreed or other remedy of its essential purpose.
IN NO EVENT SHALL MANUFACTURER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO MANUFACTURER FOR THE PRODUCTS SOLD HEREUNDER.
Indemnification. Customers shall indemnify, defend and hold harmless Manufacturer and its officers, directors, employees, agents, affiliates, successors and permitted assigns(collectively, "Indemnified Party") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, fees and the costs of enforcing any right to indemnification under this Agreement and the cost of pursuing any insurance providers, incurred by Indemnified Party, relating to any claim of a third party arising out of or occurring in connection with the products purchased by Customer from Manufacturer or in connection with Customer's negligence, willful misconduct or breach of this Agreement. Customer shall not enter into any settlement purporting to bind any Indemnified Party without such Indemnified Party's prior written consent.
Additional terms & conditions: Entire agreement. These terms and conditions constitute the sole and entire agreement of the Parties with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, regarding such subject matter.
Severability. If any term or provision of these terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision or invalidate or render unenforceable such term or provision in any other jurisdiction; provided, however, that if any fundamental term or provision of these terms is invalid, illegal or unenforceable, the remainder of these terms shall be unenforceable. Upon a determination that any term or provision is invalid, illegal or unenforceable, the Manufacturer shall work in good faith to modify these terms to effect the original intent as closely as possible in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
Amendments. No amendment to or modification of these terms shall be effective unless it is in writing and signed by each Party.
Waiver. No waiver by any party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any rights, remedy, power or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
Successors and Assigns. This Agreement is binding on and inures to the benefit of the Parties to this Agreement and their respective permitted successors and permitted assigns.
Governing Law and Venue. This Agreement will be governed by and construed in accordance with the laws of the State of Florida without giving effect to principles of conflict of laws. Any action or proceeding arising from or relating to this Agreement must be brought in a federal or state court and each party irrevocably submits to the jurisdiction and venue of any such court in any such action or proceeding. If a dispute arising under this Agreement results in litigation, the non-prevailing party shall pay the court costs and reasonable attorneys' fees of the prevailing party.