Limited Warranty: MPOWERD Products
Important information about your rights and obligations, as well as limitations and exclusions that may apply to you.
Your Rights and this Limited Warranty
This warranty gives you specific legal rights and you may also have other rights which may vary from state to state. The disclaimers, exclusions, and limitations of liability under this Limited Warranty will not apply to the extent prohibited 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.
What this Limited Warranty Covers; Period of Coverage
MPOWERD Inc. (“MPOWERD”), 240 Kent Avenue, Suite B18A, Brooklyn, NY 11249, warrants to the owner of genuine MPOWERD product that the product will be free from defects in materials and workmanship for a period of one year (1) from the date of delivery following the original retail purchase (the “Warranty Period”). If the product fails to conform to this Limited Warranty during the Warranty Period, MPOWERD will, at its sole discretion (a) replace any defective product; or (b) accept the return of the product and refund the money actually paid by the original purchaser for the product. If the product is no longer available, MPOWERD may replace the product with a similar product of similar function, at MPOWERD’s sole discretion. This is your sole and exclusive remedy 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 ninety (90) days from the date of delivery or the remaining Warranty Period. This Limited Warranty is transferable from the original purchaser to subsequent owners, but the Warranty Period will not be extended in duration or expanded in coverage for any such transfer.
Total Satisfaction Return Policy
If you are the original purchaser of the product and you are not satisfied with this product for any reason, you may return it in its original condition within thirty (30) days of the original purchase and receive a full refund.
Before being able to claim under this Limited Warranty, the owner of the product must (a) notify MPOWERD of the intention to claim by emailing firstname.lastname@example.org, during the warranty period and providing (a) a description of the alleged failure, (b) an itemized receipt for proof of purchase of the item in the claim, and (c) comply with MPOWERD’s return shipping instructions. The owner will be responsible for shipping costs to ship the product for inspection. If a product is deemed defective after inspection, MPOWERD will provide a replacement and be responsible for shipping costs within the continental United States. In the case of discontinued or limited edition items, MPOWERD will provide a product of equal or greater value. MPOWERD will have no warranty obligations with respect to a returned product if it reasonably determines, in its sole discretion after examination that the product is ineligible (defined below).
What this Limited Warranty does not Cover
This warranty does not cover the following (collectively “ineligible products”): products marked as “sample” or sold “AS IS”; or products that have been subject to: (a) modifications, alterations, tampering, or improper maintenance or repairs; (b) handling, storage, installation, testing, or use not in accordance with the instructions provided by MPOWERD; (c) abuse or misuse of the product; (d) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; or (e) Acts of God, including lightning, flood, tornado, earthquake, or hurricane. This warranty does not cover 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).
DISCLAIMER OF WARRANTIES
EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MPOWERD DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MPOWERD ALSO LIMITS THE DURATION OF ANY IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY.
LIMITATION OF DAMAGES
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL MPOWERD BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE PRODUCT, AND MPOWERD 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.
LIMITATION OF LIABILITY
THE MPOWERD ONLINE SERVICES (“SERVICES”) PROVIDE YOU INFORMATION (“PRODUCT INFORMATION”) REGARDING YOUR MPOWERD PRODUCTS OR OTHER PERIPHERALS CONNECTED TO YOUR PRODUCTS (“PRODUCT PERIPHERALS”). THE TYPE OF PRODUCT PERIPHERALS 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”. MPOWERD DOES NOT REPRESENT, WARRANT OR GUARANTEE THAT PRODUCT INFORMATION WILL BE AVAILABLE, ACCURATE, OR RELIABLE OR THAT PRODUCT INFORMATION OR USE OF THE SERVICES OR PRODUCT WILL PROVIDE SAFETY IN YOUR HOME. YOU USE ALL PRODUCT INFORMATION, THE SERVICES, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND MPOWERD DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICITY, HOME, PRODUCT, PRODUCT PERIPHERALS, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, 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 IN THE HOME AND ON THE PRODUCT, NOR FOR A THIRD PARTY MONITORING SERVICE THAT MONITORS ALARM STATE.
VARIATIONS THAT MIGHT APPLY TO THIS LIMITED WARRANTY
Some jurisdiction does not allow limitations on how long an implied warranty lasts or exclusions/limitations on incidental or consequential damages, so some of the limitations set out above may not apply to you.