This Limited Warranty (“Warranty Policy”) applies to Kalkul 1.1 earphones sold by Kalkul Inc. (“Kalkul”). Kalkul’s warranty obligations are to the original purchaser (“you”) only and are limited to the terms set forth below. This Warranty Policy applies to you if you purchased the Product online through our WEBSITE. Warranty Policies applies to you.
Kalkul provides the following limited warranty to you if you purchased Kalkul 1.1 from Kalkul on Kalkul’s website kalkul.com. Kalkul warrants that the Product(s) will be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of your purchase (“Warranty Period”).
Your sole and exclusive remedies for warranty claims submitted to Kalkul within the Warranty Period pursuant to this Warranty Policy are as follows:
For all Product(s) that fail the above warranty, Kalkul will, at its sole option, either: (i) repair the Product(s); (ii) replace the Product(s) with a new or refurbished Product(s) (replacement Product(s) being of identical model or functional equivalent); and
Any Product(s) that have been repaired or replaced under this Warranty Policy will have warranty coverage for the longer of: (a) ninety (90) days from the date of repair or replacement; or (b) the remaining original Warranty Period. Replacement parts used in the repair of the Product(s) may be new or equivalent to new or refurbished.
To make a warranty claim to Kalkul pursuant to the limited warranty provided herein, you must: (a) contact Kalkul within the Warranty Period at firstname.lastname@example.org; (b) obtain a RMA from Kalkul; and (c) return the Product(s) to Kalkul with proof of purchase from Kalkul as directed by Kalkul to the address specified by Kalkul in connection with the RMA.
This Warranty Policy applies only to Product(s) manufactured by or for Kalkul that are marked with the “Kalkul” trade name or logo and contain a valid Kalkul serial number.
This Warranty Policy does not apply to, and specifically excludes, the following: (a) consumable parts, such as eartips, unless damage has occurred due to a defect in materials or workmanship in the Product(s); (b) normal wear and tear and cosmetic damage, including, but not limited to, scratches, dents and broken plastic; (c) defects or damage caused by misuse, accident (including, without limitation, collision, fire and the spillage of food or liquid), neglect, abuse, alteration, unusual stress, modification, improper or unauthorized repair, installation, wiring, or testing, improper storage, if the serial number has been removed; (d) damage caused by operating the Product(s) outside the permitted or intended uses described by Kalkul; (e) damage caused by use with non-Kalkul products; (f) any non-Kalkul hardware products, even if packaged or sold with the Product(s). Kalkul reserves the right to disable Product(s) if Kalkul suspects fraud or if Kalkul determines that the Product(s) are counterfeit, stolen or lost in shipment.
Kalkul does not warrant that the operation of the Product(s) will be uninterrupted or error-free. Kalkul is not responsible for damage arising from failure to follow instructions relating to the use of the Product(s).
TO THE FULL EXTENT PERMITTED BY LAW, THIS WARRANTY POLICY DOES NOT COVER, AND KALKUL IS NOT RESPONSIBLE FOR: (A) SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS), LOSS OF THE USE OF MONEY, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL, LOSS OF REPUTATION, OR LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR (B) ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED, INCLUDING, BUT NOT LIMITED TO, THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH THE PRODUCT(S) AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT(S). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.
THIS WARRANTY POLICY SETS FORTH THE FULL EXTENT OF KALKUL’S WARRANTY RESPONSIBILITY. THIS WARRANTY POLICY IS PROVIDED IN LIEU OF ALL OTHER EXPRESS, IMPLIED AND STATUTORY WARRANTIES. ALL OTHER WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE ARE SPECIFICALLY EXCLUDED. NO WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WILL APPLY AFTER THE EXPIRATION OF THE WARRANTY PERIOD.
To the extent the foregoing disclaimers are not permitted by applicable law, any implied warranty, including any implied warranty of merchantability or warranty of fitness for a particular purpose, is limited in duration to the Warranty Period as provided herein. Some jurisdictions do not allow limitations on the duration of an implied warranty, so this limitation may not apply to you.