LIMITED PRODUCT WARRANTY
Pax Bands Ltd dba The Ellu Company LLC (“Ellu”) warrants to the original purchaser that your Ellu-branded device (the “Product”) shall be free from defects in materials and workmanship under normal use for a period of one year from the date of purchase, except that if you reside in the European Economic Area (EEA) and you purchased your Ellu product in the EEA, the warranty period is two years from the date of purchase (the “Warranty Period”).
If a defect arises and a return authorization request is received by Ellu within the applicable Warranty Period, Ellu will, at its option and to the extent permitted by law, either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) replace the Product with a new or refurbished Product. In the event of such a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Product Warranty is valid only in the jurisdictions where the Products are sold by Ellu itself or through an authorized reseller or agent and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement Product will be warranted for the remainder of the original warranty period or thirty days, whichever is longer, or for any additional period of time that may be required by applicable law.
HOW TO OBTAIN WARRANTY SERVICE
To obtain warranty service, a return authorization must be requested from our customer service team. To request a return authorization, please contact Customer Service at firstname.lastname@example.org. The return authorization number must be included along with your returned product. You must deliver the Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by Ellu. As may be required by applicable law, Ellu may require you to furnish proof of purchase details and/or comply with other requirements before receiving warranty service. It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the Product. It is likely that such data, software, or other materials will be lost or reformatted during warranty service, and Ellu will not be responsible for any such loss. For more specific instructions on how to obtain warranty service on your Product, visit the Ellu Product Support website (www.ellucompany.com/support/).
EXCLUSIONS AND LIMITATIONS
Ellu does not warrant that the operation of the Product will be uninterrupted or error-free. This Limited Product Warranty does not cover software embedded in any Product and related services provided by Ellu. See the Ellu Terms of Service for details of your rights with respect to use of the software and related services.
This Limited Product Warranty applies only to the original purchaser of the Product that was purchased from an authorized reseller or sales channel and manufactured by or for Ellu that can be identified by an authorized “Ellu” trademark, trade name, or logo affixed to it. Without limiting the foregoing, the Limited Product Warranty does not apply to any (a) Ellu products and services other than the Products, (b) non-Ellu products, even if included or sold with a Product, including, without limitation, any counterfeit products, (c) products that are, or Ellu reasonably believes to be, stolen, (d) consumables (such as batteries), or (e) software, even if packaged or sold with the Product or embedded in the Product.
This warranty does not apply to a Product or part of a Product that has been serviced, altered, refurbished, or modified by anyone who is not authorized by Ellu, nor does it apply to any cosmetic damage such as scratches and dents. In addition, this Limited Product Warranty does not apply to damage or defects caused by (a) use with non-Ellu products; (b) accident, abuse, misuse, mishandling, flood, fire, earthquake or other external causes; (c) normal wear and tear or aging of the Product such as discoloration or stretching; or (d) operating the Product (i) outside the permitted or intended uses described by Ellu, (ii) not in accordance with instructions provided by Ellu, or (iii) with improper voltage or power supply.
No Ellu reseller, distributor, agent or employee is authorized to make any modification, extension, or addition to this Limited Product Warranty. If any term contained herein is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. Some jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you.
LIMITATION OF DAMAGES
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ELLU SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE OR DATA, RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION OR UNDER ANY OTHER LEGAL THEORY, EVEN IF ELLU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This Limited Warranty shall be governed by the laws of the State of Maryland, USA, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
NATIONAL STATUTORY RIGHTS
CONSUMERS IN SOME JURISDICTIONS MAY HAVE LEGAL RIGHTS UNDER APPLICABLE NATIONAL LEGISLATION GOVERNING THE SALE OF CONSUMER GOODS, INCLUDING, WITHOUT LIMITATION, NATIONAL LAWS IMPLEMENTING EC DIRECTIVE 99/44. THESE RIGHTS ARE NOT AFFECTED BY THE WARRANTIES IN THIS LIMITED WARRANTY.