REVISED: May 6, 2016
Kindara Inc. (“Kindara”) warrants to the original purchaser that your Wink by Kindara BBT Thermometer (“Product”) shall, as of the date of purchase, be free from material defects for a period of one (1) year from the date of such purchase. Notwithstanding the foregoing, if you reside in the European Economic Area (EEA) and you purchased your Product in the EEA, the warranty period shall be two (2) years from the date of purchase (the “Warranty Period”).
Other than the limited warranty set forth above, Kindara hereby sells the Product “AS IS” with all errors and faults. To the extent permitted by law, Kindara hereby disclaims all warranties relating to the Products. Any implied warranty, including but not limited to, fitness for a particular purpose and merchantability, is limited to one (1) year from the date of purchase. Some States do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you. No person (including any agent or dealer of Kindara) is authorized to make any other warranties concerning the products except to refer purchasers to the limited warranty set forth in this section.
This warranty gives you specific legal rights, and you may also have other rights which vary from State to State.
If a hardware defect arises and a valid claim is received by Kindara within the Warranty Period, Kindara will, at its sole and exclusive discretion, 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 a defect, to the extent permitted by law, the limited warranty set forth above is your sole and exclusive remedy. Customer shall be liable for any shipping and handling charges arising out of this Limited Warranty except where prohibited by applicable law. This Limited Warranty is valid only in the jurisdictions where the Products are sold by Kindara itself or through its authorized reseller or agent, and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement hardware Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, or for any additional period of time that may be applicable in your jurisdiction.
To obtain warranty service, you must file a Warranty Claim by emailing firstname.lastname@example.org about the defect. The email must include the customer’s name, purchase order number, date of purchase, and last four digits of the credit card used in the transaction. You are responsible for delivering the Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by Kindara (see below). In accordance with applicable law, Kindara may require that you furnish proof of purchase details. 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 service, and Kindara will not be liable for any such damage or loss.
Upon receipt of the returned Product, we will fully examine it and notify you via e-mail, within a reasonable period of time, whether you are entitled to replacement or repair as a result of the defect. All such determinations shall be made by Kindara in its sole and exclusive discretion. Any replacement hardware for the Product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
This Limited Warranty applies only to the Product manufactured by or for Kindara that can be identified by the "Kindara" trademark, trade name, or logo affixed to it. The Limited Warranty does not apply to any (a) Kindara products and services other than the Product, (b) non-Kindara products, (c) consumables (such as batteries), or (d) 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 the Product that has been altered or modified (e.g., to alter functionality or capability) by anyone who is not a representative of Kindara, or if the Product is inserted or installed in a casing not provided by Kindara. In addition, this Limited Warranty does not apply to damage caused by: (a) use with non-Kindara Products; (b) accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) operation of the Product in a manner other than that described in the Product instructions, (d) use of the Product for any purpose other than its intended uses described by Kindara or with improper voltage or power supply; or (e) service (including upgrades and expansions) performed by anyone other than an authorized representative of Kindara. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty.
Kindara is not responsible for damage or injuries arising from failure to follow instructions related to the Product’s use.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, KINDARA SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO THE 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 KINDARA 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 Colorado, USA, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. In the event Consumer brings any claims arising under this Limited Warranty, the parties agree that the sole and exclusive jurisdiction shall be the State and Federal Courts located in Denver, Colorado.
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.
For Product Warranty Service, please mail the Product to the following address after your Warranty Claim is approved:
Kindara Inc., Box 380, 1630 30th St. Unit A, Boulder, CO 80301, USA
Shipping charges for all returns must be prepaid and insured by you. You are responsible for any loss or damage to hardware during shipment. Kindara does not guarantee that we will receive your returned item. Shipping and handling charges are not refundable. Any amounts refunded will not include the cost of shipping.