For Shellios Branded
HOW CONSUMER LAW RELATES TO THIS WARRANTY
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). OTHER THAN AS PERMITTED BY LAW, SHELLIOS DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE.
WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. SHELLIOS DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, SHELLIOS LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT SHELLIOS’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
WHAT IS COVERED BY THIS WARRANTY?
Shellios warrants the Shellios-branded Helmets and Shellios-branded accessories contained in the original packaging (“Shellios Product”) against defects in materials and workmanship when used normally in accordance with Shellios’s published guidelines for a period of ONE (1) YEAR from the date of original retail purchase by the end-user purchaser (“Warranty Period”). Shellios’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.
Please note: All claims made under the Shellios One-Year Limited Warranty will be governed by the terms set out in this warranty document.
WHAT IS NOT COVERED BY THIS WARRANTY?
This warranty does not apply to any non-Shellios branded hardware products or any software, even if packaged or sold with Shellios hardware. Manufacturers, suppliers, or publishers, other than Shellios, may provide their own warranties to you – please contact them for further information. Software distributed by Shellios with or without the Shellios brand (including, but not limited to system software) is not covered by this warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. Shellios does not warrant that the operation of the Shellios Product will be uninterrupted or error-free. Shellios is not responsible for damage arising from failure to follow instructions relating to the Shellios Product’s use.
This Warranty does not apply: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports unless failure has occurred due to a defect in materials or workmanship; (c) to damage caused by use with a third party component or product that does not meet the Shellios Product’s specifications (Shellios Product specifications are available at www.Shellios.com under the technical specifications for each product and also available in stores); (d) to damage caused by accident, rain, abuse, misuse, fire, liquid contact, earthquake or other external cause; (e) to damage caused by operating the Shellios Product outside Shellios’s published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Shellios or an Shellios Authorized Service Provider (“SASP”); (g) to an Shellios Product that has been modified to alter functionality or capability without the written permission of Shellios; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Shellios Product; (i) if any serial number has been removed or defaced from the Shellios Product; or (j) if Shellios receives information from relevant public authorities that the product has been stolen or if you are unable to deactivate passcode-enabled or other security measures designed to prevent unauthorized access to the Shellios Product, and you cannot prove in any way that you are the authorized user of the product (eg. by presenting proof of purchase).
IMPORTANT RESTRICTION FOR HELMETS SERVICE.
Shellios may restrict warranty service for HELMETS to the country where Shellios or its Authorized Distributors originally sold the device.
YOU SHOULD PROPERLY RECHARGE BEFORE USE.
Before receiving warranty service, Shellios or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow Shellios’s procedures for obtaining warranty service.
Following warranty service your Shellios Product or a replacement product will be returned to you as your Shellios Product was configured when originally purchased, subject to applicable updates. Shellios may install system software updates as part of warranty service that will prevent the Shellios Product from reverting to an earlier version of the system software.
Important: Do not open the Shellios Product. Opening the Shellios Product may cause damage that is not covered by this warranty. Only Shellios or an SASP should perform service on this Shellios Product.
WHAT WILL SHELLIOS DO IN THE EVENT THE WARRANTY IS BREACHED?
If during the Warranty Period you submit a claim to Shellios or an SASP in accordance with this warranty, Shellios will, at its option:
(i) repair the Shellios Product using new or previously used parts that are equivalent to new in performance and reliability,
- ii) replace the Shellios Product with the same model (or with your consent a product that has similar functionality) formed from new and/or previously used parts that are equivalent to new in performance and reliability, or
(iii) exchange the Shellios Product for a refund of your purchase price.
Shellios may request that you replace certain user-installable parts or products. A replacement part or product, including a user-installable part that has been installed in accordance with instructions provided by Shellios, assumes the remaining warranty of the Shellios Product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes Shellios’s property.
HOW TO OBTAIN WARRANTY SERVICE?
Please access and review the online help resources described below before seeking warranty service. If the Shellios Product is still not functioning properly after making use of these resources, please contact anShellios representative or, if applicable, an Shellios owned retail store (“Shellios Retail”) or SASP, using the information provided below. AnShellios representative or SASP will help determine whether your Shellios Product requires service and, if it does, will inform you how Shellios will provide it. When contacting Shellios via telephone, other charges may apply depending on your location.
Online information with details on obtaining warranty service is provided below.
WARRANTY SERVICE OPTIONS
Shellios will provide warranty service through one or more of the following options:
(i) Carry-in service. You may return your Shellios Product to anShellios Retail or SASP location offering carry-in service. Service will be performed at the location, or Shellios Retail or an SASP may send your Shellios Product to anShellios Repair Service (“SRS”) location to be serviced. Once you are notified that service is complete, you will retrieve the Shellios Product from the Shellios Retail or SASP location without delay unless Shellios notifies you that the Shellios Product will be sent directly to your location from the SRS location.
(ii) Mail-in service. If Shellios determines that your Shellios Product is eligible for mail-in service, Shellios will send you prepaid waybills and if applicable, packaging material and instructions on how to properly pack and address your Shellios product, so that you may ship your Shellios Product to an SRS or SASP location. Instructions may be sent to you via email or in hard copy with the packaging material. Once service is complete, the SRS or SASP location will return the Shellios Product to you. Shellios will pay for shipping to and from your location if all instructions regarding the method of packaging and shipping the Shellios Product are followed.
(iii) Do-it-yourself (DIY) parts service. DIY parts service allows you to service your own Shellios Product. If DIY parts service is available in the circumstances, the following process will apply.
(a) Service where Shellios requires return of the replaced product or part. Shellios may require a credit card authorization as security for the retail price of the replacement product or part and applicable shipping costs. If you are unable to provide credit card authorization, DIY parts service may not be available to you and Shellios will offer alternative arrangements for service. Shellios will ship a replacement product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced product or part. If you follow the instructions, Shellios will cancel the credit card authorization, so you will not be charged for the product or part and shipping to and from your location. If you fail to return the replaced product or part as instructed or return a replaced product or part that is ineligible for service, Shellios will charge your credit card for the authorized amount.
(b) Service where Shellios does not require return of the replaced product or part. Shellios will ship you free of charge a replacement product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced product or part.
(c) Shellios is not responsible for any labor costs you incur relating to DIY parts service. Should you require further assistance, contact Shellios at the telephone number listed below.
Shellios reserves the right to change the method by which Shellios may provide warranty service to you, and your Shellios Product’s eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country. You may be responsible for shipping and handling charges if the Shellios Product cannot be serviced in the country it is in. If you seek service in a country that is not the original country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. Where international service is available, Shellios may repair or replace products and parts with comparable products and parts that comply with local standards.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, SHELLIOS IS NOT RESPONSIBLE FOR DIRECT, 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; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY.
THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. SHELLIOS DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY SHELLIOS PRODUCT UNDER THIS WARRANTY OR REPLACE THE SHELLIOS PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN THE SHELLIOS PRODUCT.
SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
No Shellios reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This warranty is governed by and construed under the laws of the country in which the Shellios Product purchase took place. Shellios is identified at the end of this document according to the country or region in which the Shellios Product purchase took place. Shellios or its successor in title is the warrantor under this warranty.
More information of the following is available online:
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