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in the electronic cigarette industry
Aegtek warrants our Aegtek products against defects in material or workmanship for a period of one year from the original date of purchase of the product (the “Warranty Period”). Aegtek does not warrant, and is not responsible for, any other device made by anyone other than Aegtek. If a material or workmanship defect arises with regard to any Aegtek product, and a valid claim is received within the Warranty Period, Aegtek will (1) repair the Aegtek product using new or refurbished parts or (2) replace the Aegtek product with a new or refurbished Aegtek product. For purposes of this limited warranty, “refurbished” means a product or part that has been substantially returned to its original specifications. In the event of a defect, these are your exclusive remedies.
Exclusions and Limitations
Except for the limited warranty expressly set forth above or to the extent restricted or prohibited by applicable law, Aegtek expressly disclaims any and all other warranties express or implied, including any warranty of quality, merchantability, or fitness for a particular purpose, and you specifically agree that Aegtek shall not be liable for any special, incidental, indirect, punitive, or consequential damages for breach of any warranty of any type on any Aegtek product. In addition to and without limiting the generality of the foregoing disclaimers, the limited warranty does not, under any circumstances, cover the replacement or cost of any electronic device or personal property inside or outside of the Aegtek product.
FOR END USERS WHO ARE COVERED BY AN APPLICABLE CONSUMER PROTECTION LAW OR REGULATION IN THEIR COUNTRY OF PURCHASE OR RESIDENCE, THE BENEFITS TO THE END USER UNDER THIS LIMITED WARRANTY ARE IN ADDITION TO OTHER RIGHTS AND REMEDIES OF THE END USER UNDER SUCH LAWS OR REGULATIONS. SUCH BENEFITS MAY INCLUDE ADDITIONAL WARRANTIES OR RIGHTS RELATING TO THE PERFORMANCE OF THIS PRODUCT AND REMEDIES APPLICABLE IN THE EVENT OF A DEFECT. THIS LIMITED WARRANTY WILL BE INTERPRETED UNDER THE LAWS OR REGULATIONS THAT APPLY TO THE END USER IN ANY STATE, PROVINCE OR COUNTRY AND ANY PROVISION OF THIS LIMITED WARRANTY THAT CONFLICTS WITH ANY SUCH END USER RIGHTS OR BENEFITS IS NOT APPLICABLE TO END USERS COVERED BY SUCH LAW OR REGULATION, SO THE EXCLUSIONS AND LIMITATIONS SET OUT IN THIS LIMITED WARRANTY MAY NOT APPLY, OR MAY NOT FULLY APPLY, TO YOU.
Obtaining Warranty Service
If you wish to make a claim under this Limited Warranty with respect to a Aegtek Product, please email to email@example.com, Once Company validates your claim, we will issue you an RMA number and shipping information from firstname.lastname@example.org. In no event will Aegtek accept any shipment that is sent C.O.D.
Please note that Aegtek cannot accept returned Aegtek Products in packages without an RMA number. Your RMA number must be clearly marked on the outside of the package containing your returned Aegtek Product.
RETURNING A AEGTEK PRODUCT WITHOUT AN RMA NUMBER WAIVES ALL OF AEGTEK’S RESPONSIBILITIES UNDER THE LIMITED WARRANTY, EVEN IF PROOF OF DELIVERY IS AVAILABLE, DUE TO OUR INABILITY TO MATCH YOUR PURCHASE WITH THE RETURNED AEGTEK PRODUCT – SO, IF YOU SEND US A PACKAGE WITHOUT THE RMA NUMBER CLEARLY MARKED ON THE OUTSIDE OF THE PACKAGE, YOU UNDERSTAND AND ACKNOWLEDGE THAT YOU WILL LOSE BOTH THE AEGTEK PRODUCT(S) IN THE PACKAGE AS WELL AS ANY APPLICABLE REMEDY YOU WOULD HAVE RECEIVED UNDER THE LIMITED WARRANTY.
EXCEPT AS EXPRESSLY SET FORTH ABOVE IN THIS LIMITED PRODUCT WARRANTY SECTION, EACH AEGTEK PRODUCT IS PROVIDED SOLELY ON AN "AS IS" BASIS AND AEGTEK MAKES NO OTHER WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AEGTEK SPECIFICALLY DISCLAIMS AND EXCLUDES ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF SUCH DISCLAIMER OF ANY IMPLIED WARRANTY IS NOT PERMITTED BY LAW, THE DURATION OF ANY SUCH IMPLIED WARRANTY IS LIMITED TO THE DURATION OF THE WARRANTY PERIOD OF THE LIMITED WARRANTY AS SET FORTH ABOVE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IF APPLICABLE LAW SPECIFIES A MINIMUM WARRANTY PERIOD THAT IS LONGER THAN THE WARRANTY PERIOD SET FORTH IN THE LIMITED WARRANTY, THEN THE WARRANTY PERIOD FOR AEGTEK PRODUCTS SUBJECT TO SUCH APPLICABLE LAW SHALL BE CONFORMED TO THE MINIMUM PERIOD SO REQUIRED. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
LIMITATION OF LIABILITY
IN NO EVENT, UNDER ANY CAUSE OF ACTION OF THEORY OF LIABILITY, SHALL AEGTEK ITS DISTRIBUTORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OF ANY NATURE WHATSOEVER, ARISING OUT OF THE USE OF OR INABILITY TO USE ANY AEGTEK PRODUCT, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, LOSS OF VALUE OF THE AEGTEK PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED IN OR WITH THE AEGTEK PRODUCT, OR LOSS OF USE OF THE AEGTEK PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED IN OR WITH THE AEGTEK PRODUCT, EVEN IF AEGTEK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT AEGTEK HAS NO LIABILITY FOR ANY DAMAGE OR DESTRUCTION TO CONSUMER ELECTRONICS DEVICES OR OTHER PERSONAL PROPERTY. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), THE ENTIRE AGGREGATE LIABILITY OF AEGTEK AND ANY OF ITS DISTRIBUTORS AND/OR SUPPLIERS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE AEGTEK PRODUCT GIVING RISE TO LIABILITY. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.