LLIMITED PRODUCT WARRANTY AND DISCLAIMERS
Tap Systems Inc. (the “Company”) warrants to the original purchaser from the Company (the “Original Purchaser”) of the TAP™ wearable Keyboard and Mouse and Portable charging carrying case (the “Product(s)”) that for a period of twelve (12) months from the date of the original retail purchase of the Product (“Warranty Period”) the Product will be free from significant defects in materials and workmanship (the “Limited Warranty”). Exclusions. This Limited Warranty does not cover or apply: (i) to normal wear and tear; (ii) to Products
that have been subjected to accident, abuse, improper use, neglect, improper storage or handling, abnormal physical stress, damage from the elements, excessive cold or heat, or abnormal environmental conditions; (iii) to Products which have been reconstructed, repaired, modified or altered by any person other than an authorized representative of the Company or have been combined with other products, equipment or software; (iv) to any Product which was purchased in “open-box,” used, repaired, repackaged and/or resealed condition, including, but not limited to, the purchase of such Product on Internet auction sites and/or from surplus or bulk resellers; (v) to loss of use during the period a Product is at a repair facility or otherwise awaiting parts or repair; or (vi) to any other conditions that are beyond the reasonable control of the Company.
The Original Purchaser’s exclusive remedy in the event that a Product does not conform to this Limited Warranty (“Defective Product”) is set forth below:
(i) The Original Purchaser must notify the Company in writing, of any alleged claim or defect within thirty (30) days from the date the Original Purchaser discovers, or upon reasonable inspection should have discovered, such alleged claim or defect (but in any event before the expiration of the applicable
(ii) The Original Purchaser will then receive a Return Merchandise Authorization (“RMA”) number from the Company and the address to which to ship the Defective Product. Shipping shall be at the Original Purchaser’s sole expense and risk of loss. The Company will not accept delivery of any Defective Product unless an RMA number has been issued and is clearly marked on the exterior of the shipping package.
(iii) Upon its receipt of the Defective Product, the Company will inspect and test it and if, to its reasonable satisfaction, determines that that such Product is covered by this Limited Warranty, the Company will in its sole discretion and at its expense, either (i) repair such Defective Product, using, at the Company’s sole discretion, new, reconditioned, refurbished, repaired or remanufactured products, components or parts in the process, (ii) replace such Defective Product with a new or refurbished Product (having a similar style and function as the Defective Product), or (iii) credit or refund the actual purchase price of such Defective Product less any applicable discounts, rebates or credits, and less a pro rata deduction for the time that has elapsed since the date of purchase.
(iv) If the Company elects to repair or replace the Defective Product, it will ship to the Original Purchaser, at the Original Purchaser’s expense and risk of loss, the repaired or replaced Product to the address specified in writing by the Original Purchaser.
(v) All replaced Defective Products shall become the property of the Company.
(vi) The Warranty in respect of repaired or replaced Defective Products shall continue for the remainder of the Warranty Period of the Product which was repaired or replaced or, for three (3) months from the date of repair or replacement, whichever is longer.
(vii) To receive service under this Limited Warranty, the Original Purchaser must retain the original retail purchase receipt. In the event that such information is not presented or if it is incomplete or illegible, the Company reserves the right to refuse to provide Warranty service.
(viii) This Limited Warranty only covers Products purchased in, and for use within, the United States of America.
Shipping and Delays.
Any shipping date provided by the Company or its representatives is an estimate only, and the actual shipping date for any accepted order can vary from the date provided. The actual shipping date will depend on a variety of factors including manufacturing schedule, and the dates of your order, your completed order, and when we accept your completed order. Commencement of shipping is subject to change without notice to you. We list shipping charges for each country on our website, and you are responsible to pay all shipping charges to the address you provide. You must also pay all tariff, import, customs, tax, and other charges applicable in your jurisdiction. If shipping costs are determined to be higher than the shipping costs assessed at the time of purchase, the Company may, in its sole discretion, require you to pay additional shipping fees or cancel your purchase.
Transfer of Risk and Title.
Risk of loss of the Product passes to you upon the Company’s delivery of the Product to a carrier, and you are responsible for any loss or damage to the Product from that point forward. Claims against a carrier for damage during shipping are your responsibility.
Except for sales tax required to be paid by residents of certain states within the U.S.A., which is collected by the Company at the time of purchase, all import duties, taxes, and other charges are not included in the Product purchase price or shipping cost. These charges are your sole responsibility.
Limitation of Liability
THE FOREGOING WARRANTY IS EXCLUSIVE, AND IS THE SOLE REMEDY FOR ANY AND ALL CLAIMS, WHETHER IN CONTRACT, IN TORT OR OTHERWISE ARISING FROM THE
FAILURE OF EQUIPMENT AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, WHICH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED TO THE EXTENT PERMITTED BY LAW AND, IN ANY EVENT, SHALL BE LIMITED TO THE
WARRANTY PERIOD SPECIFIED ABOVE. THE LIABILITY OF THE COMPANY SHALL BE LIMITED TO THE TERMS OF THE EXPRESS WARRANTY SET FORTH HEREIN. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, BUSINESS OR GOODWILL, AND/OR DETERIORATION IN THE EQUIPMENT’S PERFORMANCE, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. UNDER NO CIRCUMSTANCES SHALL THE COMPANY’S ENTIRE LIABILITY FOR DEFECTIVE EQUIPMENT EXCEED THE PURCHASE PRICE OF THAT EQUIPMENT. WARRANTY SERVICES PROVIDED UNDER THESE TERMS AND CONDITIONS DO NOT ENSURE THE UNINTERRUPTED OPERATION OF EQUIPMENT; THE COMPANY SHALL NOT BE LIABLE FOR DAMAGES CAUSED BY ANY DELAYS INVOLVING WARRANTY SERVICE.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE AND COUNTRY TO
COUNTRY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS SET FORTH IN THIS LIMITED WARRRANTY, INCLUDING THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THIS LIMITATION MAY NOT APPLY TO YOU. ADDITIONALLY, SOME STATES OR COUNTRIES
DO NOT ALLOW A LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR
CONSUMER PRODUCTS. IN SUCH STATES OR COUNTRIES, SOME EXCLUSIONS OR LIMITATIONS OF THIS LIMITED WARRANTY MAY NOT APPLY TO YOU.
The Company does not authorize anyone, including, but not limited to, retailers, to obligate the Company in any way beyond the terms set forth herein. Law and Jurisdiction. This Warranty and all matters connected with the performance thereof shall be construed, interpreted, applied and governed in all respects by the laws of the State of California in the United States of America. Any action, suit or proceeding arising out of or relating to this Limited Warranty and/or to the purchase of Products covered by this Limited Warranty, shall be venued exclusively in the State or Federal courts located within the State of California in the United States of America.