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The Warranty Period will automatically terminate upon its expiration irrespective of whether or when the Klimbo Product has been installed and/or put to use. You should keep your dated sales receipt for proof of purchase and claims purposes. If you are unable to produce proof of your Purchase Date to Klimbo’s reasonable satisfaction, the Purchase Date will be the date of manufacture per Klimbo’s records (e.g., based on the date-coded serial number printed on the Klimbo Product, if applicable) or such other date as reasonably determined by Klimbo in its discretion.
What is covered by this Limited Warranty?
During the Warranty Period, Klimbo will, at its option, repair or replace any Klimbo Product or component thereof (each, a “Covered Part”), to the extent such Covered Part fails to conform with this Limited Warranty under normal use and service. Repair, replacement or refund, as elected by Klimbo in its sole discretion, shall be your sole and exclusive remedy under this Limited Warranty. Unless waived by Klimbo, the defective Covered Part must be returned to Klimbo at your cost. If Klimbo elects to replace any Covered Part, Klimbo will send the replacement item to you by normal (non-expedited) shipment method of Klimbo’s choosing. Replacement products and parts provided by Klimbo under this Limited Warranty are warranted for the remaining portion of the original Warranty Period.
What is Not Covered by this Limited Warranty?
Any damage, defect or malfunction caused by abuse, misuse, neglect, vandalism, accident, act of God (e.g., flood, fire, lightning), or other cause beyond Klimbo’s reasonable control is not covered by this Limited Warranty. Also, any damage, defect or malfunction resulting from one or more of the following is not covered by this Limited Warranty: faulty or improper repair or installation of the Klimbo Product; failure to perform routine or recommended maintenance of the Klimbo Product); alteration or modification of the Klimbo Product; use of accessories, components, parts or attachments not manufactured by Klimbo; failure of any fixture, device, part, accessory or product not sold or manufactured by Klimbo; use of anti-freeze, chemical agents, petroleum-based lubricants or cleaning products containing harmful substances (e.g., household bleach, drop-in blocks or tablets, or disinfectants); improper storage or handling of the Klimbo Product; and/or use of the Klimbo Product in an application other than as published in Klimbo’s Installation Manual or other technical and promotional materials. This Limited Warranty only covers the cost of repairs performed by Klimbo or its authorized service provider in the event that Klimbo elects to repair (as opposed to replace) the Covered Part as its choice of remedy hereunder. Performance of any repairs or corrective action or incurring any expense without Klimbo’s written authorization is at your sole risk and expense. To the maximum extent permitted by applicable law, no claims will be allowed for labor charges, transportation (including expedited shipping) or other costs and incidentals, all of which are your sole responsibility. Furthermore, this Limited Warranty only covers the Klimbo Product itself and does not cover any non-Klimbo product, fixture, system, infrastructure, hardware, software, part, or accessory or any Klimbo or non-Klimbo service. This Limited Warranty is provided solely to you and is not assignable or transferable by you to anyone else.
What Are Your Responsibilities?
You are responsible to ensure that your Klimbo Product has been installed, operated and maintained in accordance with Klimbo’s Installation Instructions, Repair Parts and Maintenance Guide and/or other written manuals, technical materials, instructions and/or recommendations attached to or furnished with the Klimbo Product and/or posted on Klimbo’s website at Klimbo.co. If you contend that any Klimbo Product is not in conformance with this Limited Warranty, you must allow Klimbo the opportunity to inspect the Klimbo Product (and the system(s) to which the Klimbo Product is attached) and verify/diagnose the condition before you make any repairs or alterations to the Klimbo Product. You must not remove the serial number or label(s) from the Klimbo Product. Your failure to comply with the foregoing requirements will relieve Klimbo from any further responsibility to you under this Limited Warranty to the fullest extent allowed by applicable law. Additionally, Klimbo strongly recommends that you use genuine Klimbo replacement parts when making repairs to your Klimbo Product, and that you not use replacement parts purchased from unauthorized resellers as such parts may be used, defective, counterfeit or not designed for use in your country, state, province or jurisdiction (and are not covered by this Limited Warranty); provided, however, following this recommendation is not a condition of this Limited Warranty.
How do you make a Warranty Claim?
Klimbo only permits distribution and resale of Klimbo Products through authorized resellers, such as plumbing distributors and plumbing supply wholesalers. Except as otherwise may be required by applicable law, this Limited Warranty is void unless you purchased the Klimbo Product from an authorized reseller. You should initiate a claim under this Limited Warranty within 30 days of the discovery of the defect by either an email to [email protected]. You must (a) obtain a Return Merchandise Authorization (RMA) number from Klimbo prior to returning any Klimbo Product, (b) include the RMA number and any applicable serial number(s) for the Klimbo Product (and proof of purchase, including the Purchase Date and identification of the authorized reseller from whom you purchased the Klimbo Product, and (c) be responsible for and prepay any shipping expense in connection with the return of any Klimbo Product. Any product returns, including returns for reasons other than warranty claims (e.g., you ordered the wrong product), should be handled in accordance with Klimbo's returns policy (found at www.Klimbo.co) if purchased directly from Klimbo or the returns policies of the authorized reseller from whom you purchased the Klimbo Product if not purchased directly from Klimbo.
GENERAL DISCLAIMER AND LIMITATION OF DAMAGES
THIS LIMITED WARRANTY SETS FORTH THE ENTIRE AGREEMENT BY KLIMBO REGARDING ITS WARRANTY FOR YOUR KLIMBO PRODUCT. EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KLIMBO DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY REPRESENTATIONS, WARRANTIES, DECLARATIONS, GUARANTEES AND CONDITIONS WITH RESPECT TO KLIMBO PRODUCTS. WITH RESPECT TO IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KLIMBO LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES TO THE WARRANTY PERIODS SET FORTH ABOVE. KLIMBO MAKES NO REPRESENTATION, WARRANTY OR GUARANTY AND EXPRESSLY DISCLAIMS ANY AND ALL LOSS, LIABILITY, OR DAMAGES WITH RESPECT TO ANY SERVICE OR NON-KLIMBO PRODUCT THAT MAY BE RELATED TO OR USED IN CONNECTION WITH THE KLIMBO PRODUCT. ADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (A) IN NO EVENT WILL KLIMBO BE LIABLE FOR ANY PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES FOR LOST DATA, LOST CONNECTIONS, LOST COMMUNICATIONS, LOST SALES OR LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY, THE KLIMBO PRODUCT OR ANY SERVICE RELATED TO OR USED IN CONNECTION WITH THE KLIMBO PRODUCT, EVEN IF KLIMBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (B) KLIMBO’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY WILL NOT EXCEED THE AMOUNT PAID FOR THE KLIMBO PRODUCT BY YOU OR YOUR AUTHORIZED RESELLER, WHICHEVER IS LESS.
