These Warranty Terms and Conditions ("Agreement") outline the rights, obligations, and limitations related to the warranty provided by TPOB ("Company") to the customer ("Customer") for the products or services covered under this Agreement. By purchasing or using our products or services, the Customer acknowledges and agrees to be bound by these terms and conditions.
1.Purpose and Scope
1.1 The purpose of this Agreement is to outline the terms and conditions under which the Company provides warranty coverage for its products or services.
1.2 This Agreement applies to all eligible purchases of Company's products or services made by the Customer.
1.3 The "Company" refers to TPOB, a registered FZCO under the laws of UAE.
1.4 The "Customer" refers to the individual or entity that has purchased or obtained the Company's products or services covered under this Agreement.
2.1 The Company warrants that its products or services will be free from defects in materials and workmanship under normal use and conditions.
2.2 The specific terms and duration of the warranty coverage are outlined in the product documentation, user manual, or service agreement provided with the purchased product or service.
2.3 The warranty coverage may include repair, replacement, or refund, subject to the terms and conditions set forth in this Agreement.
3. Warranty Limitations
3.1 The warranty does not cover damages or defects resulting from:
(a) Misuse, abuse, or negligence by the Customer.
(b) Unauthorised modifications or repairs.
(c) Failure to follow the provided instructions or guidelines.
(d) Normal wear and tear.
(e) Acts of nature, accidents, or external causes beyond the Company's control.
4. Customer Responsibilities
4.1 The Customer is responsible for:
(a) Properly using and maintaining the product or service in accordance with the provided instructions.
(b) Promptly reporting any issues or defects to the Company.
(c) Providing accurate and complete information when filing warranty claims.
(d) Complying with any additional requirements or conditions specified in the warranty documentation.
5. Claims Process
5.1 Filing a Claim
5.1.1 To initiate a warranty claim, the Customer must notify the Company of the issue or defect within the specified warranty period.
5.1.2 The Customer can file a claim by contacting our customer support team through the designated communication channels provided by the Company, at email@example.com
5.2 Required Documentation
5.2.1 The Customer must provide the following information and documentation when filing a warranty claim:
(a) Proof of purchase, such as a receipt, order number, or transaction details.
(b) Detailed description of the issue or defect experienced.
(c) Any supporting evidence, such as photographs, videos, or written descriptions that help illustrate the issue.
5.3 Warranty Fees
5.3.1 A warranty fee may be applicable for certain warranty claims as follows:-
For products more than 90 days old but less than 1 year. The warranty fee covers the costs associated with processing, evaluating, and addressing warranty claims.
5.3.2 The warranty fee, if applicable, shall be communicated to the customer at the time of initiating the warranty claim.
5.3.3 The customer acknowledges and agrees to pay the warranty fee, if applicable, as specified by the company. The payment of the warranty fee shall be made in accordance with the payment methods and instructions provided by the company.
5.3.4 Failure to pay the warranty fee within the specified timeframe may result in the suspension or denial of the warranty claim.
5.3.5 The company reserves the right to waive the warranty fee in certain circumstances, at its sole discretion. Waiver of the warranty fee shall not establish a precedent or obligation to waive the fee for future warranty claims.
5.3.6 The company reserves the right to modify or update the warranty fee clause at any time, without prior notice. Any modifications or updates to the warranty fee clause shall be effective upon publication on our official website or other official communication channels.
5.3.7 Warranty return postage will be at customer's expense.
5.4 Evaluation and Resolution
5.4.1 Upon receiving the warranty claim, the Company will evaluate the information and documentation provided by the Customer.
5.4.2 The Company may request additional information or evidence to assess the validity of the claim and determine the appropriate course of action.
5.4.3 The Company will make reasonable efforts to process the claim and provide a resolution within a reasonable timeframe, taking into account the nature of the claim and any necessary investigations.
5.4.4 Should the product be returned in an unhygienic condition, a cleaning fee may be charged, otherwise the Company reserve the right to refuse to honour the warranty
5.5 Repair, Replacement, or Refund
5.5.1 Resolution Options
220.127.116.11 Upon approving a valid warranty claim, the Company will determine the appropriate course of action to resolve the issue based on the nature and extent of the defect or damage.
18.104.22.168 The available options for resolution may include repair, replacement, or refund, subject to the conditions outlined below.
22.214.171.124 If the defect or damage is repairable, the Company may choose to repair the product at no additional cost to the Customer.
126.96.36.199 The repair will be conducted by qualified technicians or authorised service centres designated by the Company.
188.8.131.52 The repair process will be carried out within a reasonable timeframe, considering factors such as the availability of parts and the complexity of the repair. Approximate time frames:-
21-28 days - USA customers may expect up to 35 days
184.108.40.206 If the defect or damage cannot be adequately repaired, or if the product is deemed irreparable, the Company may opt to replace the product with an equivalent or similar item.
220.127.116.11 The replacement will be of comparable functionality and value to the original product.
18.104.22.168 The Company reserves the right to substitute the product with a newer model or an upgraded version, if available.
22.214.171.124 In cases where repair or replacement is not feasible or practical, or at the sole discretion of the Company, a refund may be offered to the Customer.
126.96.36.199 The refund amount will typically be based on the original purchase price of the product, taking into consideration any depreciation or usage of the item.
188.8.131.52 Refunds will be processed using the same payment method used for the original purchase, unless otherwise agreed upon by the Customer and the Company.
5.6.5 Criteria for Resolution
184.108.40.206 The Company will assess the nature and extent of the defect or damage to determine the appropriate resolution option.
220.127.116.11 Factors considered in determining the course of action may include the severity of the issue, the availability of parts for repair, and the practicality of providing a replacement.
18.104.22.168 The final decision on the resolution option rests with the Company, and the chosen option will be communicated to the Customer in a timely manner.
5.7 Communication and Updates
5.7.1 Progress Updates
22.214.171.124 The Company understands the importance of keeping the Customer informed throughout the warranty claim process.
126.96.36.199 Regular updates will be provided to the Customer regarding the progress of their claim, including the status of the investigation, repair, replacement, or refund process.
188.8.131.52 Updates may be communicated via email.
184.108.40.206 It is the Customer's responsibility to ensure that the contact information provided to the Company remains accurate and up to date throughout the warranty claim process.
220.127.116.11 Response times may vary depending on the complexity of the claim, the availability of relevant information, and the volume of claims being handled. The Company will strive to provide prompt and timely responses to the best of its ability.
5.8. Communication Etiquette
5.8.1 The Company is committed to maintaining a professional and courteous approach when communicating with the Customer.
5.8.2 Customer inquiries and concerns will be addressed in a respectful and empathetic manner.
5.8.3 The Customer is expected to maintain a respectful and cooperative attitude during all communication with the Company's representatives.
6. Limitation of liability
6.1 Disclaimer of Certain Damages or Losses
6.1.1 To the fullest extent permitted by applicable law, the Company disclaims any liability for indirect, incidental, consequential, punitive, or special damages arising from or related to the use of its products or services covered under this warranty.
6.1.2 This includes, but is not limited to, damages for loss of profits, business interruption, loss of data, or any other commercial or economic losses, even if the Company has been advised of the possibility of such damages.
6.2 Statutory or Legal Rights
6.2.1 The warranty provided by the Company is in addition to any rights and remedies granted by applicable statutory or legal provisions that cannot be excluded, limited, or modified.
6.2.2 Nothing in this warranty terms and conditions agreement shall affect any statutory or legal rights that may apply to the Customer.
6.3 Maximum Liability
6.3.1 The maximum liability of the Company under this warranty is limited to the amount paid by the Customer for the product or service covered under the warranty.
6.3.2 This limitation of liability applies unless otherwise mandated by applicable law.
6.4.1 The Company shall not be liable for any damages or losses resulting from:
(a) Failure to comply with the provided instructions, guidelines, or warnings.
(b) Misuse, abuse, or negligence by the Customer.
(c) Unauthorised modifications, repairs, or alterations made to the product or service.
(d) Acts of nature, accidents, or events beyond the Company's control.
(e) Any third-party products, services, or actions.
6.5 Allocation of Risk
6.5.1 The allocation of risk between the Customer and the Company as set forth in this warranty reflects the agreed-upon understanding of the parties.
6.5.2 The limitations of liability and disclaimers contained herein shall apply to the fullest extent permitted by applicable law, even if any remedy fails its essential purpose.
7.1 Good Faith Resolution
7.1.1 The Company is committed to resolving any disputes or disagreements with Customers in a fair and amicable manner.
7.1.2 The parties involved shall make reasonable efforts to engage in good faith discussions and negotiations to resolve any disputes arising from or related to this warranty.
7.2.1 In the event that a dispute cannot be resolved through direct negotiations, both parties agree to consider alternative dispute resolution methods, such as mediation.
7.2.2 Mediation involves the use of an impartial third party to facilitate negotiations and assist the parties in reaching a mutually acceptable resolution.
7.2.3 The costs associated with mediation shall be shared equally between the Customer and the Company, unless otherwise agreed upon.
7.3 Jurisdiction and Governing Law
18.104.22.168 Any legal actions or proceedings arising out of or in connection with this warranty shall be subject to the exclusive jurisdiction of the courts located in the jurisdiction where the Company's headquarters or main business operations are located.
22.214.171.124 The Customer agrees to submit to the personal jurisdiction of such courts and waives any objections or claims regarding inconvenient forum or lack of jurisdiction.
7.3.3 Consumer Rights
126.96.36.199 Nothing in this warranty terms and conditions agreement shall affect any statutory or legal rights that may apply to the Customer as a consumer.
188.8.131.52 If the Customer is a consumer, any provisions of this agreement that limit or exclude consumer rights or remedies may not apply or may be subject to certain exceptions under the laws of their jurisdiction.
8. Miscellaneous Provisions
8.1.1 If any provision of this warranty terms and conditions agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
8.1.2 In such cases, the parties shall make reasonable efforts to replace the invalid or unenforceable provision with a valid and enforceable provision that achieves the intended purpose as closely as possible.
8.2 Entire Agreement
8.2.1 This warranty terms and conditions agreement constitutes the entire agreement between the Customer and the Company regarding the subject matter herein and supersedes any prior agreements or understandings, whether written or oral.
8.2.2 Any additional terms, conditions, or agreements not explicitly stated in this document shall not be binding unless agreed upon in writing by both parties.
8.3.1 Any modifications or amendments to this warranty terms and conditions agreement must be made in writing and signed by authorised representatives of both the Customer and the Company.
8.3.2 No oral or implied modifications shall be considered valid or enforceable unless confirmed in writing by both parties.
8.4.1 The failure of either party to exercise or enforce any rights or provisions under this warranty terms and conditions agreement shall not constitute a waiver of such rights or provisions, unless expressly stated in writing.
8.4.2 Any waiver of a particular provision shall not be deemed a waiver of any other provision or subsequent breach of the same provision.
8.5.1 The Customer shall not assign, transfer, or sublicense any rights or obligations under this warranty terms and conditions agreement without the prior written consent of the Company.
8.5.2 The Company reserves the right to assign, transfer, or delegate any of its rights or obligations under this agreement to any third party without the consent of the Customer.
8.6.1 The headings and subheadings used in this warranty terms and conditions agreement are for convenience and reference purposes only and shall not affect the interpretation or construction of the provisions herein.