Warranty
WellCube Limited Warranty
Delos Living LLC (”Delos,” “us,” “we,” and “our”) warrants that the Product (as defined below), when properly installed by a Delos authorized installer, will be free from defects in material and workmanship for a period of twelve (12) months from the date of delivery of the Product by Delos. This limited warranty is extended only to the original purchaser (“you” or “Purchaser”) and does not extend to any subsequent owner or other transferee of the Product. No Delos employee, agent or representative or any third party is authorized to modify or extend this limited warranty.
This limited warranty applies to following WellCube products (collectively the “Product”):
WellCube Air/Air+
WellCube Sense/Sense+
WellCube Connect/Connect+
With respect to any Product defect covered by this limited warranty during the warranty period, Delos will, in its sole discretion, either repair or replace such Product, or the defective part or component thereof. This is Purchaser’s sole and exclusive remedy for breach of this limited warranty. Repair or replacement may be made with parts, components or products that are new, refurbished, and/or made by a different manufacturer. Purchaser is responsible for all shipping and transporting charges, fees, duties and taxes in connection with sending in a Product for warranty service. Delos will bear the costs of return shipping the repaired or replaced Product to Purchaser. Any repair or replacement of a Product does not extend the warranty period, and the original term of the warranty will remain.
Delos will evaluate each request for warranty services, and if Delos determines that the applicable Product is not defective or is otherwise not covered by this limited warranty, Purchaser shall be responsible for reimbursing Delos for all costs of inspecting, testing and responding to such request. Delos’ determination as to whether or not a Product is defective and covered by this limited warranty will be final.
LIMITED WARRANTY EXCEPTIONS
This limited warranty does not cover any damage due to: accidents, improper or negligent use or abuse; failure to use or maintain the Product in accordance with the Delos and/or manufacturer’s instructions, specifications or guides; use of the Products in a manner for which they were not designed; unauthorized installation, repair or modifications; use of unauthorized replacement parts; any use of the Product with other equipment, hardware, software, or products not supplied by or authorized by Delos; improper power supply, power surges or dips; spillages, moisture or water exposure; normal wear and tear; or external causes and acts of God, such as fire, lightning, flooding, tornado, earthquake, hurricane or other actions, events or causes beyond Delos’s control.
Further, this limited warranty does not cover, and Delos is not responsible for: (i) consumable parts, including, without limitation, filters; (ii) any equipment, appliances, components or other products that are external to the Product; or (iii) any damage or costs incurred in connection with the removal or reinstallation of the Product.
PROCEDURE FOR OBTAINING WARRANTY SERVICE
To obtain warranty service, contact us during the Warranty Period to obtain a Return Merchandise Authorization (“RMA”) number. To obtain the RMA number and warranty service, you will need to provide some or all of the following information: your name, address, contact number, Product details, a description of the problem and proof of purchase. We may also require additional information. You may only submit for warranty service if a RMA number has been issued. Products must be shipped freight prepaid to Delos, at its designated address, with the RMA number clearly marked on the outside of the package.
DISCLAIMER OF WARRANTIES
EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DELOS DISCLAIMS ANY AND ALL EXPRESS AND IMPLIED WARRANTIES WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. AN INDIVIDUAL’S HEALTH AND WELL-BEING ARE DETERMINED BY A NUMBER OF FACTORS PARTICULAR TO THAT INDIVIDUAL, OTHER THAN THAT INDIVIDUAL’S CURRENT ENVIRONMENT. THESE FACTORS INCLUDE BUT ARE NOT LIMITED TO, PERSONAL CURRENT AND PAST CONDUCT, GENETICS, FAMILY HISTORY, AND PSYCHOLOGICAL FACTORS. DELOS IS NOT A LICENSED HEALTHCARE PROVIDER, AND MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY OF ITS SERVICES OR RECOMMENDATIONS, OR ANY PRODUCTS SOLD OR RECOMMENDED, WILL CURE ANY ILLNESSESS OR DISEASES, IMPROVE THE OVERALL HEALTH OR WELL-BEING OF ANY SPECIFIC INDIVIDUAL(S), OR CAUSE A SPACE TO BE FREE FROM BACTERIA, VIRUSES, ALLERGENS, VOLATILE ORGANIC COMPOUNDS, OR OTHER PATHOGENS. NEITHER THE PRODUCTS NOR THE ANY DOCUMENTATION PROVIDED IN CONNECTION WITH THE PRODUCTS CONSTITUTE THE PRACTICE OF MEDICINE OR THE PROVISION OF ANY PROFESSIONAL HEALTHCARE SERVICES, DIAGNOSIS OR TREATMENT, AND NOTHING DISPLAYED ON THE SITES SHOULD BE CONSIDERED, OR USED AS A SUBSTITUTE FOR, MEDICAL ADVICE, DIAGNOSIS OR TREATMENT.
LIMITATION OF LIABILITY
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY BREACH OF THIS LIMITED WARRANTY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DELOS OR ITS AFFILIATES BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, (INCLUDING LOST PROFITS, LOSS OF GOODWILL, PERSONAL OR PROPERTY DAMAGE), ARISING FROM THIS LIMITED WARRANTY, OR THE SALE OR USE OF ANY OF THE PRODUCTS, AND DELOS AND ITS AFFILIATES CUMULATIVE LIABILITY ARISING FROM THIS LIMITED WARRANTY, OR THE SALE OR USE OF ANY OF THE PRODUCTS SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCTS.
SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
GENERAL INFORMATION ABOUT YOUR RIGHTS
This limited warranty gives you specific legal rights. You may also have other legal rights that vary by state, province, or jurisdiction. Likewise, some of the limitations in this limited warranty may not apply in certain states, provinces or jurisdictions. The terms of this limited warranty will apply to the extent permitted by applicable law.