LEMFO Limited Warranty
· This Limited Warranty ("Limited Warranty")applies to LEMFO branded hardware products ("Product(s)") sold byLEMFO I LTD. ("LEMFO"). LEMFO’s warranty obligations are to theoriginal purchaser ("you") only. This Limited Warranty cannot beassigned or transferred. This Limited Warranty is limited to the terms setforth below. This Limited Warranty applies only to distributor or wholesalersapproved by LEMFO. For the individual consumer, please purchase LEMFO productsfrom official authorized retail shop and apply corresponding warranty for eachplatform.
LEMFO provides the following limitedwarranty to you if you purchased the Product(s) from LEMFO on LEMFO’s website,or if you purchased the Product(s) from an authorized reseller. Product(s)purchased from other sources are not covered by this Limited Warranty. LEMFO warrantsthat the Product(s) will be free from material defects in materials and workmanshipunder normal use for a period of half a year (0.5) year from the date of yourpurchase ("Warranty Period").
Due to the limitations of startup resources,if you require warranty service,you must return the defect product yourself uponapproval of your warranty request.Thank you for understanding.
When returning defect product for RMA,Please include the complete product when returning for RMA. Complete productincludes: watches, charging kits, and packaging. If the product is notcomplete, we reserve the right to refuse service or charge for correspondingparts.
Your sole and exclusive remedies forwarranty claims submitted to LEMFO within the Warranty Period pursuant to thisLimited Warranty are as follows:
For all Product(s) that contain or developmaterial defects in materials or workmanship during the Warranty Period, LEMFO will,at its sole option, either: (i) repair the Product(s); (ii) replace theProduct(s) with a new or refurbished Product(s) (replacement Product(s) beingof identical model or functional equivalent); or (iii) provide to you a refundof the price you paid for the Product(s) (excluding taxes and shipping costs).
Procedure for Making a Limited WarrantyClaim
To make a warranty claim pursuant tothis Limited Warranty, you must contact LEMFO and provide relevant informationwithin the Warranty Period by visiting warranty.ticwear.com. The informationmust include: (1) proof of purchase from LEMFO or an authorized reseller, (2) adescription of the problem or defect, (3) the date the defect was firstdiscovered, and (4) your address and phone number.
After reviewing your claim, LEMFO willnotify you whether your claim is denied or conditionally accepted, or whether LEMFOneeds additional information. If LEMFO requests additional information, youmust provide the information within 30 days of LEMFO’s request or your claimbecomes void.
If your claim is conditionally accepted,LEMFO will send you a Return Merchandise Authorization ("RMA"). Youmust return the Product(s) to LEMFO(at the address provided by LEMFO), alongwith the proof of purchase and the RMA, within 30 days of the date LEMFO sentyou the RMA. If you fail to return the Product(s), proof of purchase, and RMA,along with any other information requested by LEMFO, within this 30-day period,your claim becomes void.
If upon receiving the Product LEMFO determinesthat you do not have a valid claim under this Limited Warranty (including, butnot limited to, because the Product(s) do not suffer from a defect covered bythis Limited Warranty), LEMFO reserves the right to deny your claim. If LEMFO acceptsyour claim, LEMFO will provide a remedy as described in this Limited Warranty fromLEMFO; and (c) return the Product(s) to LEMFO with proof of purchase from LEMFOor an authorized reseller as directed by LEMFO to the address specified by LEMFOin connection with the RMA.
This Limited Warranty applies only toProduct(s) manufactured by or for LEMFO that are marked with the "LEMFO"trade name or logo and contain a valid LEMFO serial number. This LimitedWarranty is void if the serial number is removed from the Product(s).
This Limited Warranty does not apply to,and specifically excludes, the following: (a) consumable parts, such asbatteries, unless the consumable part has been damaged due to a defect inmaterials or workmanship in a non-consumable part of the Product(s); (b) normalwear and tear and cosmetic damage, including, but not limited to, scratches,dents and broken plastic; (c) defects or damage caused by misuse; accident(including, without limitation, collision, fire, and the spillage of food orliquid); neglect; abuse; alteration; unusual stress; modification; improper orunauthorized repair, installation, wiring, or testing; improper storage;third-party applications downloaded to the Product(s) or companion applicationsthat connect to and communicate with the Product(s); (d) damage caused byoperating the Product(s) outside the permitted or intended uses described by LEMFO;(e) damage caused by use with non-LEMFO products; (f) any non-LEMFO2 hardwareproducts or any software, even if packaged or sold with the Product(s); and (g)modifications of the Product(s) firmware or software by anyone other than LEMFO.LEMFO reserves the right to disable the Product(s) if LEMFO suspects fraud orif LEMFO determines that the Product(s) are counterfeit, stolen or lost inshipment.
LEMFO does not warrant that theoperation of the Product(s) will be uninterrupted or error-free. LEMFO is notresponsible for damage arising from failure to follow instructions relating tothe use of the Product(s).
Limitation of Damages and ImpliedWarranties
TO THE FULL EXTENT PERMITTED BY LAW,THIS WARRANTY POLICY DOES NOT COVER, AND LEMFOIS NOT RESPONSIBLE FOR: (A)SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OFWARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING, BUT NOTLIMITED TO, LOSS OF USE, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS(INCLUDING LOSS OF PROFITS ON CONTRACTS), LOSS OF THE USE OF MONEY, LOSS OFANTICIPATED SAVINGS, LOSS OF BUSINESS, LOSS OF OPPORTUNITY, LOSS OF GOODWILL,LOSS OF REPUTATION, OR LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR (B) ANYINDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED, INCLUDING, BUT NOTLIMITED TO, THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING,PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH THEPRODUCT(S) AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ONTHE PRODUCT(S). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OFINCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TOYOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGALRIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TOJURISDICTION.
All implied warranties (including theimplied warranties of merchantability and fitness for a particular purpose) arelimited in duration to the Warranty Period. All such implied warranties areexpressly disclaimed for periods beyond the Warranty Period.
Some jurisdictions do not allowlimitations on the duration of an implied warranty, so this limitation may notapply to you.
Governing Law and Disputes
This Limited Warranty is governed by andconstrued and enforced in accordance with the laws of the Shenzhen city, Chinawithout regard to conflicts of law principles. The parties further agree thatall disputes arising under or in connection with this Limited Warrant shall beresolved by final and binding arbitration.
The arbitration shall proceed pursuantto the Rules of Arbitration of the International Chamber of Commerce, and shallbe conducted by one arbitrator appointed in accordance with the Rules. Thelanguage of the arbitration will be Chinese. The arbitration will take place inShenzhen city, China. Judgment upon any award rendered by the arbitrator may beentered in any court having jurisdiction. All materials in the proceedingscreated for the purpose of the arbitration, all other documents produced in theproceedings not otherwise in the public domain, and all awards in the arbitrationwill be deemed "confidential information" and shall not be disclosedto those not a party to the arbitration, except in response to a subpoena orcourt order, or as necessary for purposes of the arbitration itself (e.g.disclosure to an expert witness in the arbitration). Notwithstanding anythingto the contrary above and irrespective of the tribunal’s powers to orderinterim or conservatory measures, nothing in this Limited Warranty will preventeither party from seeking provisional measures from any court of competentjurisdiction, and no such request will be deemed incompatible with theagreement to arbitrate or a waiver of the right to arbitrate.