SCOPE OF COVERAGE
This limited warranty is provided by Akoni SA (“Akoni,” “us,” or “we”) and covers any defects in material or workmanship in the new Akoni product accompanied by this limited warranty statement. Only consumers purchasing this product from Akoni, an authorized Akoni retailer, or from an authorized Akoni reseller may obtain coverage under this limited warranty. This limited warranty extends only to the original consumer purchaser and is not assignable or transferable to any subsequent purchaser or user.
LENGTH OF COVERAGE
The limited warranty period governing products sold in the United States is one (1) year from your documented date of purchase, or as otherwise may be required by applicable law. In no case shall the limited warranty extend beyond two (2) years from your documented date of purchase, regardless of region.
This limited warranty does not cover any problem that is caused by (i) commercial use, (ii) normal wear and tear, or (iii) misuse, accident (including—without limitation—drops, impacts, collision, fire, and the spillage of food or liquid), neglect, abuse, alteration, unusual stresses, temperature, modification, improper or unauthorized repair, improper care, or improper storage. This limited warranty is void if a product is returned with removed, damaged, or tampered labels or any alterations. Also, consequential, indirect, and incidental damages are not recoverable under this limited warranty and are expressly excluded to the fullest extent permitted by applicable law.
In order to obtain Akoni warranty service, your claim must be in compliance with all terms of this limited warranty statement and you must follow proper return procedures. To request warranty service, you may either visit your original point of purchase or contact Akoni by email at firstname.lastname@example.org. If you return the product to your original point of purchase and Akoni determines that it is covered by this limited warranty, then the product will be repaired or replaced in Akoni’s sole discretion. If you contact Akoni directly and Akoni determines that the product may in fact be covered by this limited warranty, then—in Akoni’s sole discretion—you will either be directed to a local retailer for repair or replacement, or be issued a Return Merchandise Authorization Number ("RMA#") which you must send along with your product and your unaltered proof of purchase to the address specified by Akoni in connection with the RMA# issued. Unless otherwise specified by Akoni in writing, you shall bear the cost of shipping the product to Akoni, and Akoni shall bear the cost of shipping the product back to you after the completion of service if your claim is covered by this limited warranty. Any product returned to Akoni without a valid limited warranty claim, valid RMA#, or unaltered proof of purchase may be rejected, returned to you at your cost or kept for your pick-up for thirty (30) days and then disposed of in Akoni’s sole discretion. By sending a product for replacement, you agree to transfer ownership of the original product to Akoni.
If Akoni authorizes you to return your product to Akoni or an authorized service provider, then Akoni will, at its option, either repair or replace the defective product. Any replacement may be, at Akoni’s option, a new or remanufactured product. If Akoni, in its sole discretion, determines it is not reasonable or otherwise possible to replace the defective product, then Akoni may refund you the purchase price paid for the product. Akoni warrants that repaired or replaced products are covered for the remainder of the original product warranty or ninety (90) days, whichever is greater.
APPLICATION OF LAW
This limited warranty is governed by the laws of the Swiss Confederation, without regard to choice of law or conflict of law principles and expressly excluding the UN Convention on Contracts for the International Sale of Goods (CISG), with legal jurisdiction in Lugano, Switzerland. This limited warranty gives you specific legal rights, and you may also have other rights that vary from country to country. This limited warranty does not affect any additional, nonwaivable rights you may have under laws in your jurisdiction governing the sale of consumer goods, including, without limitation, national laws implementing EC Directive 99/44.
The foregoing warranties and remedies are exclusive and in lieu of all other warranties, terms or conditions, express, implied or statutory, as to any matter whatsoever, including without limitation, warranties of merchantability, fitness for a particular purpose, accuracy, satisfactory quality, title, and non-infringement, all of which are expressly disclaimed by Akoni to the fullest extent possible by law. Akoni shall not be liable for incidental, consequential, indirect, special or punitive damages or liabilities of any kind arising out of or in connection with the sale or use of the product, whether based in contract, tort (including negligence), strict product liability or any other theory, even if Akoni has been advised of the possibility of such damages and even if any limited remedy specified herein is deemed to have failed of its essential purpose. Akoni’s entire liability shall be limited to replacement, repair or return of the purchase price paid, at Akoni’s sole option.
Some countries, states, or provinces do not allow the exclusion or limitation of implied warranties or the limitation of incidental or consequential damages, so the above limitations and exclusions may be limited in their application to you. When implied warranties may not be excluded in their entirety, they will be limited to the duration of the applicable written warranty. This limited warranty gives you specific legal rights; you may have other rights that may vary depending on local law. Your statutory rights are not affected.
Except as otherwise prohibited by law, any Dispute BETWEEN YOU AND AKONI shall be settled exclusively and finally by binding non-judicial arbitration under the Swiss Rules of International Arbitration set forth by SCAI – Swiss Chambers’ Arbitration Institution – (“Rules”) or its successor, by one or more arbitrators appointed in accordance with said Rules. The seat of arbitration shall be Lugano, Switzerland. Proceedings shall be conducted in the English language and result in a written statement of the facts and legal reasoning supporting the decision of the arbitrator(s) at the request of either party. Judgment on the award of the arbitrator(s) may be entered by any court having jurisdiction to do so. Any disputes arising out of or relating to the interpretation of or application of these arbitration provisions, including the scope, enforceability, revocability or validity hereof, shall also be subject to arbitration in accordance with this binding arbitration provision. This Binding arbitration provision shall be binding on and inure to the benefit of the parties and their respective permitted successors and assigns. The failure or refusal of either party to submit to arbitration as required above will constitute a material breach of this Agreement. If judicial action is commenced in order to compel arbitration, and if arbitration is in fact compelled, the party that resisted arbitration will be required to pay to the other party all costs and expenses, including, without limitation, reasonable attorneys' fees and costs, that they incur in compelling arbitration. Until the arbitrators’ award is issued, each respective side shall bear their own counsel and advisor fees, and the out-of-pocket costs of the arbitrator(s) and the arbitration shall be shared equally by the parties to such arbitration; provided, however, that the arbitrator shall reallocate those fees and costs in favor of the prevailing party in the arbitrator’s award.
If you have any questions concerning Akoni’s limited warranty or need to request an RMA#, then please contact Akoni by email at email@example.com for assistance.