OCASE (KO COMMERCENINJA LTD 77, strovolou, strovolou center, 2nd floor, off.20, 2018 strovolos, nicosia, cyprus) ( hereinafter called the “SELLER”) warrants that the equipment and equipment parts manufactured by Seller (the "Product”) and sold or provided to the first end user ("BUYER”) are produced according to usual practices, customs, standards, specifications and tolerances of trade prevailing in the country of origin at the time of production and shall, subject to the limitations and exclusions set forth below, be free from defects in design, material, and workmanship.
This Limited Warranty becomes effective only if BUYER completely purchase OUR products and comply with the procedure set forth in Section 3 herein.
By Purchasing our products and services such as (Protective bags, carry cases, preserving cases for small delicate devices, luxury casings, etc, BUYER is presumed to having fully read and understood the SELLER’s LIMITED WARRANT.
INSTALLATION, PAYMENT AND MAINTENANCE REQUIREMENTS
This Limited Warranty applies only to the followings:
The LIMITED WARRANTY is only provided for products that are our branded products or products that customers bought directly from us (our online store or through our on online marketplaces like Amazon, eBay, etc’) and not inclusive of the content contained in other products that was manufactured or sold by other company, manufacture, or person.
The Product is used properly and is operated in accordance with the terms contained in this warranty.
The Product is not misused or abused, and there is no evidence of mishandling, neglect, modification or repair without the approval of SELLER, or damage done to the Product by anyone other than SELLER;
The buyer is the first end user of the Product;
All other Sections of this Limited Warranty are complied with.
PROCEDURE FOR OBTAINING WARRANTY SERVICE
For the Limited Warranty to apply, BUYER must completely fill out the online form on our website, send an email to the SELLER with original proof of purchase, order number within the Warranty Period (defined in Section 5) and within ten (10) days of the date, BUYER discovered the alleged defect. Notwithstanding the foregoing, in the event that;
SELLER determines, in its sole discretion, that BUYER reasonably should have discovered the alleged defect before its actual discovery, this Limited Warranty shall not apply.
At SELLER’s option, BUYER must ship the defective Product to SELLER’s address set forth in this Limited Warranty with mailing or shipping charges prepaid. The procedure described in this Section 3 shall hereinafter be referred to as the "Warranty Claim Procedures”. BUYER shall bear all expenses associated with returning the Product to SELLER, including, without limitation, the costs of shipment, import taxes, duties and tariffs if applicable. If SELLER determines that the returned Product is covered by the Limited Warranty, SELLER agrees to cover all expenses of returning any repaired or replaced Product to BUYER.
WARRANTY SERVICES PROVIDED
If the Product is proved to SELLER’s satisfaction to be defective, within the Warranty Period (defined in Section 5), SELLER’s obligations under this Limited Warranty shall be limited to either repairing or replacing the Product, at SELLER’s sole discretion, and only if such defect was caused solely by defective design, workmanship and/or materials. Such refund of the order, repair or replacement shall be SELLER’s sole obligation and BUYER’s exclusive remedy hereunder and shall be conditioned upon BUYER’s fulfilling its obligations under SELLER’s Warranty Claim Procedures.
This Limited Warranty of the Product applies for twelve (12) months from the date the Product is sold, to the first end user (the "Warranty Period”). The Warranty Period shall not be tolled for any reason. No action by SELLER or BUYER shall operate to extend or revive this Limited Warranty without the prior written consent of SELLER.
EXCLUSIONS FROM WARRANTY
The following is not included under this Limited Warranty:
Scratches, dents, marks or another visible surface wear on the Product, unless SELLER is notified as soon as the Product is received by the BUYER;
Normal wear and tear from everyday use;
Misuse or abuse by the BUYER;
Physical damage to the Product as a result of tampering, mishandling, neglect, accidental damage, modification or repair without the approval of SELLER, unreasonable use and/or negligence of the BUYER whether foreseeable by SELLER or not;
Items, equipment, goods, devices, products, and components not sold by SELLER;
Seals, friction plates, brake linings, wires, exterior coatings, bolts, nuts, fittings, paint;
Damage to Products caused by the carrier during shipping;
Deterioration resulting from age, storage, weathering, lack of use;
Continued Product use after an alleged defect is discovered or should reasonably have been discovered;
Improper installation of any kind from persons other than SELLER or authorized SELLER personnel; and,
Duty, taxes, environmental fees, including without limitation, disposal or handling of batteries and accessories.
SELLER expressly reserves the right to inspect the Product and its components, parts, and BUYER’s installation, use, maintenance, and any other activity or inactivity of the BUYER, when determining whether an alleged Product defect is covered by the Limited Warranty.
LIMITATIONS ON WARRANTY; DISCLAIMER OF WARRANTIES
This Limited Warranty is provided by SELLER, and it contains the only express warranty provided to BUYER by SELLER. SELLER does not authorize any other person, including distributors, to give any other warranties on SELLER's behalf.
SELLER DISCLAIMS ANY EXPRESS WARRANTY NOT PROVIDED HEREIN AND ANY IMPLIED WARRANTY, GUARANTY OR REPRESENTATION AS TO PERFORMANCE, QUALITY AND ABSENCE OF HIDDEN DEFECTS, AND ANY REMEDY FOR BREACH OF CONTRACT, WHICH BUT FOR THIS PROVISION, MIGHT ARISE BY IMPLICATION, OPERATION OF LAW, CUSTOM OF TRADE OR COURSE OF DEALING, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER FURTHER DISCLAIMS THAT THEY ARE NOT RESPONSIBLE FOR PRODUCTS OF OTHER MANUFACTURERS OTHER THAN THE PRODUCT AND SERVICES OF THE SELLER. FURTHER DISCLAIMS ANY RESPONSIBILITY FOR LOSSES, EXPENSES, INCONVENIENCES, SPECIAL, INDIRECT, SECONDARY OR CONSEQUENTIAL, INCIDENTAL, AND CONTINGENT DAMAGES WHATSOEVER, INCLUDING DAMAGES ARISING FROM OWNERSHIP OR USE OF PRODUCT.
Notwithstanding other provisions contained herein, BUYER agrees to be bound by the jurisdiction of court in Cyprus regarding Implied warranties, hence, BUYER may not file a court action based on that claim any later than one (1) year after BUYER’s right to file a court action accrues.
SELLER’S LIMITATION OF LIABILITY
SELLER’s liability with respect to the Product sold to BUYER shall be limited to the warranty provided herein. SELLER SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES, WHETHER ARISING OUT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHER THEORIES OF LAW, WITH RESPECT TO PRODUCTS SOLD OR SERVICES RENDERED BY SELLER, OR ANY UNDERTAKING, ACTS OR OMISSIONS RELATING THERETO.
Without limiting the foregoing, SELLER SPECIFICALLY DISCLAIMS ANY LIABILITY FOR PROPERTY OR PERSONAL INJURY DAMAGES, PENALTIES, SPECIAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS OR REVENUES, SERVICES, DOWN TIME, SHUT DOWN OR SLOW DOWN COSTS, OR FOR ANY OTHER TYPES OF ECONOMIC LOSS, AND FOR CLAIMS OF BUYER’S CUSTOMERS OR ANY THIRD PARTY FOR ANY SUCH DAMAGES. SELLER SHALL NOT BE LIABLE FOR AND DISCLAIMS ALL CONSEQUENTIAL, INCIDENTAL AND CONTINGENT DAMAGES WHATSOEVER.
SELLER NEITHER ASSUMES NOR AUTHORIZES ANY THIRD PARTY TO ASSUME FOR IT, ANY COMMITMENT OR ASSUMPTION OF LIABILITY OF ANY KIND IN CONNECTION WITH ITS PRODUCTS.
Any description of the Product, whether in writing or made orally by SELLER or SELLER’s agents, specifications, samples, models, bulletins, drawings, diagrams or similar materials used in connection with BUYER’s order, are for the sole purpose of identifying the Product and shall not be construed as an express warranty. Any suggestions by SELLER or SELLER’s agents regarding use, application, or suitability of the Product shall not be construed as an express warranty unless confirmed in writing by SELLER .