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WARRANTY TERMS AND CONDITIONS
Thank you for purchasing an AirVape product. To ensure you make the most of your AirVape investment and experience, we provide a Limited Lifetime Warranty (“Limited Warranty”). Please carefully read Apollo Design & Tech (“Apollo”) warranty terms and conditions below as they explain eligibility requirements and limitations and exclusions.
1. Product Registration.
To be eligible for our Limited Lifetime Warranty, you must register online at: https://airvapeusa.com/pages/warranty-registration within 30 days of purchase from AirVape or an Authorized Reseller. Online authorized resellers will be equipped with a reseller number.
You will also be required to upload a copy of the original receipt(excluding units purchased directly from Airvapeusa.com). If you are a gift recipient of an AirVape, the original purchaser is required to send proof of purchase to firstname.lastname@example.org and your name within one week (7 calendar days) of your registration of warranty.
2. Warranty Period.
The Limited Warranty period covers the lifetime of Apollo’s AirVape (“Product”) from the date of original retail purchase (“Warranty Period”). This Limited Warranty covers the unit (exclusive of battery) only. The Product may consist of several different parts that may be covered by different warranty periods. If battery needs replacement within six (6) months of purchase, the purchaser will only be charged the standard shipping + handling fee of $19.99. After six (6) months from purchase date, upon request, battery replacement is available for $39.99 (shipping + handling included) at any time. To the extent allowed by the laws and regulations in the country of purchase, the Warranty Period cannot be renewed, extended, transferred, or otherwise affected due to subsequent resale, replacement, or donation of the Product. Only the registered product owner is eligible for replacement or repair of the Product under this Limited Warranty.
3. Coverage Details.
The Limited Warranty only covers the original end-user purchaser and is non-transferable. In the event the Product is purchased as a gift; the online registrant will be deemed the original end-user purchaser under these terms. The Limited Warranty is only valid and enforceable in the country of purchase. The end-user purchaser is covered by consumer protection laws or regulations in the country of purchase; the benefits conferred by Apollo’s Limited Warranty are in addition to all rights and remedies conveyed by such consumer protection laws and regulations. This Warranty is only valid and enforceable in the country of purchase, provided Apollo intended the product for sale in that country.
The Warranty covers any defects in material or workmanship under intended use during the Warranty Period. This Limited Warranty applies only to Products manufactured by Apollo that can be identified by the "AirVape" trademark, trade name, or logo affixed to them.
4. Warranty Request.
If you wish to make a claim under this Limited Warranty, you must contact us by sending an email to email@example.com, or calling our customer service (local or international telephone charges may apply) with your warranty registration, to receive a return merchandise authorization (“RMA”) number. This RMA number must be included when you return the product or affected component (if not the entire product). Information about Apollo can be found in the product manual, or on the Airvapeusa.com website.
If the Product is deemed ineligible or the Limited Warranty is otherwise considered void under these terms and conditions, we reserve the right to charge a handling fee up to $39.99.
5. Cleaning and Shipping.
When sending the Product to us for warranty service, please follow this procedure to clean your unit to ensure your warranty will remain valid and enforceable.
- Remove the canisters or screens from the chambers.
- Clean the chambers until holes are not clogged. You can use a Q-tip soaked in alcohol to remove all residue or excess material.
- Use the Cleaning Tool or a Q-Tip to clean the mouthpiece and airpath until all residue is removed.
- Clean the exterior of the unit gently with an alcohol (ISO) prep-pad.
- Ship the unit with a secure wrap or in its original box with a copy of the original receipt.
You are responsible for shipping the unit to us for warranty service. Customers will be charged a shipping + handling fee for the new or serviced Product. Please make sure the Product is safely wrapped and the package is impact resistant. It is advisable to insure the package and obtain a tracking number. We will not be responsible for lost or stolen packages.
6. Repairs and Replacement.
Apollo will, in a commercially reasonable time, repair or replace the Product or any of its parts that manifests a defect under intended use and maintenance for a standard shipping + handling fee.
If a defect exists, at its option Apollo will (1) repair the product, using new or refurbished replacement parts, or (2) exchange the product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product. We do not offer refunds as an alternative to repairing or replacing the Product. Your Product may contain country specific elements. If the Product has been re-exported from its original destination country to another country, the Product may contain country specific elements that are not considered to be a defect under this Limited Warranty. A replacement product/part assumes the remaining warranty of the original product. When a product or part is exchanged, any replacement item becomes your property and the replaced item becomes Apollo's property. If the model has been discontinued, Apollo reserves the right to replace the unit with the next generation of the product.
7. Exclusions to Warranty.
- This Limited Warranty does not cover user manuals or any third-party manuals, whether downloaded or included during shipping or at any other time in the delivery chain or otherwise and in any way acquired by you.
- This Limited Warranty does not cover: a) normal wear and tear; b) defects caused by rough handling (including, without limitation, defects caused by sharp items, by prolonged exposure to the sun, by water damage, by bending, compressing or dropping, etc.); or c) defects or damage caused by misuse of the Product, including use that is contrary to the instructions provided by Apollo (e.g. as set out in the Product's user guide); and/or e) other acts beyond the reasonable control of Apollo.
- This Limited Warranty does not cover defects or alleged defects caused by the fact that the Product was used with, or connected to, any product, accessory and/or service not manufactured, or supplied by Apollo or was used otherwise than for its intended use.
- This Limited Warranty is not enforceable and is void if purchased from an online reseller with a listing price of the Product that is less than the manufacturers’ suggested retail price (authorized sales, discount codes, and/or discounts excluded).
- This Limited Warranty is not enforceable and is void if the Product has been opened, dismantled, modified or repaired by anyone other than Apollo service center, if it is repaired using unauthorized spare parts or if the Product's date code has been removed, erased, defaced, altered or are illegible in any way and this shall be determined at the sole discretion of Apollo.
- This Limited Warranty is not enforceable and is void if the Product has been exposed to moisture, to dampness or to extreme thermal or environmental conditions or to rapid changes in such conditions, to corrosion, to oxidation, to spillage of food or liquid or to influence from chemical products.
- This Limited Warranty is not enforceable and is void if the Product is returned to the Apollo service center and has plant material in any devices, spare parts or accessories.
- This Limited Warranty is not enforceable and is void if the Product is damaged in any way due to incorrect cleaning and maintenance.
- This Limited Warranty does not include accessories and consumable spare parts (whether included in the device sales package or sold separately) unless otherwise stated.
- This Limited Warranty is not enforceable if the Product is sold through an unauthorized third-party seller. All Authorized Resellers have a unique seller code provided.
- This Limited Warranty is not enforceable for lost or stolen packages.
8. Non-Authorized Online Resellers and Counterfeit Products.
The battle to combat the dissemination of counterfeit devices is a laborious process and discovery often occurs months or years after purchase. Due to widespread issues with counterfeit products being sold on sites such as eBay, Craigslist, Amazon, and Alibaba we cannot offer any warranty or services for products bought on these sites. This policy applies to all unauthorized online resellers. Products purchased from an online third-party seller, other than an Authorized Reseller, voids any Limited Warranty under these terms.
Please note that you are solely responsible for determining whether any online third-party reseller from whom you purchased an Apollo product is an Authorized Reseller. Look for an AirVape Reseller Badge on their online listing.
While Apollo is sympathetic and would like to help victims of counterfeiting, we are not able to reimburse money used to purchase infringing or counterfeit goods, nor do we assist with the resolution of disputes. You should contact your payment provider regarding any fraud protection coverage or refund policy regarding your purchase from the third-party vendor.
9. Return Policy.
Before you place an order please carefully research the product you are interested in. Our policy only states that refunds are only available for new and unused devices purchased on airvapeusa.com within thirty (30) days.
Please note that we do not process refunds for used items due to sanitary purposes.
Devices purchased through Authorized Online Resellers and/or Physical Stores cannot be refunded by Apollo Design & Tech. You must contact the authorized reseller regarding its return policy.
10. Limitation of Liability.
THIS LIMITED WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. Apollo Design & Tech, and its officers, directors, employees, shareholders or agents (“Indemnified Parties”) SPECIFICALLY DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF APOLLO and indemnified parties CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THIS LIMITED WARRANTY. No Apollo Vaporizer, Inc. reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty.
APOLLO Design & Tech and indemnified parties ARE NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST USE OF PRODUCT OR FUNCTIONALITY, DOWNTIME, GOODWILL, LOST BUSINESS, LOST CONTRACTS, INCREASED COSTS OR EXPENSES, LOSS OF PRODUCT DURING SHIPPING TO APOLLO FOR WARRANTY SERVICE. APOLLO DOES NOT REPRESENT THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THIS WARRANTY.
To the extent allowed by applicable law, any claim or cause of action arising from or relating to this Limited Warranty must be brought within six months (6) from the date on which such claim or action arose.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, APOLLO Design & Tech and indemnified parties MAXIMUM LIABILITY PURSUANT TO THIS LIMITED WARRANTY, OR ANY OTHER EXPRESS OR IMPLIED WARRANTY, IS LIMITED TO THE PURCHASE PRICE YOU PAID FOR THE PRODUCT. Some states and provinces do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary by state or province.
11. Governing Law and Venue; Arbitration.
To the full extent permitted under applicable local law, this Limited Warranty and any disputes arising out of or in connection with this Limited Warranty (“Disputes”) shall be governed by the laws of the State of California, USA, excluding conflicts of law principles and excluding the Convention for the International Sales of Goods. The courts located in Los Angeles County, California, USA, shall have exclusive jurisdiction over any Disputes. You agree that any small claims brought in court, shall be limited solely to claims brought in small claims court, in Los Angeles County, USA.
YOU HEREBY AGREE THAT ALL OTHER CLAIMS, NOT OTHERWISE BROUGHT IN A SMALL CLAIMS COURT AS PROVIDED HEREIN, REGARDING ANY DISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO THIS LIMITED WARRANTY, REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION in accordance with the Comprehensive Arbitration Rules ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES AND SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES. CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE. The arbitration shall take place in the County of los angeles, California, USA, in the English language. ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT (OTHER THAN SMALL CLAIMS COURT) BEFORE EITHER A JUDGE OR JURY. THE ARBITRATOR WILL HAVE NO AUTHORITY TO AWARD ANY JUDGMENT THAT CONFLICTS WITH THE TERMS OF THIS LIMITED WARRANTY.
YOU FURTHER AGREE THAT YOU WILL NOT BE ABLE TO BRING A CLASS ACTION OR OTHER REPRESENTATIVE ACTION (SUCH AS AN ACTION IN THE FORM OF A PRIVATE ATTORNEY GENERAL) TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY AGAINST APOLLO Design & Tech and indemnified parties; NOR WILL YOU BE ABLE TO PARTICIPATE AS A CLASS MEMBER IN A CLASS ACTION OR OTHER REPRESENTATIVE ACTION TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY.
12. Waiver and Sever-ability.
No waiver by Apollo of any term or condition in this Limited Warranty will be deemed a further or continuing waiver of such term or condition, or a waiver of any other term. If any provision of this Limited Warranty is unlawful, void or unenforceable, that provision shall be deemed severable and shall not affect any remaining provisions.
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