52 Wash Terms and Conditions - Limited Product Warranty

LIMITED PRODUCT WARRANTY

Limited Warranty Coverage.  KRAKATOA INTERNATIONAL, INC. warrants to the owner of the enclosed KRAKATOA INTERNATIONAL, INC. branded product contained in this box (the “Product”), that the Product will be free from defects in material and workmanship under normal use for a period of one (1) year from the date of delivery following the original retail purchase of the Product (the “Warranty Period”).  If the Product fails to conform to the Limited Warranty, KRAKATOA INTERNATIONAL, INC. will, at its option and sole discretion, either: (a) repair or replace any defective Product (or component thereof); or (b) accept the return of the Product and refund the purchase price actually paid by the original purchaser for the Product.  Repair or replacement may be made with a new or refurbished product or components, at KRAKATOA INTERNATIONAL, INC.’ sole discretion. If the Product or a component incorporated within it is no longer available, KRAKATOA INTERNATIONAL, INC. may, at KRAKATOA INTERNATIONAL, INC.’ sole discretion, replace the Product with a similar product of similar function.  The foregoing states your sole and exclusive remedy, and KRAKATOA INTERNATIONAL, INC.’ sole and exclusive obligation, for breach of this Limited Warranty.

Any Product that has either been repaired or replaced under this Limited Warranty will be covered by the terms of this Limited Warranty for the longer of (i) ninety (90) days from the date of delivery of the repaired Product or replacement Product, or (ii) the remaining Warranty Period.  This Limited Warranty extends only to the original purchaser (and not to any subsequent purchasers or third parties).

How to Make a Claim; Warranty Conditions and Obligations.  To make a claim under this Limited Warranty, the owner of the Product must (a) contact KRAKATOA INTERNATIONAL, INC. at support@krakatoaunderwear.com during the Warranty Period to provide notice of your warranty claim and describe the alleged failure, and (b) comply with KRAKATOA INTERNATIONAL, INC.’ return shipping instructions and other reasonable requirements in connection with such claim, including, without limitation, obtaining a RMA from KRAKATOA INTERNATIONAL, INC..  KRAKATOA INTERNATIONAL, INC. will have no warranty obligations with respect to a returned Product if it determines, in its reasonable discretion after examination of the returned Product, that the Product is an Ineligible Product (defined below in Section 3). KRAKATOA INTERNATIONAL, INC. will bear all costs of return shipping to owner and will reimburse any shipping costs incurred by the owner, except with respect to any Ineligible Product, for which the owner will bear all shipping costs.

Exclusions to the Limited Warranty.  This Limited Warranty does not cover the following (“Ineligible Products”): A “defective" and/or “damaged” Product does not include (1) natural variances in the Product, including but not limited to stitching, slight differences in color or print, or appearing slightly different in person as compared to a photograph on the computer; (2) damage caused by, pilling, stains of any kind, and/or deliberate attempts to damage the product; (3) defects or damages arises from a customer’s failure to adhere to applicable use and/or care guidelines; or (4) defects or damages resulting from your, or any third party’s misuse, abuse, negligence, or improper or unauthorized use of the Products.

Disclaimer.  EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KRAKATOA INTERNATIONAL, INC. DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KRAKATOA INTERNATIONAL, INC. ALSO LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY.

Limitation of Damages.  IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL KRAKATOA INTERNATIONAL, INC. BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, OR FOR ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE PRODUCT, AND KRAKATOA INTERNATIONAL, INC.’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY OR THE PRODUCT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PRODUCT BY THE ORIGINAL PURCHASER.

Your Consumer Rights and Remedies.  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. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction and you may wish to contact a relevant consumer advisory service.