ACLIM8 (“ACLIM8”) is committed to providing its customers with quality products. This international Life Time warranty, covers the repair of your COMBAR™ product (“the Product”) in the unlikely event of a manufacturing defect in materials or workmanship, within the warranty period. ACLIM8 provides this warranty solely to the original and direct purchaser of the COMBAR™ to which this warranty is attached (the “Purchaser” and “Product” respectively) and only after the direct purchaser successfully finalized the warranty activation process. ACLIM8™ provides no such warranty to any other third parties. No distributor, agent, representative, employee, installer or any other person is authorized to make, modify or change this limited warranty provided by ACLIM8™ and/or make any other warranty and/or representation on behalf of ACLIM8™ with respect to the warranted Product.
ACLIM8™ warrants that the Product shall be free from defects in design, materials and workmanship for a Life Time from the actual delivery to Purchaser (the “Warranty Period”). This warranty shall only apply provided that (i) the Product was utilized solely for its intended purpose and was operated, maintained and used strictly in accordance with ACLIM8 User Guide supplied with the Product (“the User Guide”) or at ACLIM8™ official internet site; and (ii) the defective Product has been returned to ACLIM8™ within the Warranty Period (or the Purchaser has provided ACLIM8™ within such period with sufficient evidence, as required by ACLIM8, of the defective Product) and by ACLIM8™ RMA (Return Merchandise Authorization) policy. This warranty does not cover saw, knife, sheaths, accessories, imprinting, color finishes, cleaning, or sharpening (saw, knife, sheaths and accessories will not be returned). Product should be sent via an insured and trackable service where delivery confirmation can be obtained if necessary.
Without derogating from the above, this limited warranty: (a) shall be void unless the Product has been paid for in full to ACLIM8™; (b) covers only proven manufacturing defects and does not apply to product subjected to damage due to improper storage, misuse or physical or chemical abuse or exposure, exposure to chemicals, mishandling, abnormal use, or if the Products have been subject to neglect or abuse, wilful damage, negligence, abnormal working conditions or misuse or alteration or repair of the Product without ACLIM8™’s written approval.
The liability of ACLIM8™, as defined above, shall be limited solely to the replacement or repairmen of the defective Product or any part thereto, or to the repair of such Product, at ACLIM8™’s sole discretion. When a defect in a part of the Product has been remedied, the repaired or replaced parts shall be deemed to be part of the Product and ACLIM8™ shall be liable for defects therein until the end of the Warranty Period (as was effective for the entire Product). Any defective part, which is replaced byACLIM8™, shall thereupon becomeACLIM8™ sole property. ACLIM8 will not be liable for any Product and/or transportation costs and/or loss of profit and/or any other related expenses, by the Purchaser or any other party in respect of any warranty claim. Purchaser shall be responsible for and shall perform all labour required in connection with this warranty described herein (excluding labour associated with the repair or replacement of Product at ACLIM8™’s facilities), including labour required to inspect the Product on customers’ premises and to ship Product to ACLIM8™. Purchaser shall be responsible for and pay all freight, insurance, import/export and other shipping-related charges to ACLIM8 for all warranty repairs. Product returned to ACLIM8™ by Purchaser must be delivered by the Purchaser to ACLIM8™’s facility or such other location as ACLIM8™ may designate. ACLIM8™ shall be responsible for and pay all freight, insurance and other shipping-related charges to return repaired Product to Purchaser, except in the event that ACLIM8™ determines that any Product returned for warranty repair is not defective, then Purchaser shall pay such charges. THE FOREGOING IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, GUARANTEES, PROMISES, OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY OF QUALITY, WHETHER EXPRESSED OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL DUTIES, LIABILITIES (INCLUDING IN NEGLIGENCE), CONDITIONS AND WARRANTIES ON THE PART OF ACLIM8TM ARE HEREBY EXCLUDED, EXCEPT TO THE EXTENT THAT THESE ARE EXPRESSLY SET OUT IN THIS LIMITED WARRANTY OR ARISE UNDER STATUTE AND CANNOT BE EXCLUDED. ANY IMPLIED WARRANTY WHICH IS NOT EXCLUDED HEREBY, DUE TO OPERATION OF LAW, IS LIMITED TO THE DURATION OF THE EXPRESS WARRANTY PROVIDED FOR THE PRODUCT WARRANTED. EXCEPT TO THE EXTENT EXPRESSLY REQUIRED BY APPLICABLE LAW, ACLIM8TM WILL NOT BE LIABLE TOWARDS THE PURCHASER OR ANY THIRD PARTY UNDER ANY LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT OR CONTRACT) FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, REGARDLESS OF THE CAUSE OF SUCH DAMAGE, EVEN IF ACLIM8 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The warranty provided herein is limited to the value of the Product. ACLIM8 is not responsible for damage caused in whole or in part by force majeure, accidents, third party’s acts or omission and/or by site conditions. Inspect your Product immediately after handling by anyone other than you. Some states do not allow the exclusion or limitation of incidental damages, so the above limitations or exclusions may not be applicable. ACLIM8™ shall not be liable for default of or any damages caused by its vicarious agents or auxiliary persons or any other third parties (e.g. suppliers etc.).
All warranty claims must be received byACLIM8™ at firstname.lastname@example.org within thirty (30) days after the Purchaser learns of the facts upon which the claim is based and within the Warranty Period set forth above. Otherwise, such warranty claim shall be deemed waived. Purchaser shall cooperate with ACLIM8™’s or its authorized agents in the inspection of the Product that was claimed to be defective, and will assist ACLIM8™ in performing its obligations under this warranty.
It is the responsibility of the Purchaser to thoroughly inspect the Product upon its receipt and to notify ACLIM8™ in writing of evident defect promptly upon its discovery, by defining the defect in detail and declaring which claims are asserted. ACLIM8™’s authorized agents must be permitted sufficient time and opportunity to inspect and examine the Product that was claimed to be defective in order to evaluate and respond to any warranty claim.
This limited warranty shall be exclusively governed by the laws of the State of Israel and be subject to the exclusive jurisdiction of the courts of Tel Aviv, Israel to resolve any dispute arising out of or pursuant to this limited warranty. No term or condition other than those stated herein and no agreement or understanding, whether oral or written, in any way purporting to modify or change this limited warranty shall be binding upon ACLIM8™, unless made in writing and signed by and official signatory of ACLIM8.