Last Updated: November 14, 2023
IMPORTANT: BY USING OMNICHARGE PRODUCT ACQUIRED FROM OMNICHARGE, INC. OR ITS AFFILIATES (COLLECTIVELY, "OMNICHARGE") YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONE (1) YEAR LIMITED WARRANTY ("WARRANTY") AS SET OUT BELOW. DO NOT USE YOUR OMNICHARGE PRODUCT UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY, AND YOU ACCEPT ITS TERMS AND CONDITIONS, INCLUDING THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS THEREIN.IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE PRODUCT AND RETURN IT TO PLACE OF PURCHASE WITHIN THE RETURN PERIOD STATED IN OMNICHARGE'S REFUND POLICY.
HOW CONSUMER LAW RELATES TO THIS WARRANTY
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). OTHER THAN AS PERMITTED BY LAW, OMNICHARGE DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE.
WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. OMNICHARGE DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT AND COMPATIBILITY. These disclaimers of implied warranties do not apply if such warranties cannot be lawfully disclaimed under the applicable laws of the customer's jurisdiction. In such cases, the duration and scope of any implied warranties shall be limited to the maximum extent permitted by the applicable law.
WHAT IS COVERED BY THIS WARRANTY?
Omnicharge warrants the Omnicharge-branded hardware product and Omnicharge-branded accessories contained in the original packaging ("Omnicharge Product") against defects in materials and workmanship when used normally in accordance with Omnicharge's Published Guidelines. This warranty is valid for a period of ONE (1) YEAR ("Warranty Period") from the date of delivery of the Omnicharge Product to the purchaser. Omnicharge's "Published Guidelines" include but are not limited to information contained in technical specifications, quick start guides, user manuals, and service communications published or authorized by Omnicharge.
WHAT IS NOT COVERED BY THIS WARRANTY?
Omnicharge is not responsible for damage arising from failure to follow instructions relating to the Omnicharge Product's use.
THIS WARRANTY DOES NOT APPLY: (A) TO CONSUMABLE PARTS, SUCH AS BATTERIES THAT ARE DESIGNED TO DIMINISH OVER TIME, UNLESS FAILURE HAS OCCURRED DUE TO A DEFECT IN MATERIALS OR WORKMANSHIP; (B) TO COSMETIC DAMAGE, INCLUDING BUT NOT LIMITED TO SCRATCHES, DENTS AND BROKEN PLASTIC ON PORTS UNLESS FAILURE HAS OCCURRED DUE TO A DEFECT IN MATERIALS OR WORKMANSHIP; (C) TO DAMAGE CAUSED BY USE WITH ANY THIRD PARTY COMPONENT OR PRODUCT THAT DOES NOT MEET THE OMNICHARGE PRODUCT'S SPECIFICATIONS (OMNICHARGE PRODUCT SPECIFICATIONS ARE AVAILABLE AT WWW.OMNICHARGE.CO UNDER THE TECHNICAL SPECIFICATIONS FOR EACH PRODUCT AND/OR IN THE PRODUCT MANUAL); (D) TO DAMAGE CAUSED BY ACCIDENT, ABUSE, MISUSE, FIRE, LIQUID CONTACT, EARTHQUAKE OR OTHER EXTERNAL CAUSE BEYOND OMNICHARGE'S CONTROL; (E) TO DAMAGE CAUSED BY OPERATING THE OMNICHARGE PRODUCT OUTSIDE OMNICHARGE'S PUBLISHED GUIDELINES; (F) TO DAMAGE CAUSED BY SERVICE (INCLUDING UPGRADES) PERFORMED BY ANYONE WHO IS NOT A REPRESENTATIVE OF OMNICHARGE; (G) TO AN OMNICHARGE PRODUCT THAT HAS BEEN MODIFIED TO ALTER FUNCTIONALITY OR CAPABILITY; (H) TO DEFECTS CAUSED BY NORMAL WEAR AND TEAR OR OTHERWISE DUE TO THE NORMAL AGING OF THE OMNICHARGE PRODUCT; OR (J) IF OMNICHARGE RECEIVES INFORMATION FROM RELEVANT PUBLIC AUTHORITIES THAT THE PRODUCT HAS BEEN STOLEN OR YOU CANNOT PROVE IN ANY WAY THAT YOU ARE THE AUTHORIZED USER OF THE PRODUCT (E.G. BY PRESENTING PROOF OF PURCHASE).
Furthermore, the Warranty provided herein shall not apply to any damage, malfunction, or other issues arising from the use of Omnicharge Products purchased for resale or rental to third parties unless otherwise agreed under the Power-as-a Service (PaaS) solution Omnicharge offers.
If you are unsure about whether the warranty applies to your specific situation or if you are interested in Omnicharge's PaaS solution for rental services, please contact support@omnipower.com.
YOUR RESPONSIBILITIES
Before receiving warranty service, Omnicharge or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow Omnicharge's procedures for obtaining warranty service. Following warranty service your Omnicharge Product or a replacement device will be returned to you as your Omnicharge Product was configured when originally purchased, subject to applicable updates.
WHAT WILL OMNICHARGE DO IN THE EVENT OF A WARRANTY CLAIM ?
If, during the Warranty Period, you submit a claim to Omnicharge in accordance with this warranty, Omnicharge will, at its option: (i) repair the Omnicharge Product using new or previously used parts that are equivalent to new in performance and reliability, (ii) replace the Omnicharge Product with the same model (or with your consent a product that has similar functionality) formed from new and/or previously used parts that are equivalent to new in performance and reliability. When an Omnicharge Product or part is replaced, any replacement item becomes your property and the replaced item becomes Omnicharge's property. We strongly suggest you to review the online help resources or contact us at support@omnicharge.co before submitting a claim.
WARRANTY SERVICE OPTIONS
WARRANTY SERVICE OPTIONS Omnicharge will be responsible for shipping to the customer after repair/replacement ONLY. The customer is responsible for all shipping/handling charges related to returning the product to Omnicharge. Products must be shipped in their original packaging or otherwise suitably protected to avoid damage during shipping. Omnicharge will not be responsible for any damage incurred during shipment. Omnicharge will only be responsible for packages that are verified as having been received into our warehouse via a shipment tracking number provided by the customer's shipping company. Omnicharge reserves the right to change the method by which Omnicharge may provide warranty service to you, and your Omnicharge Product's eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country. You may be responsible for shipping and handling charges if the Omnicharge Product cannot be serviced in the country it is in. If you seek service in a country that is not the original country of purchase, you must comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. Where international service is available, Omnicharge may repair or replace Omnicharge Products and parts with comparable Omnicharge Product and parts that comply with local standards.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, (A) OMNICHARGE IS NOT RESPONSIBLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; OR LOSS OF REPUTATION HOWSOEVER CAUSED, AND (B) UNDER NO CIRCUMSTANCES WILL OMNICHARGE'S AGGREGATE LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE OMNICHARGE PRODUCT, REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE TOTAL AMOUNTS PAID YOU PAID TO ACQUIRE THE OMNICHARGE PRODUCTS. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. OMNICHARGE DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY OMNICHARGE PRODUCT UNDER THIS WARRANTY. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
GENERAL
No Omnicharge reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This Warranty is governed by and construed under the laws of the country in which the Omnicharge Product purchase took place.
