ULIKE PRODUCT WARRANTY

 

1. SCOPE OF WARRANTY

 

1.1 ULIKE (HK)LIMITED (“Ulike”, “we”, “us” or “our”) warrants the Ulike-branded products contained in the original packaging (“Products”) against defects in materials and workmanship when used normally in accordance with the operating instructions applicable to such Products for a period of [two (2)] years from the date of original retail purchase by the end-user purchaser (“Consumer”, “you” or “your”) as documented by valid proof of purchase (“Warranty Period”) in accordance with the terms and conditions of this document (“Warranty”).

 

2. WARRANTY SERVICE

 

2.1 If the Warranty for your Product is breached during the Warranty Period, Ulike will, at its option, provide one of the following warranty services to you (“Warranty Service”):

 

(a) replace your Product with a Product of the same model (or with your consent, a product that has the same or substantially similar features as the original Product); or

 

(b) refund you the purchase price you paid for the Product.

 

2.2 Ulike will retain defective parts, modules or equipment.

 

2.3 Repaired or replaced Products will be covered by this Warranty for the remaining term of the Warranty Period without extension.

 

2.4 Before providing Warranty Service to you, Ulike or its agents may require you to show valid proof of purchase (including but not limited to the order number of that purchase). Ulike may refuse to provide Warranty Service to you if you fail to provide such documentation or information.

 

2.5 You may obtain Warranty Service from Ulike through one of the following options:

 

(a) Carry-in Service. You may bring your defective Product to one of Ulike’s or its agent’s designated stores which offers carry-in service.

 

(b) Mail-in Service. You may ship your defective Product to Ulike’s or its agent’s designated location. Once the Warranty Service is complete, Ulike or its agent will return the repaired or replaced Product by mail to you. Ulike will pay for the postage fees (if applicable).

 

2.6 Ulike reserves the right to charge you a diagnosis fee, if it is found that the Product is not defective due to the following:

 

(a) No power because power plug is not plugged in or switched on or no power at power points.

 

(b) Usage of wrong electrical supply/voltage.

 

(c) Product is found to be tested within product specifications (i.e. defect not found).

 

3. EXCLUSION

 

3.1 This Warranty does not apply, and Ulike shall have no obligation to provide you with the Warranty Service in the following scenarios:

 

(a) to consumable parts, such as batteries or protective coatings 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 connection to peripherals, additional equipment or accessories other than those recommended by Ulike;

 

(d) to damage caused by lightning, water or other liquid intrusion, hazardous chemical substance, fire, flood, natural disaster, accident, intentional destruction, negligence, abuse, misuse or improper handling/operation/storage that do not conform to the recommended operations of the Product;

 

(e) to damage caused by installation and/or repairs performed by unauthorized service organizations or persons;

 

(f) to Product with model name, serial number or production number removed, altered, is illegible or appears different from the Product type certified;

 

(g) to damaged caused by ordinary wear and tear, alteration or modification, corrosion, rust or stains, scratches, dents on the casing or paintwork of the Product, or normal aging of the Product;

 

(h) to Product which have been used for professional, commercial or industrial purposes or which have been rented or leased or have been otherwise subject to non-household/non-domestic use;

 

(i) to claims for damaged and/or missing parts (including accessories); or

 

(j) to Products which are missing or destroyed.

 

4. DISCLAIMERS

 

4.1 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. Ulike disclaims all statutory and implied warranties, including without limitation, warranties of satisfactory quality, merchantability and fitness for a particular purpose and warranties against hidden or latent defects, to the extent permitted by law. In so far as such warranties cannot be disclaimed, Ulike limits the duration and remedies of such warranties to the duration of this Warranty and, at Ulike's option, the repair or replacement services described above. Some countries and jurisdictions do not allow limitations on how long an implied warranty (or condition) may last, so the limitation described above may not apply to you.

 

5. LIMITATION OF LIABILITY

 

5.1 Except as provided in this Warranty and to the maximum extent permitted by law, Ulike is 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 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; loss of reputation; loss of, damage to, compromise or corruption of data; or any indirect or consequential loss or damage howsoever caused including the replacement of equipment and property, even if reasonably foreseeable and whether or not Ulike has been advised of the possibility of such damage or loss. These limitations shall apply notwithstanding the failure of the essential purpose of any limited warranty. This limited warranty does not affect the Consumer’s statutory rights under law.

 

5.2 Ulike’s total liability for any damage or loss relating to or arising out of your purchase or use of the Product, regardless of the type or cause of such damage, loss or the form of characterization of the claim asserted (e.g. contract or tort) shall not exceed the original purchase price paid for the Product.

 

6. General

 

6.1 No carrier, retailer, agent, dealer or employee thereof is authorized to make modifications to this Warranty, and you should not rely on any such representation.

 

6.2 If any term of this Warranty is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. 

 

6.3 A person who is not a party to this Warranty has no right under the laws of the Republic of Malaysia to enforce any of the provisions under this Warranty.

 

6.4 This Warranty shall be governed by and construed in accordance with the laws of the Republic of Malaysia.

 

6.5 Any dispute arising out of or in connection with or in relation to this Agreement, including any question regarding the existence, validity or termination of this Agreement shall be referred to and finally resolved by the Asian International Arbitration Centre(“AIAC”) in accordance with the Arbitration Rules of the Asian International Arbitration Centre (“AIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause. The seat of arbitration shall be Kuala Lumpur. The Tribunal shall consist of one (1) arbitrator. The language of the arbitration shall be English.