Last Updated: February 19, 2018
If you discover what you believe is a product defect, please contact a customer service representative at 1-855-YOU-KUBE or firstname.lastname@example.org. Our customer support personnel are available during support hours to assist you in diagnosing and fixing any problems you may encounter in the use of your product. If we cannot help you fix the problem over the phone, you may be entitled to a replacement product under the terms of T&D’s Limited Warranty. We offer a one-year limited warranty for covered devices. Certain limitations and exclusions apply. Please review our Limited Warranty below carefully for additional details.
Last Updated: February 19, 2018
General: This limited warranty (this “Warranty”) is made by Thomas & Darden Inc., a Texas corporation (“T&D”), to each consumer (“ you”) who purchases a new, covered KUBE sound system (“Device”) from T&D or an authorized reseller.
Covered Devices: A Device is “covered” by this Warranty if T&D offers or references this Warranty as part of an online sales or other product sales process.
Warranted Functionality: T&D warrants to you that the Device will, under normal use, function substantially in accordance with T&D’s technical specifications or accompanying product documentation (“ Specified Functionality”) for a period of one year from date of original purchase (the “ Warranty Period”).
Remedies: Your sole and exclusive remedy under this Warranty, and T&D’s sole and exclusive responsibility under this Warranty, is that T&D will, at T&D’s option, either repair or replace the defective Device. Any replacement may be, at the option of T&D, a new or remanufactured Device. If T&D, in its sole discretion, determines it is not reasonable to repair or replace the defective Device, T&D may refund to you the purchase price paid for the Device.
Claims process: To obtain remedies under this Warranty, T&D must receive your claim before the expiration of the Warranty Period; otherwise, the limited warranty herein is void. You must obtain a Return Material Authorization (“ RMA”) from T&D and return the defective Device, in the original packaging, to the address specified by T&D in connection with the RMA (the “Return Address”). You must include proof of purchase in the packaging. You shall bear the cost of shipping the Device to T&D and the risk of loss until delivery of the Device to the Return Address. By shipping the Device to T&D, you agree to transfer ownership to T&D. T&D may not return the original Device to you. T&D warrants that any repaired or replaced Device is covered under this Warranty for the greater of either the remainder of the original Warranty Period or 90 days following your receipt of the repaired or replacement Device. If the claim is justified based on this Warranty, T&D shall bear the cost of shipping the repaired or replacement Device to you. Any Device returned to T&D without a valid warranty claim or without a RMA may be rejected, returned at the sender’s cost (subject to prepayment) or kept for 30 days for sender’s pick-up and then disposed of in T&D’s sole discretion.
Limitations and Exclusions: This Warranty is limited and is not applicable to: (a) normal wear and tear; (b) defects or damage attributable to repair, service or alteration by anyone other than T&D; (c) defects or damage caused by misuse, accident (including, without limitation, collision, fire and the spillage of food or liquid), neglect, abuse, alteration, unusual stress, modification, improper or unauthorized repair, installation, wiring, or testing, improper storage, use with unsuitable devices or software; (d) use not in accordance with the Specified Functionality; (e) damage caused by third party equipment with which the Device is used; (f) commercial use or resale; (g) used or resold Devices; (h) use for medical, healthcare or treatment purposes; or (i) features or performance parameters pertaining to any software or services beyond the Specified Functionality. This Warranty is void if a Device is returned with removed, damaged or tampered labels or any alterations, including the unauthorized removal of any component or external cover.
EXCEPT AS EXPRESSLY PROVIDED IN THE WARRANTY, T&D MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE DEVICE, AND HEREBY EXCLUDES AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES CONCERNING (A) THE QUALITY OF THE DEVICE, (B) MERCHANTABILITY, (C) FITNESS FOR ANY PARTICULAR PURPOSE, (D) INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY OR (E) HIDDEN OR LATENT DEFECTS, IN EACH CASE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. IF ANY IMPLIED WARRANTIES ARE IMPOSED BY APPLICABLE LAW, SUCH WARRANTIES ARE LIMITED TO THE WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THIS LIMITATION REGARDING IMPLIED WARRANTIES MAY NOT BE APPLICABLE TO YOU.
IN NO EVENT SHALL T&D OR ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES, REPRESENTATIVES, AGENTS, CONTRACTORS, DIRECTORS, OFFICERS, PARTNERS, OWNERS, SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT OR IN TORT, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, REMOTE OR CONSEQUENTIAL DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ANY SUCH LIMITATION MAY NOT APPLY TO YOU.
T&D’S (INCLUDING ITS AFFILIATES’) AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY, BY REASON OF ANY ACT OR OMISSION, WHETHER SOUNDING IN CONTRACT OR IN TORT, SHALL NOT EXCEED THE PURCHASE PRICE ACTUALLY PAID FOR YOUR DEVICE.
THE WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS IN YOUR JURISDICTION.
Notice : T&D may provide any notice to you under this Warranty by (a) personal delivery, overnight courier, or registered or certified mail to an address you provide, (b) by e-mail to an address you provide or (c) by posting to T&D’s website. To give T&D notice under this Warranty, or to make any demand related to this Warranty, you must contact T&D as follows (or as set forth in the RMA, as applicable): by personal delivery, overnight courier or registered or certified mail to T&D, 916 Springdale Rd., Bldg 4, Suite 104, Austin, TX 78702. T&D may update its address for notices by provide notice in accordance with this paragraph or by posting a notice on its website. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent. Notices provided by e-mail will be effective upon transmission.
Governing Law: The laws of the State of Texas shall govern this WARRANTY without giving effect to the choice of law provisions thereof, EXCEPT WHERE OTHERWISE STATED IN THIS WARRANTY OR WHERE PREEMPTED BY FEDERAL LAW. t&d and you hereby exclude the application of the United Nations Convention on Contracts for the International Sale of Goods to this WARRANTY.
Dispute Resolution by Arbitration: All disputes arising out of, or relating to, this Warranty shall be resolved by final and binding arbitration to be held in the English language in Austin, Texas pursuant to the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Warranty.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.
Without prejudice to the agreement to resolve disputes in binding arbitration set forth in the previous paragraph, either party to this Warranty may obtain preliminary injunctive relief in a court of competent jurisdiction, for the purpose of enforcing any of the terms of this Warranty pending a final determination in arbitration or permanent relief for the purpose of enforcing arbitral awards.
Miscellaneous: This Warranty shall not be construed against either party based on authorship. No modification or waiver of or amendment to any provision of this Warranty will be effective unless in writing and signed by T&D. A delay or failure by T&D to exercise any right that is the subject of this Warranty will not be construed as a waiver of that right. A waiver on any one occasion will not be construed as a waiver of any other matter. If any part of this Warranty is held by a court of competent jurisdiction to be void or unenforceable, that part shall be severed and the rest of this Warranty shall remain valid and enforceable to the maximum extent permissible under the law. This Warranty is binding on you and your heirs and legal representatives. This Warranty is not assignable by you, and any attempted assignment shall be void and of no force or effect. This Warranty is for the sole benefit of the parties and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of this Warranty.