LIMITED PRODUCT WARRANTY
Kopin Display Corporation (“Kopin”) warrants to the original purchaser that your Golden-i branded device and accessories (collectively, the “Product”) shall be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase. All subsequent purchasers acquire the Product “as is” without benefit of this Limited Product Warranty.
If such a defect arises, and a return authorization request is received by Kopin within the applicable Warranty Period, Kopin will, at its option and to the extent permitted by law, either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) replace the Product with a new or refurbished Product. In the event of such a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Product Warranty is valid only in the jurisdictions where the Products are sold by Kopin itself or through its authorized reseller or agent and is valid to the extent permitted by the applicable laws of such jurisdictions.
HOW TO OBTAIN WARRANTY SERVICE
To obtain warranty service, a return authorization must be requested from our customer service team. To request a return authorization, please contact Customer Service here email@example.com or dial 844-MY WEARABLE. The return authorization number must be included along with your returned product. You must deliver the Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by Kopin. As may be required by applicable law, Kopin may require you to furnish proof of purchase details and/or comply with other requirements before receiving warranty service. It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the Product. It is likely that such data, software, or other materials will be lost or reformatted during warranty service, and Kopin will not be responsible for any such loss. For more specific instructions on how to obtain warranty service on your Product, please contact our customer success team here firstname.lastname@example.org or dial 844-MY WEARABLE.
Where the Product is repaired or replaced during the Warranty Period, except as otherwise prohibited by applicable laws, the warranty for the repaired or replaced Product, as applicable, will expire upon the expiration of the original Warranty Period or thirty (30) days from the date You received the repaired or replaced Product, whichever is longer.
EXCLUSIONS AND LIMITATIONS
Kopin does not warrant that the operation of the Product will be uninterrupted or error-free. This Limited Product Warranty does not cover software embedded in any Product and related services provided by Kopin or one of our authorized resellers. Please contact the Golden-i Infinity Customer support here email@example.com or dial 844-MY WEARABLE for details of your rights concerning the use of the software and related services.
This Limited Product Warranty applies only to the original purchaser of the Product that was purchased from an authorized reseller or sales channel and manufactured by or for Kopin that can be identified by an authorized “Golden-i” trademark, trade name, or logo affixed to it. Without limiting the foregoing, the Limited Product Warranty does not apply to any (a) Golden-i products and services other than the Products, (b) non Golden-i products, even if included or sold with a Product, including, without limitation, any counterfeit products, (c) products that are, or Golden-i reasonably believes to be, stolen, (d) consumables (such as batteries), or (e) software, even if packaged or sold with the Product or embedded in the Product.
This warranty does not apply to a Product or part of a Product that has been serviced, altered, refurbished, or modified by anyone who is not authorized by Golden-i, nor does it apply to any cosmetic damage such as scratches and dents. In addition, this Limited Product Warranty does not apply to damage or defects caused by (a) use with non-Golden-i products; (b) accident, abuse, misuse, mishandling, flood, fire, earthquake or other external causes; (c) normal wear and tear or aging of the Product such as discoloration or stretching; or (d) operating the Product (i) outside the permitted or intended uses described by Golden-i, (ii) not in accordance with instructions provided by Golden-i, or (iii) with improper voltage or power supply.
No Golden-i reseller, distributor, agent or employee is authorized to make any modification, extension, or addition to this Limited Product Warranty. If any term contained herein is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
EXCEPT AS EXPRESSLY SET FORTH ABOVE, KOPIN MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, ARISING OUT OF A COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, AND KOPIN EXPRESSLY EXCLUDES AND DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Some jurisdictions do not allow limitations on an implied warranty, so the above limitation may not apply to you.
LIMITATION OF DAMAGES EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, Kopin SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE OR DATA, RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY, INJURY, INCLUDING DEATH, WHICH YOU OR YOUR NEXT OF KIN MAY SUFFER RESULTING FROM YOUR USE OF Golden-i, OR CONDITION OR UNDER ANY OTHER LEGAL THEORY, EVEN IF KOPIN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL KOPIN’S LIABILITY UNDER THIS LIMITED WARRANTY TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU OR ON YOUR BEHALF EXCEED THE PURCHASE PRICE OF THE PRODUCT THAT YOU PURCHASED OR THE COST OF REPAIRING OR REPLACING THE PRODUCT, WHICHEVER IS GREATER. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This Limited Warranty shall be governed by the laws of the State of MA, USA, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.