Effective: March 31, 2021
The following Limited Warranty Terms apply to Cheerlux Malaysia hardware products (the “Products”). These Limited Warranty Terms are in addition to, and not in lieu of, your rights and obligations under the Cheerlux Malaysia Terms of Service (the “Standard Terms”). If there is a conflict between the Limited Warranty Terms and the Standard Terms, the Limited Warranty Terms will control for that conflict. Capitalized terms not defined in these Limited Warranty Terms have the meanings assigned to them in the Standard Terms.
1. LIMITED WARRANTY
Cheerlux Malaysia warrants to the original owner of the Product that the Product will be free from defects in materials and workmanship for a period of one (1) year from the date you purchased your Product from Cheerlux Malaysia or an authorized retailer (the “Warranty Period”) Cheerlux Malaysia will, at its sole option, either (a) repair or replace any defective Product or component or (b) accept the return of the Product and refund the money actually paid by the original purchaser for the Product to the payment method used by the purchaser. This warranty is not transferable and applies only to the original purchaser.
Repairs or replacements may be made with new or refurbished products or components, at Cheerlux Malaysia’s sole discretion. If the Product or a component incorporated in that Product is no longer available, Cheerlux Malaysia may, at Cheerlux Malaysia’s sole discretion, replace the Product with the available model nearest to the original model’s form, functionality, and performance.
Any repaired or replacement Product received by you will be covered by the Limited Warranty for the longer of (a) three months from the date of replacement or repair or (b) the remaining Warranty Period on the replaced or repaired Product.
2. WHAT THE LIMITED WARRANTY DOES NOT COVER
This Limited Warranty does not cover the following:
- Unregistered products (registration link is included in the product)
- Products submitted after the expiration of the Warranty Period
- Products submitted without valid proof of purchase
- Products returned from outside countries where Cheerlux Malaysia ships Products
- Products purchased from unauthorized retailers
- Products provided by Cheerlux Malaysia or its designee for promotional purposes without charge
- Products on which repairs have been attempted
- Products damaged due to fire, natural calamity, misuse, abuse, negligence, or other use not in accordance with the Product’s Quick Start Guide or other instructions provided by Cheerlux Malaysia
- Products that have been modified
3. HOW TO INITIATE A WARRANTY CLAIM
To make a warranty claim on your registered product, please open a new ticket or send an email to firstname.lastname@example.org with “Warranty Claim” as the help topic or email subject using the email you used to register your product. In your support ticket/email, please describe in detail the issue that you are experiencing with the Product.
Cheerlux Malaysia may require you to return the Product in order to process your warranty claim. If you are required to return the Product, we highly recommend you insure your parcel shipment since you are liable for getting the product to Cheerlux Malaysia. You are also responsible for adequately protecting the product during shipment. Cheerlux Malaysia will not be responsible for product lost-in-transit. If, as reasonably determined by Cheerlux Malaysia, a Product that is not eligible for a warranty claim is shipped to Cheerlux Malaysia, Cheerlux Malaysia will not be responsible for returning the Product. Cheerlux Malaysia has no warranty obligations with respect to Products.
4. DISCLAIMER OF IMPLIED WARRANTIES AND RELEASE
This limited warranty is the exclusive warranty given by Cheerlux Malaysia. It supersedes any prior, contrary or additional representations, whether oral or written. No person, including agents and employees of Cheerlux Malaysia, is authorized to give any further representation or warranty or assume any further obligation on behalf of Cheerlux Malaysia, whether orally or in writing. CHEERLUX MALAYSIA HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, OBLIGATIONS OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NONCONFORMANCE OR DEFECT IN [THIS PRODUCT], INCLUDING, BUT NOT LIMITED TO (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE; (C) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF THE CHEERLUX MALAYSIA OR THE MANUFACTURER. To the extent that the law requires any implied warranty, such implied warranty is limited to the duration of the one (1) year express warranty given above. This disclaimer and release shall apply even if the express warranty set forth above fails of its essential purpose.
5. EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES
CHEERLUX MALAYSIA SHALL HAVE NO OBLIGATION OR LIABILITY, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY) TORT (INCLUDING NEGLIGENCE) OR OTHERWISE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING OUT OF THE USE OF, OR INABILITY TO USE, THIS PRODUCT OR ARISING OUT OF ANY NONCONFORMITY OR DEFECT IN THE PRODUCT, OR DEFECT IN ANY SERVICE PROVIDED UNDER THE LIMITED WARRANTY. This exclusion applies even if Cheerlux Malaysia has been advised of the possibility of such damages. This exclusion applies even if the above warranty fails of its essential purposes and regardless of whether such damages are sought for breach of warranty, breach of contract, negligence, or strict liability in tort or under any legal theory.