Kubota Glass One (1) Year Limited Warranty
Effective Date: October 1, 2022
IMPORTANT: BY USING YOUR KUBOTA GLASS PRODUCTS, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE ACUCELA INC. DBA KUBOTA VISION INC. (“KUBOTA VISION” or “the Company” or “WE”) 1 YEAR LIMITED WARRANTY (“WARRANTY”) AS SET OUT BELOW.
DO NOT USE YOUR PRODUCT UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY.
KUBOTA GLASS LIMITED WARRANTY
Product claims under our limited Warranty are subject to the following terms and conditions.
Warranty claims are initiated by calling customer support at +1-888-988-1170 (in the US) or emailing email@example.com. Warranty claim items must be shipped to us within 30 days of Return Merchandise Authorization (RMA) issued.
HOW CONSUMER LAW RELATES TO THIS WARRANTY
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY. OTHER THAN AS PERMITTED BY LAW, THE COMPANY 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. THE COMPANY DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF 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, THE COMPANY LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT THE COMPANY’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW, TO THE EXTENT PERMITTED BY LAW.
WHAT THIS WARRANTY COVERS
The Company warrants the genuine Kubota Glass and e-Case (“Kubota Glass Product(s)”) contained in their original packaging against defects in material and workmanship under normal use in accordance with our published guidelines for a period of one year from the 45th day after the Kubota Glass products have been shipped to you from our designated factory after final assembly. Our published guidelines include, but are not limited to, the information contained in the medical device instruction manual and user manual. You should inspect the product immediately upon delivery and notify our customer support of any defects. We will repair or replace the defective device. No cash refunds will be given under any circumstances, except as may be mandatory by law.
Please note: Any and all claims under this 1-year limited Warranty for the Kubota Glass Products will be subject to the terms and conditions set forth in this Warranty.
WHAT THIS WARRANTY DOES NOT COVER
This Warranty does not apply to any non-Kubota Glass branded hardware products or any software, even if packaged or sold with Kubota Glass Products. Manufacturers, suppliers, or publishers, other than the Company, may provide their own warranties to you – please contact them for further information. Software distributed by the Company with or without the Kubota Glass brand (including, but not limited to system software) is not covered by this Warranty. The Company does not warrant that the operation of the Kubota Glass Products will be uninterrupted or error-free. To the extent permitted by law, the Company is not responsible for damage arising from failure to follow instructions relating to the Kubota Glass Products’ use.
This Warranty does not apply: (a) to consumable parts such as batteries or protective coatings that are naturally expected to deteriorate over time (unless the damage is caused by defects in materials or workmanship); (b) to cosmetic damage, including but not limited to scratches, dents, and plastic breakage at the ports (unless the damage is caused by defects in materials or workmanship); (c) to damage resulting from use with third-party components or products that do not conform to Kubota Glass Products specifications; (d) to damage caused by accident, improper handling, misuse, fire, earthquake or other external causes; (e) to damage resulting from the operation of Kubota Glass Products beyond the scope of our published guidelines; (f) to damage resulting from services (upgrades, enhancements, etc.) performed by anyone other than our distributors; (g) to Kubota Glass Products that have been modified to change their function or performance without our written authorization; (h) to failure resulting from normal wear or normal aging. (i) to Kubota Glass Products whose serial numbers have been removed or are illegible. (j) if we receive information from a relevant public authority that the product is stolen and you are unable to prove by any means (e.g., presentation of proof of purchase) that you are the authorized user of the product.
IMPORTANT LIMITATIONS ON SERVICE
We may limit warranty service for hardware products to the country where the device was originally sold by us or our authorized distributor.
Prior to warranty service, the Company or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow the Company’s procedures for obtaining warranty service. Following warranty service, your Kubota Glass Products or replacement device will be returned in the configuration in which it was originally purchased with any applicable updates applied. IMPORTANT: Do not open the inside of Kubota Glass Products or remove any accessory screws attached to Kubota Glass Products. Opening the inside of Kubota Glass Products or removing the provided screws may result in damage that is not covered by this Warranty.
OUR RESPONSE IN THE EVENT OF A BREACH OF WARRANTY
If during the Warranty Period you submit a claim to the Company in accordance with this Warranty, the Company will, at its option:
(i) repair the Kubota Glass Products using new or previously used Kubota Glass genuine parts that are equivalent to new in performance and reliability,
(ii) replace the Kubota Glass Products with a replacement product of the same model (or with your consent, a product that has the same or substantially similar features as the original product) that is comprised of new or previously used Kubota Glass genuine parts that are equivalent to new in performance and reliability. The Company may request that you replace certain user-installable parts or Kubota Glass Products. A replacement part or the Kubota Glass Product, including a user-installable part that has been installed in accordance with instructions provided by the Company, assumes the remaining term of the Warranty or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a Kubota Glass Product or part is replaced, any replacement item becomes your property.
HOW TO USE WARRANTY SERVICE
Warranty claims are initiated by calling customer support at +1-888-988-1170 or emailing firstname.lastname@example.org to complete a Return Merchandise Authorization (RMA). Warranty claim items must be shipped to us within 30 days of the date an RMA is issued.
Before requesting warranty service, please review the instructions for use. If after utilizing these resources, your Kubota Glass Product still does not work properly, please contact customer support at +1-888-988-1170 (in the US) or by emailing email@example.com. For more information about using our warranty services, please see our online information below.
WARRANTY SERVICE OPTIONS
The Company will provide warranty service through one or more of the following options:
(i) Mail-in service. If the Company determines that your Kubota Glass Products are eligible for mail-in service, the Company will inform you of the instructions specified by us that are required for the procedure, so that you may ship your Kubota Glass Products to our designated destination. If applicable, packaging material and instructions on how to properly pack and address your Kubota Glass products will be sent to you. Once service is complete, our designated destination will return the Kubota Glass Products to you. The Company will pay for shipping to and from your location if all instructions regarding the method of packaging and shipping the Kubota Glass Products are followed.
(ii) Do-it-yourself (DIY) service. DIY service allows you to service your own Kubota Glass Products. If DIY service is available in the circumstances, the following process will apply.
(a) Service where the Company requires return of the replaced Kubota Glass Products or part. The Company may require a credit card authorization as security for the retail price of the replacement Kubota Glass Products or part and applicable shipping costs. If you are unable to provide credit card authorization, DIY service may not be available to you, and the Company will offer alternative arrangements for service. The Company will ship a replacement Kubota Glass Product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced Kubota Glass Product or part. If you follow the instructions, the Company will cancel the credit card authorization, so you will not be charged for the Kubota Glass Product or part and shipping to and from your location. If you fail to return the replaced Kubota Glass Product or part as instructed or return a replaced product or part that is ineligible for service, the Company will charge your credit card for the authorized amount.
(b) Service where the Company does not require return of the replaced Kubota Glass Product or part. The Company will ship you free of charge a replacement Kubota Glass Product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced Kubota Glass Product or part.
(c) The Company is not responsible for any labor costs you incur relating to DIY service. Should you require further assistance, contact the Company at the telephone number listed below.
The Company reserves the right to change the method by which the Company may provide warranty service to you, and your Kubota Glass Products’ 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. The Company may use Kubota Glass Products or replacement parts for service that are sourced from a country that is different from the country from which the Kubota Glass Products or original parts were purchased. You may be responsible for shipping and handling charges if the Kubota Glass Products 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 will 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, the Company may repair or replace Kubota Glass Products and parts with comparable Kubota Glass Products and parts that comply with local standards.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE EXTENT PERMITTED BY LAW, THE COMPANY IS NOT RESPONSIBLE FOR (Ⅰ) DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM (ⅰ) ANY BREACH OF WARRANTY OR CONDITION, OR (ⅱ) UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO (a) LOSS OF USE; (b) LOSS OF REVENUE; (c) LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); (d) LOSS OF THE USE OF MONEY; (e) LOSS OF ANTICIPATED SAVINGS; (f) LOSS OF BUSINESS; (g) LOSS OF OPPORTUNITY; (h) LOSS OF GOODWILL; (i) LOSS OF REPUTATION; (j) LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR (Ⅱ) ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING (ⅰ)THE REPLACEMENT OF EQUIPMENT AND PROPERTY, (ⅱ) ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE KUBOTA GLASS PRODUCTS OR (ⅲ) ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED IN THE KUBOTA GLASS 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. THE COMPANY DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR OR REPLACE ANY KUBOTA GLASS PRODUCTS UNDER THIS WARRANTY.
None of the Company’s resellers, agents, or employees 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 Kubota Glass Products purchase took place. The Company is identified at the end of this document according to the country or region in which the Kubota Glass Products purchase took place. The Company or its successor in title is the warrantor under this Warranty.
Company name: Kubota Vision Inc.
Address: 600 University Street, Suite 2900, Seattle, WA 98101-4174
For inquiries regarding this matter, please contact:
Phone: +1-888-988-1170 (In the US)
Facsimile: +1-888-988-1270 (In the US)