ROBOKIND STANDARD WARRANTY

The RoboKind robot is designed to work with children and has been tested thoroughly for quality control. The RoboKind robot meets or exceeds all applicable regulatory and safety guidelines when used as recommended.

Standard Product Warranty.  Unless otherwise provided by RoboKind in writing, RoboKind warrants that all RoboKind-manufactured Product (including hardware) will substantially conform to the RoboKind’s specifications for such Product and be free of any defect in materials or workmanship (the “Standard Product Warranty”) for the period of time specified in ‘Warranty Period Table’ below (the “Product Warranty Period”); such period (including any service agreement purchased in conjunction with initial purchase of the Product by Customer) is measured from. (i) the date this Product is shipped from the manufacturing facilities of RoboKind, or (ii) in the case of resale by an authorized RoboKind reseller, the date this Product is shipped from the facilities of the reseller. This warranty is extended to the Customer and applies to all RoboKind-provided Product purchased, installed, and used for the purpose for which such Product was originally designed.

This RoboKind R25 product, as supplied and distributed by RoboKind, and delivered as manufactured, in the carton or case to the original customer purchaser, is warranted by RoboKind against manufacturing defects in materials and workmanship for the qualifying limited warranty period as follows:

This limited warranty is valid only on products purchased and does not include installation, removal or reinstallation. Warranty repairs must be performed by RoboKind’s authorized service center. To receive warranty service, the original dated bill of sale must be presented upon request as proof of purchase to RoboKind’s authorized service center. To obtain warranty service, support, or other information, please visit our website at https://www.robokind.com/support .

RoboKind will repair or replace this product, at our option and at no charge with new or reconditioned parts, if found to be defective during the limited warranty period specified above. To request service, the purchaser must contact RoboKind for problem determination and service procedures. All replaced parts and products become the property of RoboKind and must be returned to RoboKind. Replacement parts and products assume the remaining original warranty, or 90 days, whichever is longer. This limited warranty covers manufacturing defects in materials and workmanship encountered in normal, and, except to the extent otherwise expressly provided in this statement, non-commercial use of this product and shall not apply to the following, including but not limited to: damage which occurs in shipment; applications and uses for which this product was not intended; failures or problems which are caused by products or equipment not supplied by RoboKind; accidents, misuse, abuse, neglect, misapplication, fire, water, lightning or other acts of nature; incorrect electrical line voltage, fluctuations or surges; damage caused by improper installation; product alteration or modification; improper or unauthorized repair; exterior finish or cosmetic damage; failure to follow operation instructions, customer adjustments, maintenance and environmental instructions that are covered and prescribed in the instruction book; use of non- RoboKind or unauthorized parts, supplies, accessories or equipment which damage this product or result in service problems; failures or problems due to incompatibility with other equipment. RoboKind does not warrant uninterrupted or error-free operation of the product.

Standard Software Warranty.  Unless otherwise provided by RoboKind in writing, RoboKind warrants that the software will operate substantially in compliance with RoboKind’s specifications for the software (the “Standard Software Warranty”) for the period of time specified in the ‘Warranty Period Table’ below (the “Software Warranty Period”); such period (including any service agreement purchased in conjunction with initial purchase of the software by Customer) is measured from the date of shipment from an RoboKind facility. This warranty applies to all RoboKind provided software purchased, installed, and used for the purpose for which such software was originally designed. RoboKind does not warrant that: 1) operation of any of the software shall be uninterrupted or error free, or 2) functions contained in the licensed software shall operate in combinations which may be selected for use by the end user or meet the end user’s requirements.  No warranty shall apply to any software that is modified without RoboKind’s written consent.  These warranties extend only to the original licensee of the software.  ALL OPEN SOURCE SOFTWARE, FREEWARE AND SHAREWARE EMBEDDED OR INCLUDED IN THE PRODUCT IS PROVIDED “AS IS” WITHOUT ANY WARRANTY WHATSOEVER. 

Remedy for Breach of Product Warranty. The Customer’s sole and exclusive remedy for any breach of the Standard Product Warranty will be, at RoboKind’s sole discretion and option, repair or replacement of the defective Product with functionally equivalent Product.

RoboKind will make reasonable efforts to ship the repaired or replacement Product within seven (7) business days after receipt of the product at RoboKind’s designated facility. Components that the Customer claims to be defective shall be made available to RoboKind for inspection and testing. Unless otherwise agreed in writing, transportation costs, if any, incurred in connection with the return of a defective Product to RoboKind shall be borne by Customer. RoboKind shall pay any tsransportation costs incurred with e the redelivery of a repaired or replaced item, with the exception that the Customer shall be solely responsible for all other charges, including without limitation, duties, taxes, tariffs, and customs clearance charges, for all repaired or replacement components and Product under the Standard Product Warranty. If, however, RoboKind reasonably determines that the item is functional, the Customer shall pay any transportation cost. To be entitled to rights under the Standard Product Warranty, the Customer shall open a service request by contacting RoboKind at support@robokind.com, in no more than thirty (30) days after discovering a suspected defect in any Product or component, but in any event prior to the expiration of the applicable Product Warranty Period, and shall request a “Confirmation of Defect & Authorization for Return” (see below) from RoboKind in accordance with this warranty. Notice to a RoboKind reseller, systems integrator, sales representative or other third-party is not notice to RoboKind. Following its receipt of any such Customer notice, RoboKind will determine whether the reported problem is covered by the Standard Product Warranty. If RoboKind determines that the problem is covered by the Standard Product Warranty, RoboKind will authorize return or repair of the defective Product or component by issuing a Return Material Authorization (“RMA”) number.

Remedy for Breach of Software Warranty. Upon breach of the Standard Software Warranty and RoboKind’s receipt of notice of such breach, the Customer’s sole and exclusive remedy will be, at RoboKind’s sole discretion and option, repair or replacement of the defective software with functionally equivalent software. RoboKind does not warrant that the software is error free or that the Customer will be able to operate the software without problems or interruptions. Corrections to the software beyond the Software Warranty Period will only be made by RoboKind pursuant to a RoboKind Service Level Agreement.

Confirmation of Defect & Authorization for Return. A RoboKind Product under an active warranty period can only be returned if it references a return material authorization (“RMA”) number issued by an authorized RoboKind service personnel. To request an RMA number, Customer must contact RoboKind via support@robokind.com. RoboKind support staff must be notified of any potential issue and be given the chance to troubleshoot (ideally via remote access, etc.) prior to any unit being authorized for return and/or advance replacement.

Product Warranty Exclusions. To the fullest extent permitted by law, RoboKind does not warrant, guarantee and is not responsible for:

(a)    Defects, failures, damages or performance limitations caused in whole or in part by (A) power failures, surges, improper grounding, failures in third-party communication networks, fires, floods, snow, ice, lightning, excessive heat or cold, highly corrosive environments, accidents, actions of third parties, or other events outside of RoboKind’s control, (B) the Customer’s abuse, mishandling, misuse, computer viruses, negligence, improper storage, servicing or operation, or unauthorized attempts to repair or alter the Product in any way, (C) service or alteration by anyone other than an authorized RoboKind representative; or (D) the Reseller’s or Customer’s failure to store, use, and transport the robot in the Case provided by RoboKind with the robot.

(b)   Custom Product built to the Customer’s specifications that is later found not to meet the Customer’s needs or expectations.

(c)    The performance of the Product when used in combination with equipment, items or software not purchased from RoboKind or specified or approved by RoboKind in writing.

 (a)   Product that has been altered or modified, except by RoboKind;

(b)   Product that has not been installed, operated, repaired, or maintained in accordance with instructions supplied by RoboKind;

(c)    Product that has been subjected to abnormal physical or electrical stress, misuse, negligence, or accident; and/or

(d)   Product that is used in ultra-hazardous activities; or

(e)    Product that has been used with or subjected to virus-related problems; or

(f)    Product that is used with other non-RoboKind software that has not been approved for use by RoboKind and

(g)   RoboKind makes no warranty, either express or implied, regarding non-RoboKind software.

Additional Warranty Notes.

(a)    OEM or third-party equipment that is incorporated into RoboKind Products is covered for the same period as such RoboKind Product’s standard product warranty unless the OEM or third-party equipment carries its own limited warranty.

(b)   Items Sold as Resale. Items sold as resale are such items that are not manufactured by RoboKind but may be utilized in conjunction with, independently of or incorporated into, RoboKind Product and are covered only by the specific warranty terms of the supplier or original equipment manufacturer of those items. IF AN ORDER COVERS EQUIPMENT NOT OWNED BY ROBOKIND, IT IS SOLD SUBJECT TO ROBOKIND’S ABILITY TO ACQUIRE SUCH EQUIPMENT AND ANY PASS-THROUGH WARRANTIES.

(c)    Standard Services Warranty. RoboKind warrants that the Services will be performed in a professional manner (the “Services Warranty”). Upon breach of the Services Warranty and RoboKind’s receipt of notice of such breach from the Customer (which notice must specify in reasonable detail the nature of the claim and be delivered within ninety (90) days from the last day of performance of the Services), the Customer’s sole and exclusive remedy will be for RoboKind to re-perform the applicable Services at RoboKind’s expense.

Dead On Arrival (“DOA”). For up to thirty (30) days from the date RoboKind or reseller ships, RoboKind will provide expedited replacement of affected field replaceable units of Hardware that fail to operate. For purposes of this DOA policy, “fail to operate” shall mean a material failure to substantially perform in accordance with the Hardware’s technical specifications and shall not include cosmetic or other deficiencies that do not materially affect Product performance. A new field replaceable unit will be shipped from RoboKind’s manufacturing facilities within three (3) business day of RoboKind’s receipt and validation of Customer’s notification of an inoperative unit. If the unit is not immediately available due to manufacture lead times, RoboKind will arrange for collection and repair of such DOA unit RoboKind shall pay any transportation cost. If, however, RoboKind reasonably determines that the item is functional, the Customer shall pay any transportation cost.

LIMITATION ON WARRANTIES.  EXCEPT AS SET FORTH ABOVE, ROBOKIND GRANTS NO WARRANITES TO THE CUSTOMER OR END USER, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, REGARDING ROBOKIND’S PRODCUT OR SOFTWARE, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF THEIR FITNESS FOR ANY PURPOSE, THEIR QUALITY, THEIR MERCHANTABILITY, THEIR NON-INFRINGEMENT OR OTHERWISE. IN NO EVENT SHALL ROBOKIND BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS BY CUSTOMER OR END USER OR FOR ANY SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, CONSEQUENTIAL OR INCIDENTIAL DAMAGES FOR BREACH OF WARRANTY. THE REMEDY OR REMEDIES SET FORTH IN THE ROBOKIND STANDARD WARRANTY WILL CONSTITUTE AN END USER’S SOLE AND EXCLUSIVE REMEDY FOR A BREACH OF ANY WARRANTY MADE BY ROBOKIND. HOWEVER, IN THE EVENT A COURT OF COMPETENT JURISDICTION DETERMINES MONETARY DAMAGES ARE APPROPRIATE FOR A BREACH OF WARRANTY BY ROBOKIND, THEN ROBOKIND’S LIABILITY UNDER THE WARRANTY SHALL BE LIMITED TO A REFUND OF THE END USER’S PURCHASE PRICE.

Some states do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state.