FreePower Wireless charger limited warranty

Aira, Inc. (hereafter “Aira”) warrants to the Certified Fabricator (“Fabricator”) that the engineered or natural stone, wood, ceramic, porcelain, plastic or other rigid structure that is approved under Aira’s fabrication guidelines and which Fabricator has been certified to fabricate or install by Aira (the “Surface”), when fabricated in accordance with Aira’s fabrication guidelines and installed in an interior application, will not, following such installation in an interior application, experience any structural failure caused by fabrication and use of FreePower Wireless Charger(s) for the remaining duration of the applicable original manufacturer warranty provided by the Surface material manufacturer (the foregoing warranty provided by Aira, the “Surface Warranty” and the remaining duration of the applicable original manufacturer warranty provided by the Surface material manufacturer, the “Surface Warranty Period”).  Subject to the requirements below, Aira will, at its sole discretion, repair or replace any Surface which does not meet the foregoing Surface Warranty during the Surface Warranty Period.  Aira’s election to repair or replace will be based on the nature of the defect and the availability of replacement parts. Repair or replacement under this Surface Warranty shall be in accordance with the below terms and conditions, provided that exact color match to the originally installed Surface cannot be guaranteed. The replacement product or part will be covered under the Surface Warranty subject to the requirements below. 

Notwithstanding anything else to the contrary herein, Aira is not responsible for, and the Surface Warranty does not apply to any: (1) Fabrication or installation of engineered or natural stone, wood, ceramic, porcelain, plastic or other rigid structure that the Fabricator has not been certified by Aira to fabricate or install; (2) Fabrication or installation by any  party that has not both (a) signed the FreePower Wholesaler Agreement, and (b) remained in good standing under its terms; (3) Improper fabrication or installation, and resulting damage, including but not limited to, seams, seam performance, edge detail, supporting structures, and caulking; (4) Damage caused by use contrary to the then-current fabrication guidelines and any additional written documentation supplied by Aira to Fabricator which is in effect at the time of installation, misuse (including, without limitation, standing on the Surface), accident, exposure to excessive heat or excessive cold, abuse, neglect, unauthorized repair, modification, or alteration, including but not limited to, scratches, stains, chips, or cracks; (5) Any Surface that is not permanently installed in an interior application or which has been moved from the original, permanent installation; (6) Any Surface that is not properly maintained in accordance with the Surface material manufacturer’s guidelines; (7) Removal or replacement costs; (8) Other repairs and modifications, including but not limited to, plumbing, electrical, tile, and cabinets that may need to be performed to properly repair or replace the Surface and any damage to hardware, fixtures or electrical circuits used with the Surface installation; (9) Natural characteristics of the Surface, where applicable, which include, but are not limited to, color variations, water lines, fissures, surface pits and blemishes; (10) Normal wear-and-tear; (11) Food or liquid stains, damage caused by chemicals or physical use or abuse; (12) Jobsite conditions, architectural and engineering design, structural movement or settling, acts of vandalism, or accidents; (13) Surface installed with known or visible manufacturing defects at time of installation; (14) Outdoor or non-interior applications, regardless of coverage or exposure to the elements; and (15) Damage caused by acts of God, exposure to water or water intrusion, natural disasters including floods, earthquakes, storms, and other acts of nature.  If such disclaimer is not permitted by law, the duration of any implied warranty is limited to the Surface Warranty Period. This Surface Warranty is governed by the laws of the State of Delaware. Any dispute arising out of or relating to this Surface Warranty shall be submitted to binding arbitration in Phoenix, Arizona before one arbitrator. The arbitration shall be administered by JAMS pursuant to  JAMS’ Streamlined Arbitration Rules and Procedures or the JAMS rules then in effect. By agreeing to arbitrate, Fabricator waives any right to a jury trial. Notwithstanding any of the foregoing or any other provision of this Surface Warranty, class arbitration is not permitted under any circumstance, meaning Aira and the Fabricator may bring claims against the other only in their individual capacities. This Surface Warranty contains the entire understanding between Aira and the Fabricator and supersedes any prior understandings and agreements respecting the subject matter of this Surface Warranty. If any provision, or part thereof, of this Surface Warranty is held invalid, the remainder of this Surface Warranty shall not be affected thereby.

CONSUMER: CHARGER WARRANTY 

Aira warrants to the original retail purchaser (“Purchaser”) that the FreePower Wireless Charger unit (excluding the fan component, LED charging halo, external power supply and cables, cable routing and clips supplied with the FreePower Wireless Charger) (collectively, the “Charger”) shall, when installed by a FreePower Certified Fabricator (“Fabricator”), in a material that such Fabricator is certified by Aira to fabricate or install, in the USA (including HI & AK) in accordance with Aira’s then-current fabrication guidelines and used in accordance with the written documentation supplied by Aira with the Charger, as may be supplemented in writing from time to time by Aira (the “Documentation”), be free, for a period of five (5) years from the date of original retail purchase, from defects in workmanship and materials that result in an interruption of function of wireless charging capability for compatible devices (the foregoing warranty, the “Charger Warranty”). For the avoidance of doubt, fan component, LED charging halo, external power supply and cables, cable routing, clips and hardware used in connection with the installation of the FreePower Wireless Charger are expressly excluded from the Charger Warranty.

Aira further warrants to the Purchaser that the fan component of the FreePower Wireless Charger unit, the LED charging halo, and the external power supply supplied with the FreePower Wireless Charger (each a “Component”), shall be free from defects in workmanship and materials for a period of one (1) year from the date of original retail purchase (the foregoing warranty, the “Component Warranty,” and such one (1) year period with respect to the Component Warranty, and five (5) year period with respect to the Charger Warranty, the applicable “Freepower Warranty Period”).

Subject to the requirements below, Aira will, at its sole discretion, repair or replace any Charger or Component which does not meet the foregoing Charger Warranty or Component Warranty, respectively, during the applicable Freepower Warranty Period.  Aira’s election to repair or replace will be based on the nature of the defect and the availability of replacement parts. Repair or replacement under the Charger Warranty or the Component Warranty, as the case may be, shall be in accordance with the below terms and conditions using new or reconditioned parts, which are functionally equivalent to new in performance and reliability.  The replacement product or part will be covered by the Charger Warranty or the Component Warranty, as the case may be, for the balance of time remaining on the original Freepower Warranty Period applicable to the Charger or Component in question.

Notwithstanding anything else to the contrary herein, Aira is not responsible for, and the Charger Warranty  and Component Warranty do not apply to: (1) FreePower Wireless Charger unit error, failure, or impaired functionality due to installation, use or maintenance contrary to the then-current Documentation, misuse (including, without limitation, standing on the Surface), accident, abuse, neglect, unauthorized repair, modification, or alteration; (2) Removal or replacement costs; (3) Costs or loss of revenue incurred due to downtime; (4) Damage to cables, cable routing and clips and hardware used in connection with the installation of the FreePower Wireless Charger or to devices, components and hardware used with the FreePower Wireless Charger unit; (5) Damage related to moving a FreePower Wireless Charger unit or transferring to another location that is different to initial installation site; (6) Normal wear-and-tear; (7) Hardware or software manufactured by other companies; (8) Electric power failures, fluctuations, surges, or any other events not directly related to the FreePower Wireless Charger unit; (9) Consumable items such as batteries; (10) Damage caused by acts of God, damage caused by exposure to water or water intrusion, natural disasters including floods, earthquakes, storms, and other acts of nature; (11) Damage caused by heat; (12) Damage caused by water exposure to the bottom of the countertop; and (13) Impact to the countertop surface or excessive weight or pressure placed on the surface of the FreePower Wireless Charger.  If such disclaimer is not permitted by law, the duration of any implied warranty is limited to the applicable Freepower Warranty Period. The Charger Warranty and Component Warranty are governed by the laws of the State of Arizona. Any dispute arising out of or relating to the Charger Warranty or Component Warranty shall be submitted to binding arbitration in Phoenix, Arizona before one arbitrator. The arbitration shall be administered by JAMS pursuant to  JAMS’ Streamlined Arbitration Rules and Procedures or the JAMS rules then in effect. By agreeing to arbitrate, Purchaser waives any right to a jury trial. Notwithstanding any of the foregoing or any other provision of the Charger Warranty or Component Warranty, class arbitration is not permitted under any circumstance, meaning Aira and the Purchaser may bring claims against the other only in their individual capacities. This section contains the entire understanding between Aira and the Purchaser and supersedes any prior understandings and agreements respecting the subject matter of the Charger Warranty and Component Warranty. If any provision, or part thereof, of the Charger Warranty or Component Warranty is held invalid, the remainder of the Charger Warranty or Component Warranty, as the case may be, shall not be affected thereby.

WARRANTY PROCEDURES

To qualify for any repair or replacement under the applicable Warranty (as defined below) with respect to an applicable Surface, Charger or Component (each, a “Product”), the Fabricator (with respect to the Surface Warranty) or the Purchaser (with respect to a Charger Warranty or Component Warranty) must notify Aira during the applicable Surface Warranty Period or Freepower Warranty Period, as the case may be (as applicable, the “Warranty Period”), that such Product does not meet the Surface Warranty, Charger Warranty, or the Component Warranty (each, a “Warranty”), respectively, and such notice must be in writing and made within fifteen (15) days of the Product’s initial failure to meet the applicable Warranty.  All Warranty questions or claims must first be directed to the Aira technical support team. Please be prepared to provide Aira with the applicable Surface purchase and fabrication information (including the unit serial number, proof of purchase and proof of installation date) or Charger serial number and/or purchase invoice number, as the case may be, for verification. Aira’s technical support team may be reached by phone at +1 (833) – fre – power or by email at warranty@freepower.io. Purchaser must permit the Fabricator or other Aira authorized agent to inspect the Product, and must reasonably cooperate with the Fabricator or other Aira authorized agent in their efforts to effect the remedies under the applicable Warranty.  Aira will determine if the Product failure is covered by the applicable Warranty, in its sole discretion. If the product is determined to have an issue which is covered by the Warranty, Aira will, in its sole discretion, choose one of service options below:

1. Mail in Service - This service will require the Fabricator (with respect to the Surface Warranty) or the Purchaser (with respect to a Charger Warranty or Component Warranty) (as applicable, the “Claimant”) to send the defective Product or part to Aira. If Aira selects Mail in Service, Aira will send a return merchandise authorization form (“RMA”), a repair/replacement claim form, and return shipping label directly to the Claimant. The Product or affected part must be shipped prepaid to Aira, complete with appropriate paperwork to identify the original order date and qualifying reason for return. The affected Product or affected part, as the case may be, and all necessary paperwork must be received by Aira within thirty (30) days of Aira providing the RMA, claim form, and return shipping form to qualify for repair or replacement under the applicable Warranty. The Claimant must follow Aira’s RMA procedure prior to returning any item. Please note that in the event an item is returned, and the package does not display the RMA number, the delivery may be refused. Full instructions for Aira’s RMA process will be provided by the Aira technical support team.  
2. Advance Courtesy Replacement Service - This service involves the Claimant servicing their own Product with replacement parts provided by Aira. If Aira selects Advance Courtesy Replacement Service, Claimant will fill out a credit card form provided by Aira. Once the credit card form has been filled out by Claimant, Aira will send the replacement part, written installation instructions and return shipping label directly to the Claimant so that the Claimant may perform the installation of the replacement part. Aira will cover shipping charges of the replacement part shipment to the Claimant. The original part must be shipped prepaid to Aira, complete with appropriate paperwork to identify the original order date within fourteen (14) days of delivery of the replacement part and return shipping form to Claimant. Aira reserves the right to charge the Claimant for the cost of the replacement part if it is determined by Aira, in Aira’s sole discretion, that such part is not defective or qualified under the Charger Warranty or Component Warranty.
3. On-Site Repair Service - This optional service is available at an additional cost to be paid to an applicable Aira authorized Fabricator or other authorized installer or service provider authorized by Aira and will depend on the Claimant’s location. If On-Site Repair Service is available, full instructions and cost will be provided by the Aira technical support team to Claimant and On-Site Repair Service will only be scheduled upon Claimant written agreement to be responsible for the additional cost involved.

Any replacement parts or Products provided during the Warranty Period will be covered by the remaining balance of time on the Claimant’s original Warranty. Replacement Chargers and Components will not be covered by an extended or separate warranty period.  Aira, at its cost, will ship repaired or replacement Product or parts to the Claimant’s original shipping address as reflected on the original order/invoice via FedEx Ground or an equivalent service. If expedited shipping is requested by the Claimant, Claimant will be responsible for additional shipping charges.

If any repaired or replacement Product or part is damaged in transit by shipper neglect, please contact Aira at +1 (833) – fre – power immediately upon receipt. 

This Warranty is posted on the Aira website (www.freepower.io). Aira reserves the right to update, modify, amend, or otherwise change (each a “Warranty Change”) the Warranty at any time. Any such Warranty Change shall be deemed effective once posted on the Aira website. FABRICATORS AND PURCHASERS ARE REQUIRED TO REVIEW THE AIRA WEBSITE ON A REGULAR BASIS FOR THE THEN EFFECTIVE AND CONTROLLING WARRANTY.  OTHER THAN THE WARRANTY PROVIDED FOR HEREIN, AIRA MAKES NO OTHER WARRANTY REGARDING PRODUCTS OR ANY REPLACEMENT OR REPAIR SERVICES PROVIDED BY OR ON BEHALF OF AIRA INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE. AIRA DOES NOT WARRANT THAT ANY PRODUCT, ITS USE OR OPERATION OR THE SERVICES PROVIDED UNDER THIS WARRANTY WILL BE ERROR-FREE, WITHOUT ACCIDENT OR ACHIEVE ANY PARTICULAR GOAL OR RESULT. EXCEPT WHERE SPECIFICALLY PROHIBITED BY LAW, AIRA SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES ARISING FROM THE USE OF A PRODUCT, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, REGARDLESS OF THE THEORY ASSERTED. TO THE EXTENT PERMITTED BY FEDERAL AND APPLICABLE STATE 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. AIRA 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 FEDERAL AND APPLICABLE STATE LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED AIRA LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT AIRA’S OPTION, THE REPAIR OR REPLACEMENT DESCRIBED HEREIN.  EACH DISCLAIMER HEREIN CONSTITUTES AN ESSENTIAL PART OF THIS WARRANTY.