LIMITED WARRANTY (USA/CANADA/MEXICO)
ARBITRATION NOTICE: THIS LIMITED WARRANTY CONTAINS AN ARBITRATION PROVISION THAT REQUIRES YOU AND COWAY TO RESOLVE DISPUTES BY BINDING ARBITRATION INSTEAD OF IN COURT, UNLESS YOU CHOOSE TO OPT OUT. IN ARBITRATION, CLASS ACTIONS AND JURY TRIALS ARE NOT PERMITTED. PLEASE SEE THE SECTION TITLED “PROCEDURE FOR RESOLVING DISPUTES” BELOW.
Should the motor or other electronic parts of Coway’s product fail due to a defect in materials or workmanship under normal home use, during the warranty period set forth below, Coway will at its option repair or replace the part and/or the product. This limited warranty is valid only to the original retail purchaser of the product and applies only when purchased and used within the United States, Canada. Proof of original retail purchase and the video of the issue are required to obtain warranty service under this Limited Warranty.
|Warranty Period||Scope of Warranty||Remark|
|One (1) year from date of original retail purchase||Any internal/functional parts||Filter and installation parts excluded|
- Replacement products and parts are warranted for the remaining portion of the original warranty period or ninety (90) days, whichever is greater.
- Replacement products and parts may be new or remanufactured.
THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT ANY IMPLIED WARRANTY IS REQUIRED BY LAW, IT IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD ABOVE. NEITHER THE MANUFACTURER NOR ITS DISTRIBUTOR SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR PROFITS, OR ANY OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE.
Some states, provinces, or countries do not allow the exclusion or limitation of incidental or consequential damages or limitations on how long an implied warranty lasts. Therefore, the above exclusion or limitation 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.
THIS LIMITED WARRANTY DOES NOT COVER:
- Service trips to deliver, pick up, or install or repair the product; instruction to the customer on operation of the product; repair or replacement of fuses or correction of wiring or plumbing, or correction of unauthorized repairs/installation.
- Failure of the product to perform during power failures and interrupted or inadequate electrical service.
- Damage caused by leaky or broken water pipes, frozen water pipes, restricted drain lines, inadequate or interrupted water supply or inadequate supply of air.
- Damage resulting from operating the product in a corrosive atmosphere or contrary to the instructions outlined in the owner’s manual of the product.
- Damage to the product caused by accidents, pests and vermin, lightning, wind, fire, floods, or acts of God.
- Damage or failure caused by unauthorized modification or alteration, or use for other than the intended purpose.
- Damage or failure of fan caused during the shipment or by misuse of the customer.
- Damage or failure caused by incorrect electrical current, voltage, or plumbing codes, commercial or industrial use, or use of accessories, components, or consumable cleaning products which are not approved by Coway.
- Damage caused by transportation and handling, including scratches, dents, chips, and/or other damage to the finish of your product, unless such damage results from defects in materials or workmanship on the motor or other electronic parts and is reported within one (1) week of delivery.
- Damage or missing items to any display, open box, discounted, or refurbished product.
- Products with original serial numbers that have been removed, altered, or cannot be readily determined. Model and serial numbers, along with original retail sales receipts, are required for warranty validation.
- Increases in utility costs and additional utility expenses.
- Repairs when the product is used for other than normal and usual household use (e.g., commercial use, in offices and recreational facilities) or contrary to the instructions outlined in the product’s owner’s manual.
- Costs associated with removal of the product from your home for repairs.
- The removal and reinstallation of the product if it is installed in an inaccessible location or is not installed in accordance with published installation instructions, including the owner’s and installation manuals of Coway.
- Damage resulting from misuse, abuse, improper installation, repair, or maintenance. Improper repair includes use of parts not approved or specified by Coway.
The cost of repair or replacement under these excluded circumstances shall be borne by the consumer.
TO OBTAIN WARRANTY SERVICE:
Please contact Coway at 1-800-285-0982 between 8:00am and 5:00pm PT, Monday through Friday, to speak with an authorized representative of Coway. Your warranty claim file will be opened, and you will be instructed to send the proof of purchase, video footage showing the alleged defect and the product to the address designated by the representative. Within 30 days from its receipt of said proof, video footage and the product, Coway will either (i) send you the repaired or replaced product at no charge to you or (ii) send you your original product at your costs if your warranty claim is denied, which will be promptly notified by Coway. THE PROOF OF PURCHASE, VIDEO FOOTAGE AND THE PRODUCT SHALL BE RECEIVED BY COWAY WITHIN 30 DAYS AFTER YOUR WARRANTY CLAIM FILE IS OPENED.
For additional product information, please visit Coway’s website at https://cowaymega.com/
For further assistance, please write:
Coway USA, Inc.
4221 Wilshire Blvd., STE 210
Los Angeles, CA 90010
PROCEDURE FOR RESOLVING DISPUTES:
ALL DISPUTES BETWEEN YOU AND COWAY ARISING OUT OF OR RELATING IN ANY WAY TO THIS LIMITED WARRANTY OR THE PRODUCT SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION, AND NOT IN A COURT OF GENERAL JURISDICTION. BINDING ARBITRATION MEANS THAT YOU AND COWAY ARE EACH WAIVING THE RIGHT TO A JURY TRIAL AND TO BRING OR PARTICIPATE IN A CLASS ACTION.
Definitions. For the purposes of this section, references to “Coway” mean Coway USA, Inc., its parents, subsidiaries and affiliates, and each of their officers, directors, employees, agents, beneficiaries, predecessors in interest, successors, assigns and suppliers; references to “dispute” or “claim” shall include any dispute, claim or controversy of any kind whatsoever (whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation or any other legal or equitable theory) arising out of or relating in any way to the sale, condition or performance of the product or this Limited Warranty.
Notice of Dispute. In the event you intend to commence an arbitration proceeding, you must first notify Coway in writing at least 30 days in advance of initiating the arbitration by sending a letter to Coway at Coway USA, Inc., Attn: Legal Department- Arbitration, 4221 Wilshire Blvd., STE 210, Los Angeles, CA 90010.
You and Coway agree to engage in good faith discussions in an attempt to amicably resolve your claim. The notice must provide your name, address, and telephone number; identify the product that is the subject of the claim; and describe the nature of the claim and the relief being sought. If you and Coway are unable to resolve the dispute within 30 days, either party may proceed to file a claim for arbitration.
Agreement to Binding Arbitration and Class Action Waiver. Upon failure to resolve the dispute during the 30 day period after sending written notice to Coway, you and Coway agree to resolve any claims between us only by binding arbitration on an individual basis, unless you opt out as provided below. Any dispute between you and Coway shall not be combined or consolidated with a dispute involving any other person’s or entity’s product or claim. More specifically, without limitation of the foregoing, any dispute between you and Coway shall not under any circumstances proceed as part of a class or representative action. Instead of arbitration, either party may bring an individual action in small claims court, but that small claims court action may not be brought on a class or representative basis.
Arbitration Rules and Procedures. To begin arbitration of a claim, either you or Coway must make a written demand for arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”) and will be conducted before a single arbitrator under the AAA’s Consumer Arbitration Rules that are in effect at the time the arbitration is initiated (referred to as the “AAA Rules”) and under the procedures set forth in this section. The AAA Rules are available online at www.adr.org/consumer. Send a copy of your written demand for arbitration, as well as a copy of this provision, to the AAA in the manner described in the AAA Rules. You must also send a copy of your written demand to Coway at Coway USA, Inc., Attn: Legal Department- Arbitration, 4221 Wilshire Blvd., STE 210, Los Angeles, CA 90010. If there is a conflict between the AAA Rules and the rules set forth in this section, the rules set forth in this section will govern. This arbitration provision is governed by the Federal Arbitration Act. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision and to the arbitrability of the dispute are for the court to decide. The arbitrator is bound by the terms of this provision.
Governing Law. The law of the state of your residence shall govern this Limited Warranty and any disputes between us except to the extent that such law is preempted by or inconsistent with applicable federal law.
Fees/Costs. If you prevail in the arbitration, Coway will pay your attorneys’ fees and expenses as long as they are reasonable, by considering factors including, but not limited to, the purchase amount and claim amount. Notwithstanding the foregoing, if applicable law allows for an award of reasonable attorneys’ fees and expenses, an arbitrator can award them to the same extent that a court would. If the arbitrator finds either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all arbitration fees will be governed by the AAA Rules. In such a situation, you agree to reimburse Coway for all monies previously disbursed by it which are otherwise your obligation to pay under the AAA Rules.
Hearings and Location. If your claim is for $25,000 or less, you may choose to have the arbitration conducted solely on the basis of (1) documents submitted to the arbitrator, (2) through a telephonic hearing, or (3) by an in-person hearing as established by the AAA Rules. If your claim exceeds $25,000, the right to a hearing will be determined by the AAA Rules. Any in-person arbitration hearings will be held at a location within the federal judicial district in which you reside unless we both agree to another location or we agree to a telephonic arbitration.
Opt Out. You may opt out of this dispute resolution procedure. If you opt out, neither you nor Coway can require the other to participate in an arbitration proceeding. To opt out, you must send notice to Coway no later than 30 calendar days from the date of the first consumer purchaser’s purchase of the product by either: (i) sending an e-mail to firstname.lastname@example.org with the subject line: “Arbitration Opt Out” or (ii) calling 1-800-285-0982. You must include in the opt out e-mail or provide by telephone: (a) your name and address; (b) the date on which the product was purchased; (c) the product model name or model number; and (d) the serial number (the serial number can be found on the product.
You may only opt out of the dispute resolution procedure in the manner described above (that is, by e-mail or telephone); no other form of notice will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect the coverage of the Limited Warranty in any way, and you will continue to enjoy the full benefits of the Limited Warranty. If you keep this product and do not opt out, then you accept all terms and conditions of the arbitration provision described above.