Product Warranty, Disclaimers, Terms and Conditions, Returns
Lifetime Product Warranty.
Lifetime Warranty. AKEK warrants to the original Buyer that for the lifetime of the product from the date of shipment of the product that such product will materially conform to specifications set forth in the Instruction Manual and be free from material defects in material and workmanship.
Disclaimer. EXCEPT FOR THE WARRANTY SET FORTH IN SECTION 1.1 ABOVE, AKEK MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCT, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Limitation of Remedy. Buyer’s sole and exclusive remedy for any defect in the product, whether the claim arises by virtue of the limited warranty or otherwise, shall be limited to the repair or replacement (at AKEK’s option) of such product. If, within the warranty period, Buyer believes the product to be defective, Buyer must promptly notify AKEK of the nature of the defect. The product may not be returned without first obtaining AKEK’s authorization and shipping instructions. If the product is defective and AKEK is unable to repair the product to conform to the limited warranty, AKEK will, at its option, either refund the purchase price or provide a replacement product which conforms to the limited warranty. The replaced or repaired product will have a limited warranty of 365 days from delivery of original product purchase date.
Limitation of Liability.
No Consequential or Indirect Damages. IN NO EVENT SHALL AKEK BE LIABLE TO BUYER, OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, OR LOST PROFITS OR REVENUES, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT AKEK WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
Maximum Liability. IN NO EVENT SHALL AKEK LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNT PAID TO AKEK FOR THE PRODUCT.
Buyer acknowledges and agrees that the parties entered into the agreement for the sale and purchase of the product in reliance upon the limitations of liability set forth in this Section 2, that the same reflect an allocation of risk between the parties (including the risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis of the bargain between the parties.
Governing Law and Forum. This Agreement and all documents related to the product, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute, are governed by, and construed in accordance with, the laws of the State of Utah, United States of America, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Utah. Buyer irrevocably consents to the exclusive jurisdiction of the Fourth District Court, State of Utah, in and for Utah County, regarding all controversies between the parties.
Modification. None of these terms and conditions may be modified, waived or discharged unless such waiver, modification or discharge is agreed to in writing signed by both the Buyer and AKEK.
Entire Agreement. These terms and conditions constitute the entire agreement between the parties and supersede any prior proposals, advertisements, negotiations, understandings, agreements or representations.
We do not accept any returns on products sold. If an item sold by AKEK is under warranty we will fix or replace the broken item.
At AKEK, we believe that we make the best product and stand behind it 100%. If what you purchased from us isn’t working for you, we want to help.
We are proud to be among the very few who have the confidence to offer our customers the most powerful promise available: a Lifetime Warranty on our entire line of AKEK products – everything we make. Not for 30 days. Not for a year. For the life of the product.
If our products fail you? We’ve failed you, and we stand solidly behind our promise to make it right. We will repair or replace any product that fails to meet your expectations.
With the promise comes some common-sense restrictions.
We will not guarantee products that have been abused or used for purposes other than intended. We will not guarantee products that have come in contact with harmful powders, liquids, heat sources, fire, and/or chemicals that degrade and/or destroy product fabrics, materials, and componentry. We will not guarantee permanently stained products.
If you have any problems with your gear and believe it qualifies for repair or replacement, the first thing to do is start a warranty request. It is beneficial to include photos of the product and areas of concern.
Thank you for being an AKEK customer. We are happy to be part of your adventures. And we are proud to offer you this guarantee.