ELFKINS LIMITED WARRANTY 

This was last updated on August 4, 2017. 

WHO IS COVERED? 

You must have proof of purchase to receive warranty service. A sales receipt or other document showing that you purchased the ELFKINS Communications Robot (“ELFKIN”, “ELFKIN(S)”) is considered proof of purchase. 

WHAT IS COVERED? 

Empath Interactive, Inc. (“Empath”) warrants that the ELFKIN purchased directly from www.elfkins.com or other authorized retailers will be free from defects in materials and workmanship during the limited warranty period described herein. The limited warranty coverage begins the day you purchase the ELFKIN, as further described in the following text. 

For ninety (90) days from the purchase date, Empath will, at no charge to you, replace the Elfkin that becomes defective or inoperable with a repaired, refurbished, new or comparable ELFKIN (at Empath’s sole discretion). You must return the defective or inoperable ELFKIN to Empath’s designated location following the instructions that we will provide to you. Empath will have no warranty obligations with respect to a returned ELFKIN if it determines, in its reasonable discretion after examination of the returned ELFKIN, that the ELFKIN is ineligible for this limited warranty. This is your sole and exclusive remedy for breach of this limited warranty. This limited warranty is transferable from the original purchaser; provided that the subsequent owner possesses the original receipt documenting the purchase from an authorized retailer.   

Exchanging the ELFKIN for a replacement product does not restart or extend any of the above-set forth time periods, which continue to be calculated from the purchase date of your original ELFKIN. Therefore, when the warranty on your original ELFKIN expires, the warranty on the replacement product similarly expires on that same date. 

WHAT IS EXCLUDED? 

Your warranty does not cover: 

  • Labor charges for installation or setup of the ELFKIN. 
  • Any taxes imposed on Empath for units replaced or repaired under this warranty. 
  • Handling, storage, installation, testing, or use not in accordance with the instructions provided by Empath. 
  • Replacement of the ELFKIN that become defective or inoperable due to misuse, abuse, accident, modifications, improper maintenance, unauthorized repair, normal wear and tear, tampering, interruptions in electric power, or other cause not within the control of Empath, including but not limited to, removal of the outer skin of the ELFKIN, water damage, and disassembly of the ELFKIN.   
  • Consumable parts, including batteries, unless damage is due to defects in materials or workmanship of the ELFKIN.  
  • Damages to, or viruses that may infect, the ELFKIN or other devices arising from the use of unauthorized third-party devices in connection with the ELFKIN. 
  • Damages resulting from or relating to a modification or adaptation that has been made to the ELFKIN to enable it to operate in any country other than the country for which it was designed. 
  • An ELFKIN used for commercial purposes.  
  • Access connections (telephone or broadband), including charges from your communications provider. 

BEFORE REQUESTING SERVICE… 

Please check the troubleshooting advice found at www.elfkins.com/support before calling Empath Customer Support. Following the troubleshooting tips contained therein may save you a call to Customer Support.  

TO GET WARRANTY SERVICE… 

If you believe you need service for an ELFKIN, contact Empath Customer Support at www.elfkins.com/support, support@elfkins.com or 1-877-ELFKINS. If it is determined that an ELFKIN needs to be exchanged, you will receive a return authorization number. The representative will give you complete shipping details.  

DISCLAIMER OF WARRANTIES 

All implied warranties, including implied warranties of merchantability and fitness for a particular purpose, are limited in duration to the duration of this express warranty. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights. You may have other rights which vary from state to state (or jurisdiction to jurisdiction). EMPATH’S RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN AN ELFKIN IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN THIS LIMITED WARRANTY. ALL EXPRESS AND IMPLIED WARRANTIES FOR AN ELFKIN, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF (AND ALL CONDITIONS OF) MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD SET FORTH ABOVE, AND NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WILL APPLY AFTER SUCH PERIOD. Some states (or jurisdictions) do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. 

LIMITATION OF DAMAGES 

EMPATH DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY, AND EMPATH DOES NOT ACCEPT LIABILITY FOR INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE OR FOR LOST DATA. TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY OR THE ELFKIN WILL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE ELFKIN BY THE ORIGINAL PURCHASER. Some states do not allow the exclusion of incidental, indirect or consequential damages, so the above exclusion may not apply to you. This warranty gives you specific legal rights, and you also may have other rights which vary from state to state. 

LIMITATION OF LIABILITY 

EMPATH MAY PROVIDE YOU ONLINE INFORMATION (“PRODUCT INFORMATION”) REGARDING THE ELFKIN. THE INFORMATION MAY CHANGE FROM TIME TO TIME. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, ALL PRODUCT INFORMATION IS PROVIDED FOR YOUR CONVENIENCE, “AS IS”, AND “AS AVAILABLE.” EMPATH DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION WILL BE AVAILABLE, ACCURATE, OR RELIABLE OR THAT PRODUCT INFORMATION OR USE OF THE ELKFIN WILL PROVIDE SAFETY IN YOUR HOME. YOU USE ALL PRODUCT INFORMATION AND THE ELFKIN AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND EMPATH DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR WIRING, FIXTURES, ELECTRICTY, HOME, ELFKIN, ELFKIN PERIPHERALS, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION OR THE ELFKIN.  

IF YOU ARE A NEW JERSEY RESIDENT, THIS LIMITATION OF LIABILITY SECTION IS INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER NEW JERSEY LAW. IF ANY PORTION OF THIS LIMITATION OF LIABILITY SECTION IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION shall not affect the validity of the remaining PORTIONS of THE APPLICABLE SECTION.