Limited Warranty

Miku Inc (“Miku”) warrants solely to the original purchaser (“Purchaser”) that each Miku [Miku Baby Monitor] unit (the “Product”) will be free from defects in materials and workmanship for [twelve (12) months] from the date of tender of such Product unit by Miku from the date of delivery following the original retail purchase (the “Warranty Period”).  Miku’s entire liability and Purchaser’s sole and exclusive remedy for any breach of this limited warranty will be, at Miku’s option: (A) to replace the defective Product with a functionally equivalent product (repair parts and products may be either reconditioned or new, but, if reconditioned, shall be of the same quality as new parts or products); or (B) if Miku determines that it is unable to repair or replace such Product, Miku will refund to Purchaser the amount actually paid by Purchaser to Miku for the applicable Product. All replaced parts become the property of Miku. Miku may, at its sole option, refuse to accept as defective any Product that (i) is subject to the exclusions set forth below; or (ii) cannot be demonstrated to be defective by Miku and Purchaser is unable to provide adequate information describing how the Product failed. Such Product will, at Purchaser’s option and expense, either be: (a) returned to Purchaser in the state received, or (b) repaired and returned to Purchaser.  Any repaired or replaced Product will be warranted for the remainder of the original warranty.

Exclusions

This limited warranty will not apply to: any Product that: (i) has been modified or altered by any party other than Miku; (ii) has been subject to accident, misuse, abnormal wear and tear, neglect, or mistreatment; (iii) damage caused during installation of the Product; (iv) damage caused by the equipment or system with which the Product is used; or (v) Products that are determined to be stolen.  The warranty applies only to Products that can be identified by the Miku trademark, trade name, serial number or logo affixed to them. Miku does not warrant any Product that is not manufactured by, for, or with permission from Miku. 

 

THIS EXPRESS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE PRODUCT AND ANY RELATED SERVICES.  MIKU, ITS SUPPLIERS AND LICENSORS HEREBY EXPRESSLY DISCLAIM ALL SUCH IMPLIED AND EXPRESS WARRANTIES, INCLUDING WITHOUT LIMITATION  ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, MIKU DOES NOT WARRANT RESULTS OF USE OR THAT PURCHASER’S USE OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE. NO WARRANTIES ARE MADE BY MIKU’S SUPPLIERS. EXCEPT FOR THE EXPRESS WARRANTY STATED HEREIN, THE PRODUCT IS PROVIDED “AS IS” AND WITH ALL FAULTS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, ACCURACY AND EFFORT IS WITH PURCHASER.   

REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT WILL MIKU, ITS SUPPLIERS OR LICENSORS BE LIABLE TO PURCHASER OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR ANY OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, EVEN IF MIKU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE.  IN NO EVENT SHALL MIKU’S AND ITS SUPPLIERS’ AGGREGATE LIABILITY EXCEED AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE PRODUCT PAID BY PURCHASER THAT IS THE SUBJECT OF A CLAIM. ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM.  IN ADDITION, MIKU DISCLAIMS ALL LIABILITY OF ANY KIND OF MIKU’S SUPPLIERS. 

The Product is not designed, manufactured or intended for use in hazardous or critical environments or in activities requiring emergency or fail-safe operation or in any other applications or activities in which failure of the Products may pose the risk of environmental harm or physical injury or death to humans (“Dangerous Applications”).  Miku specifically disclaims any liabilities or warranties for any use of the Product by Purchaser for Dangerous Applications.

The Product is not intended to be used as a medical device and the products are not medical devices. Furthermore, the Product is neither regulated nor approved by the U.S. Food and drug administration, and is not designed to detect or prevent causes of any medical condition. The Product and related services are not a substitute for medical care or adult supervision. You acknowledge, understand and agree that your use of the Product is entirely at your own risk.

This limited warranty statement is the final and complete expression of all agreements between the parties with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements, proposals or other communications, oral or written, between the parties with respect to such subject matter.  This limited warranty gives you specific legal rights. You may also have other legal rights that vary by state, province, or jurisdiction. Likewise, some of the limitations in this limited warranty may not apply in certain states. The terms of this limited warranty will apply to the extent permitted by applicable law. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction and you may wish to contact a relevant consumer advisory service.

MIKU RESERVES THE RIGHT TO MAKE CHANGES IN ITS PRODUCTS WITHOUT OBLIGATION TO INCORPORATE SUCH CHANGES INTO ANY PRODUCT PREVIOUSLY MANUFACTURED.

Commitment To Excellence/Satisfaction

Thank you for purchasing a Miku baby monitor that allows you to be “Always There”. At Miku, we are committed to your child’s health, providing a good night’s sleep, and your overall complete satisfaction with Miku. If your Miku is not what you expected and you are not completely satisfied with your purchase, you have 30 days from the date of purchase to request a full refund - no questions asked.

To receive a full refund, your Miku must be sent back in good physical condition with all of the original packaging and components, accompanied with the original proof of purchase. Your Miku must not be damaged, broken, and/or show obvious signs of abuse. Customers are responsible for shipping cost when returning product(s) to Miku. Returns that do not meet these criteria are subject to a partial refund and/or no refund at all at Miku’s discretion. This return policy only applies to Miku products sold directly from mikucare.com and does not apply to any Miku products purchased from resellers, dealers, distributors, and/or retailers. Returns not purchased through mikucare.com must be returned to the original place of purchase. Please allow up to to 2 billing cycles for your refund to appear on your credit card/billing statement. 

Once your Miku and all original accompanied packaging and components are received and have been inspected to ensure no damage, if applicable, we will issue your refund to the original payment method.

If you purchased your Miku from somewhere other than Mikucare.com, then you must contact that reseller for a refund. Unfortunately, we are unable to process refunds for Mikus purchased from 3rd party resellers.

If your Miku was purchased as a gift and has a gift receipt, we will give you the option of receiving Miku credit or a refund to the original payment method. Gift cards and shipping and handling charges are non-refundable.

 

Miku reserves the right to change these policies or procedures at any time without notice. If you have any questions regarding refund or your refund status please contact us at support@mikucare.com or (833)ASK-MIKU (1-833-275-6458).