After-Sales Service Policies

List of After-Sales Service Policies

1. Part I – Limited Warranty
2. Part II – General Terms
3. Warranty Period of Main Parts
4. Part III – Choice of Law
   
   
   

PART I – LIMITED WARRANTY

These Fluidity After-Sales Policies (these “Policies”) only apply to Fluidity products you purchased from Fluidity’s online store [https://shop.fluidity.tech] for your own use and not for resale.  Purchases of products you purchased elsewhere may be subject to additional terms and conditions.

By using your Fluidity product (the “Product”), you agree to be bound by these Policies.  If you are not eligible or do not agree to any of the Terms, do not use your Fluidity product.  You may be entitled to a full refund of your purchase of the Product if you return the unopened Product within fifteen (15) calendar days of receiving a product in accordance with the Part III of these Policies.  You may be entitled to a refund, less a 15% restocking fee, of your purchase of the product if you opened your product and return it within fifteen (15) calendar days of receiving a product in accordance with the Part III of these Policies.

Fluidity may periodically update, modify, or revise the terms and conditions of these Policies as notified to you in writing or as posted on this page.

What is Covered

Under this Limited Warranty, Fluidity warrants that each Fluidity product that you purchase from Fluidity’s online store will be free from material and workmanship defects under normal use in accordance with Fluidity’s published product materials during the warranty period.  Fluidity’s published product materials include, but not limited to, user manuals, safety guidelines, specifications, in-app notifications, and service communications.  The warranty period for different products and parts vary, please check http://www.fluidity.tech/warranty-period to verify the duration of the warranty for your particular product or parts.  The warranty period for a product starts on the day such product is delivered, unless otherwise agreed upon between you and Fluidity.

How to Obtain Warranty Service

If a product does not function as warranted in accordance to Fluidity’s product materials during the warranty period, you may obtain after-sales service by contacting Fluidity’s local service center as provided in Part II of these Policies or through fludity.zendesk.com.  You will need to provide a valid proof-of-purchase, receipt or order number (for Fluidity Direct Sales) for the warranty service.

Charges may apply for services not covered by this Limited Warranty.  Please contact Fluidity for information specific to your location.  Please note that the warranty service is only available in the respective Fluidity service regions where you purchased your Fluidity product.

What Will Fluidity Do

Fluidity or its authorized representatives will attempt to diagnose and resolve your problem by email, online chat or telephone.  Fluidity may direct you to download and install particular software updates.

If your problem cannot be resolved over email, online chat, telephone or through the application of software updates, you may be required to deliver the product to Fluidity for further examination.  Fluidity will arrange for repair or replacement service at no cost if the problem falls under this Limited Warranty.

What This After-Sales Policy Does NOT Cover

This policy does not cover the following:

• Damage caused by unauthorized modification, disassembly, or shell opening not in accordance with official instructions or manuals.
• Damage caused by improper installation, incorrect use, or operation not in accordance with official instructions or manuals.
• Damage caused by non-authorized service provider.
• Damage caused by improper charging or misuse of the battery.
• Damage caused by operation in inclement weather (rain, sand/dust storms, etc.)
• Damage caused by operating the product in an environment with electromagnetic interference (i.e., in mining areas or close to radio transmission towers, high-voltage wires, substations, etc.)
• Damage caused by operating the product in an environment suffering from interference from other wireless devices (i.e., transmitter, video-downlink, Wi-Fi signals, etc.)
• Damage caused by operating the unit with a low-charged or defective battery.
• Uninterrupted or error-free operation of a product.
• Loss of, or damage to, your data by a product.
• Any software programs, whether provided with the product or installed subsequently.
• Failure of, or damage caused by any third-party products or services.
• Damage resulting from any non-Fluidity technical or other support, such as assistance with “how-to” questions or inaccurate product setup and installation.
• Products or parts with an altered identification label or from which the identification label has been removed.
• Ordinary wear and tear.
  
  

LIMITATION OF LIABILITY

WHEN RECEIVING SERVICE, FLUIDITY IS RESPONSIBLE FOR LOSS OR DAMAGE TO YOUR PRODUCT ONLY WHILE IT IS IN FLUIDITY’S POSSESSION OR IN TRANSIT, IF FLUIDITY IS RESPONSIBLE FOR TRANSPORTATION.

FLUIDITY IS NOT RESPONSIBLE FOR LOSS OR DISCLOSURE OF ANY DATA, INCLUDING CONFIDENTIAL INFORMATION, PROPRIETARY INFORMATION, OR PERSONAL INFORMATION, CONTAINED IN A PRODUCT.

UNDER NO CIRCUMSTANCES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY SET FORTH HEREIN, SHALL FLUIDITY, ITS AFFILIATES, SUPPLIERS, VENDORS, RESELLERS, OR SERVICE PROVIDERS BE LIABLE FOR ANY OF THE FOLLOWING EVEN IF INFORMED OF THEIR POSSIBILITY AND REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY: 1) THIRD PARTY CLAIMS AGAINST YOU FOR DAMAGES; 2) LOSS, DAMAGE OR DISCLOSURE OF YOUR DATA; 3) SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, BUSINESS REVENUE, GOODWILL OR ANTICIPATED SAVINGS.  IN NO CASE SHALL THE TOTAL LIABILITY OF FLUIDITY FOR DAMAGES FROM ANY CAUSE EXCEED THE AMOUNT OF THE ACTUAL DIRECT DAMAGES, NOT TO EXCEED THE AMOUNT PAID FOR THE PRODUCT.  THE FLUIDITY PRODUCTS SOLD HEREUNDER CONTAIN COMPONENTS MANUFACTURED OR SUPPLIED BY THIRD PARTIES.  IN NO EVENT SHALL SUCH THIRD PARTIES, INCLUDING FLUIDITY’S THIRD PARTY DEVELOPERS, VENDORS, SUPPLIERS, CONTRACTORS, OR CONSULTANTS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES ARISING FROM THESE POLICIES. SUCH THIRD PARTIES ARE BENEFICIARIES OF THE SALE OF SUCH PRODUCTS SOLD TO YOU HEREUNDER.  THIRD PARTY COMPONENTS IN THE FLUIDITY PRODUCTS OR OTHERWISE SUPPLIED BY FLUIDITY MAY NOT BE USED INDEPENDENTLY OF THE FLUIDITY PRODUCTS.

THE FOREGOING LIMITATIONS DO NOT APPLY TO DAMAGES FOR BODILY INJURY (INCLUDING DEATH), DAMAGE TO REAL PROPERTY OR DAMAGE TO TANGIBLE PERSONAL PROPERTY TO THE EXTENT ARISING FROM FLUIDITY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

AS SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF WARRANTY

TO THE EXTENT PERMITTED BY LAW, EXCEPT AS EXPRESSLY PROVIDED IN THIS LIMITED WARRANTY, FLUIDITY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE OR TRADE.  THE FLUIDITY ENTITIES DO NOT WARRANT, EXCEPT AS EXPRESSLY PROVIDED IN FLUIDITY LIMITED WARRANTY, THAT THE PRODUCT, PRODUCT ACCESSORIES, OR ANY PORTION OF THE PRODUCT, OR ANY MATERIAL, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, DEFECTS OR OTHER HARMFUL COMPONENTS.  IN NO EVENT SHALL FLUIDITY’S PERFORMANCE OF ITS OBLIGATIONS UNDER THESE POLICIES FOR EACH PRODUCT PURCHASED THROUGH FLUIDITY’S ONLINE STORE EXCEED THE PRICE PAID FOR SUCH PRODUCT.

SHOULD SUCH WARRANTIES CANNOT BE DISCLAIMED, FLUIDITY LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT FLUIDITY’S OPTION, THE REPAIR OR REPLACEMENT SERVICES PROVIDED IN THIS LIMITED WARRANTY.

SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Your Other Rights

This Limited Warranty provides you with extra and specific legal rights.  You may have other rights according the applicable laws of your state or jurisdiction.  You may also have other rights under a written agreement with Fluidity.  Nothing in this Limited Warranty affects your statutory rights, including rights of consumers under laws or regulations governing the sale of consumer products that cannot be waived or limited by agreement.

*Warranty period may vary according to local laws and regulations.

PART II – GENERAL TERMS

Fluidity guarantees that, subject to the following conditions, Return & Refund Service, Replacement Service and Warranty Repair Service can be requested.  Please contact Fluidity at support@fluidity.tech if you purchased your product on the Fluidity online store or your authorized Fluidity dealer for more details.

You can request Return & Refund Service

• Within fifteen (15) calendar days of receiving a product if the product has no manufacturing defect, has not been opened and is still in new or like-new condition, for a full refund.
• Within fifteen (15) calendar days of receiving a product if the product has been opened but has no manufacturing defect and is still in new or like-new condition, subject to a 15% restocking fee.
• Within fifteen (15) calendar days of receiving a product if the product has a manufacturing defect, for a full refund.
  
  

Return & Refund Service will not be provided where:

• It is requested beyond fifteen (15) calendar days of receiving a product.
• A product sent to Fluidity for Return & Refund does not include all original accessories, attachments or packaging, or any item is not in new or like-new condition, i.e., with cracks, dents or scratches.
• A legal proof of purchase, receipt or invoice is not provided or is reasonably believed to have been forged and tampered with.
• Any fault or damage of the product is caused by unauthorized use or modification of the product, including exposure to moisture, entry of foreign bodies (water, oil, sand, etc.) or improper installation or operation.
• Product labels, serial numbers, waterproof marks, etc. show signs of tampering or alteration.
• A product is not delivered to Fluidity within fifteen (15) calendar days after Return & Refund Service confirmation is sent from Fluidity.
• Other circumstances stated in this policy.
  
  

You can request Replacement Service:

• Within fifteen (15) calendar days of receiving the product if the product has sustained a substantial damage in transit, provided always that the damage proof issued by the carrier can be provided to Fluidity.
• Within fifteen (15) calendar days of receiving the product if the product does not match the original description of the product in one or more significant respects.
• Within fifteen (15) calendar days of receiving the product if the product suffers performance failure.
  
  

Replacement Service will not be provided where:

• Service is requested more than fifteen (15) calendar days after receiving a product.
• Legal proof-of-purchase, receipts, or invoices are not provided, or are reasonably believed to have been forged or tampered with.
• A product sent to Fluidity for replacement does not include all original accessories, attachments and packaging, or contains items damaged by user error.
• A product is found to have no defects after all appropriate tests are conducted by Fluidity.
• Any fault or damage of the product is caused by unauthorized use or modification of the product, including exposure to moisture, entry of foreign bodies (water, oil, sand, etc.) or improper installation or operation.
• Product labels, serial numbers, water damage marks, etc., show signs of tampering or alteration.
• Damage is caused by uncontrollable external factors, including fires, floods, high winds, or lightning strikes.
• Received product has not been sent back to Fluidity within fifteen (15) calendar days after replacement confirmation from Fluidity.
• Proof of damage during transit issued by the carrier cannot be provided.
• Other circumstances stated in this policy.
  
  

What to do Before Obtaining After-sales Service

Before obtaining after-sales service, the following steps must be taken:

• Initiate a request by sending email to support@fluidity.tech indicating a need for After-sales Service (briefly describe service issue and include order number, if applicable).
• Fluidity will provide a Return Material Authorization Number (“RMA”) and shipping instructions.
• Safely pack and mail all original contents, including accessories, to the address provided in the shipping instructions. Additionally, include RMA reference with your return package, both on shipping label description, if applicable, and inside the box.
• Once received, Fluidity will review and respond to initial service request with service alternatives.
  
  

Product and Part Replacement

When after-sales service involves the replacement of a product or part, the replaced product or part becomes Fluidity’s property and the replacement product or part becomes your property.  Only unaltered Fluidity products and parts are eligible for replacement.  Replacement products or parts provided by Fluidity may not be new, but they will be in good working order and at least functionally equivalent to the original product or part’s warranty.  A replacement product or part shall be covered for the time remaining in the original product’s warranty.

Use of Personal Contact Information and Data

If you obtain service under this policy, you authorize Fluidity to store, use, and process your product’s log information and your contact information, including name, phone numbers, address, and e-mail address.  You agree and understand that it is necessary for Fluidity to collect, process and use your data to perform service under this policy.  We may contact you to inquire about your satisfaction with our service or to notify you about any product recalls or safety issues.  Fluidity may request your authorization to access, use and process the data that is stored in your product when you decide to apply for after-sales service.  If you refuse to do so, Fluidity may not be able to provide certain after-sales service to you.  To achieve these aims, you authorize Fluidity to transfer your information to any country where we do business and to provide it to entities acting on our behalf.  We may also disclose your information where required by law.  Fluidity’s privacy policy will govern the usage of data that you provide and is available at https://fluidity.tech/privacy-policy/.

Essential Information

• You are responsible for shipping costs when sending product(s) for return, repair or replacement.
• Fluidity will examine the returned product(s) to identify the problem.  If the problem qualifies for service under this policy, Fluidity will bear the cost for refund, replacement, or repair and return the product(s) at our cost to you.
• If Fluidity determines that the issue in question is not covered by this Fluidity After-Sales Policy, Fluidity will return the product(s) with you burdening the cost of return shipping.
• Please note that the products and components presented for warranty repair may be replaced by refurbished goods of the same type rather than being repaired.  These refurbished goods have been tested and are similar to brand new goods in function and appearance.  If any refurbished parts or units do not meet our quality assurance requirements, brand new parts or units will be issued.  Any replaced parts may come with different serial numbers.
• Please be aware that where a product is capable of retaining user-generated data, such data may be lost during the repair process.  We therefore recommend that you back up your data prior to any repair.
• Please note that products are covered under warranty only if they are purchased from Fluidity directly or authorized dealers.
• To guarantee your legal rights, please check whether your product is intact (check whether any damage has occurred to your product during transportation) upon delivery.  If the product has a defect, please report it to us within fifteen (15) days of delivery; or it will be deemed that the product you received is intact and fully functional.
  
  

WARRANTY PERIOD OF MAIN PARTS

*Warranty period may vary according to local laws and regulations.

PART III – CHOICE OF LAW

The provisions of these Policies shall be governed by the laws of the State of Texas without regard to the conflict of laws principles thereof.  If any portion of these Policies or the application thereof to any persons or circumstances should be found to be invalid by a court of competent jurisdiction, such invalid portion shall be deemed amended to the minimum extent required to comply with state law.