DIKALE 3D PRINTING PENS AND POWER ADAPTORS
This limited warranty applies to the following DIKALE items only: any DIKALE 3D printing pen and any DIKALE power adaptor shipped with a DIKALE 3D printing pen. This limited warranty does not apply to any other DIKALE items, including, but not limited to, DIKALE plastics and accessories.
This Limited Warranty shall only apply to purchases made by Customers in North America unless otherwise stated by us.
DIKALE 3D PEN LLC (“DIKALE”) warrants to the original consumer purchaser that any DIKALE Product shall be free from material defects in material and workmanship for a period of one (1) year from the original date of purchase for (the "Warranty Period").
SOLE REMEDY OF REPAIR OR REPLACEMENT
If the product is determined to be materially defective during the Warranty Period, your sole remedy and DIKALE’s sole and exclusive liability under this warranty shall be limited to the repair or replacement of the product with a new or refurbished product at DIKALE’s option. For purpose of this Limited Product Warranty and Liability, "refurbished" means a product that has been returned to its original specifications. Claims other than the right to correction of faults in the Product named in this Limited Warranty are not covered by our Limited Warranty.
NON-EXTENSION OF WARRANTY
In the event that DIKALE repairs or replaces your product under warranty, the repair or replacement will remain covered by this warranty for the remainder of the Warranty Period or, where the Warranty Period has expired, for thirty (30) days from the date that the product is returned to you. The warranty term for the Product is not extended or recommenced as a consequence of work performed by us under this Limited Warranty.
All warranty claims are subject to DIKALE’s: (i) receipt of notice of a defect within the warranty period; (ii) verification of the existence of the defect in the product; and (iii) receipt of valid proof of the purchase date.
This warranty is void and will not apply if the product is:
Used with other products or items (including plastic filaments) that are not compatible with the product (i.e. filament (or plastic) that is not the compatible size).
Modified, altered, or otherwise tampered with;
Damaged by accident, unreasonable use, neglect, abuse, misuse, careless handling, overburdening, improper maintenance, or other reasons unrelated to defective materials or workmanship;
Immersed in water or otherwise exposed to moisture;
Used in a manner for which it is not designed, including, but not limited to, handling, storage, installation, testing, or use not in accordance with the operating instructions;
Purchased from an unauthorized dealer or distributor;
Purchased secondhand or from an unauthorized reseller; or
Used for commercial purposes (including rentals).
Each of the above will cause the Product to be an “Ineligible Product”.
DIKALE will have no warranty obligation with respect to non-DIKALE products (even if packaged or sold with a Product) or the following (collectively, “Ineligible Products”):
Product that has no defects in materials or workmanship;
Parts subject to wear and tear due to normal use or natural wear and tear, as well as Product defects caused by wear and tear due to normal use or natural wear and tear;
Products with defects that are not reproducible by DIKALE;
Minor reductions in desired quality that do not substantially change the value and usability of the Product;
Products marked as “sample” or sold “AS IS”; or
Damage cause by any Acts of God, including fire, flood, tornado, earthquake, hurricane, excessive snow, lightning, riot, insurrection, act of war or other disaster.
DIKALE will have no warranty obligations with respect to a returned Product if it determines, in its reasonable discretion after analysis of the returned Product, that the Product is an Ineligible Product.
Please note that Products that have been returned to us, and which have visibly been opened or dissembled (other than as a result of direct instruction by DIKALE customer service personnel), are not covered by this warranty and will not be repaired or returned to the user.
RETURN SHIPPING COSTS
DIKALE will bear all costs of return shipping to Customer, except with respect to any Ineligible Product, for which Customer will bear all shipping costs. Invalid warranty claims may be repairable, in which case you may be offered an estimate of the cost involved.
Email firstname.lastname@example.org to contact the DIKALE Consumer Service Department about warranty issues. Before returning a product to DIKALE, notify the DIKALE Consumer Service Department. If the service representative is unable to solve your problem, you will be provided with instructions as to how to have the product repaired or replaced. If DIKALE believes that there may be a valid warranty claim and confirms the original date of purchase for the product, DIKALE will provide you instructions for returning the product.
MODIFICATIONS TO YOUR PRODUCTS BY US
You understand and acknowledge that in the event that you return your product for repair, it may become necessary for DIKALE to provide certain services to your Product to ensure it is functioning properly. Such services may include the installation of the latest firmware updates. You acknowledge and agree that some services could change your current control settings or cause some changes to functionality.
DISCLAIMER OF STATUTORY WARRANTIES AND CONDITIONS
EXCEPT TO THE EXTENT SET FORTH ABOVE IN THIS LIMITED WARRANTY, THE PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIKALE DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCTS. DIKALE LIMITS ALL IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS TO THE WARRANTY PERIOD, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, AND ACCURACY. DIKALE DOES NOT WARRANT THAT OPERATION OF THE PRODUCTS WILL BE ERROR-FREE OR UNINTERRUPTED. HOWEVER, IF SUCH WARRANTIES ARE REQUIRED AS A MATTER OF LAW, THEN THEY ARE LIMITED IN DURATION TO THE WARRANTY PERIOD AS PRESCRIBED BY LOCAL LAW.
LIMITATION OF LIABILITY
YOUR SOLE AND EXCLUSIVE RECOURSE IN THE EVENT OF ANY DISSATISFACTION WITH OR DAMAGE ARISING FROM THE USE OF THE PRODUCT OR REPAIR OF THE PRODUCT AND DIKALE’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY AND THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT.
IN NO EVENT WILL DIKALE BE LIABLE FOR ANY INJURY, ANY LOSS OF OF PROFIT, OR ANY OTHER LOSS OR DAMAGE SUFFERED BY YOU OR ANY THIRD PARTY, WHETHER SUCH DAMAGES ARE DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL AND ARISING UNDER ANY THEORY OF LAW, RELATING TO THIS WARRANTY OR YOUR USE OF, OR THE INABILITY TO USE, THE PRODUCT, EVEN IF DIKALE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
USER SHALL DETERMINE THE SUITABILITY OF THE PRODUCT FOR HIS OR HER INTENDED USE AND THE USER ASSUMES ALL RISKS AND LIABILITY WHATSOEVER IN CONNECTION THEREWITH.
MODIFICATION OF WARRANTY UNDER APPLICABLE LOCAL LAW
SOME STATES AND/OR NON-US JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR EXCLUSIONS/LIMITATIONS ON INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS 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 OR FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS LIMITED WARRANTY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The warranty offered by DIKALE is the same whether or not you register your product.
DIKALE PLASTICS AND OTHER ACCESSORIES
If you are unhappy with your DIKALE plastic pack(s) and/or accessories when you receive it/them or if you simply change your mind, please return the items to us within 30 days, having taken reasonable care of the items and with packaging and all components, and we will refund you the price you paid for that product. You will only have to pay for the return postage of the products to us.
Email email@example.com for all claims and product return instructions.