Effective from July 1, 2020
The purpose of this Warranty and Repair Policy (this “Policy”) is to establish guidelines for repair and replacement services that Agora Brands, LLC dba YAK Grills (“YAK”) offers to original purchasers of its products and other customers who receive its products in new condition as a gift from the original purchaser (collectively, the “Customer” or “Customers”) free of charge during the warranty period as well as repair and replacement services that YAK provides for a fee. This Policy is only applicable to YAK's products that were purchased, used, and located within Canada and the United States, (the “Product” or “Products”), excluding, for the avoidance of doubt, any of its Products imported into or otherwise sold or used in the United States by an unauthorized third party.
1. Limited Warranty.
YAK warrants the Product to be free from material defects in material and workmanship that manifest in the course of normal use of the Product, for a period of five (5) years from the date of original purchase for YAK grill housinh body and one (1) year from the date of original purchase for YAK produced internal grill components and all accessories. Pursuant to this Policy, YAK will, at its sole discretion, either (i) provide complementary repair services for the defective Product; or (ii) replace the defective Product with one of like kind and quality, but not necessarily same color, or a similar model of equivalent value, if the same model is not available in stock, upon the occurrence of any failure or defect covered under this Policy during the warranty period. In the event of a defect of the Product, the remedies provided under this Policy are the sole and exclusive remedies available. This Policy does not cover second-hand or previously-used Products, which were sold “AS IS” or “OPEN BOX.”
2. Warranty Period.
The original warranty period is either five (5) or one (1) years from the date of original purchase. If an extended limited warranty was purchased at the time of the original purchase, your Product will have the same coverage as provided under the original warranty under this Policy for an additional period. This extended limited warranty will begin after the original warranty period and expire at an agreed-upon date. The warranty will automatically terminate after the expiration of the warranty period specified in this Policy, even if the Product remains unused at any time during the warranty period for any reason whatsoever.
3. Exclusion to Warranty.
The warranty shall be void if (i) the Product shows signs of wear-and-tear or abuse beyond normal use (as determined at YAK’s sole discretion), or (ii) a declaration of defect is determined (at YAKs sole discretion) to be false or reckless. Failures or defects of the Product that result from or are attributable to the following are not covered under this Policy:
a. Failure to strictly follow or adhere to the contents of the instruction manual, the labels or other caution notes that come with the Product or any other written precautions (including any use outside the United States).
b. Accident, misuse, exposure to liquid, alteration, modification, abuse or unauthorized repair.
c. Fire, earthquake, wind or water damage, lightning or other acts of God, or from pollution, salt damage, abnormal voltage or other external factors.
d. Improper physical or electrical operating environment.
e. Non-personal use (e.g. for commercial purposes).
f. Surface damage (surface-level scratching, denting, melting, etc.).
g. Improper storage, such as in a hot or humid place.
h. Use with non-YAK products or products not recommended for use with YAK products
a. In order to make a claim under this Policy, Customers shall contact YAK customer care at email@example.com, register the product and provide proof of the original purchase of the Product showing the date of the original purchase within the warranty period. Upon receiving such contact, Customers will be provided with a shipment label for use in shipping the Product to YAK. YAK reserves the right to reject any claim under this Policy for lack of sufficient proof of purchase of the Product within the warranty period.
b. Customers shall use the label for shipping the Product to YAK. The cost of such shipment shall be covered by YAK; however, YAK reserves the right to charge Customers for the cost of such shipment if it deems, in its sole discretion, the warranty is not applicable to the Product. When a shipment label is not used by a Customer, such Customer shall be responsible for the payment of costs associated with shipment and insurance, if desired. YAK will not accept Products that are shipped “cash on delivery” except with the prior written consent of YAK.
c. When the warranty under this Policy is applicable to a returned Product, YAK shall incur the cost for returning the Product to the Customer. If this Policy is not applicable to any returned Product, YAK is not responsible for the cost of returning the Product to the Customer, but will arrange for shipment upon payment of costs by the Customer.
d. Recycled parts or replacement parts may be used during repair. If parts are replaced during repairs, YAK may collect, process or dispose of the old parts at its sole discretion.
e. Any Product repaired or replaced under this Policy shall be subject to the balance of the original warranty period applicable to the Product.
f. YAK may assign any of its rights and/or obligations under this Policy, either in whole or in part, to any of its affiliates or any third party. YAK may also at its discretion enter into any subcontract with any person for the performance of any part of this warranty or appoint any authorized service provider.
5. Customer Communications Regarding Services.
Upon receipt of any returned Product, YAK shall determine the applicability of the warranty. If the warranty is applicable to a returned Product, then YAK shall proceed with repair or replacement services and promptly provide notification to the Customer upon completion (“Covered Repair Notice”). If the warranty is not applicable, then YAK shall promptly notify the Customer of such fact, and seek further instructions from the Customer as to whether they would like to proceed with repair services for a fee with the estimate of repair cost (“Paid Repair Inquiry”). If the Customer approves the estimate and instructs YAK to proceed with paid repair services, then YAK shall proceed with such paid repairs, and notify the Customer promptly upon completion (“Paid Repair Notice”).
6. Abandonment of Products.
Products returned to YAK are deemed abandoned if it is still in YAK’s possession thirty (30) days after the occurrence of any of the following (the “Disposal Grace Period”):
a. After receiving the Covered Repair Notice, the Customer fails to respond to YAK’s satisfaction within seven (7) days;
b. After receiving the Paid Repair Inquiry, the Customer fails to respond to YAK’s satisfaction within seven (7) days; and
c. After receiving the Paid Repair Notice, the Customer fails to respond to YAK’s satisfaction within seven (7) days (a.~c. herein, collectively as “Abandonment”).
Upon Abandonment, the Customer or any sender of the Product to YAK agrees to renounce and disclaim (i) ownership or any other legal interest in and to such Product, and (ii) any and all legal claims against YAK for any reason related to the Product. Upon the expiration of the Disposal Grace Period, YAK or its designated party may dispose of the Product, at the Customer’s sole cost (including fees for any paid services provided), as YAK deems appropriate and at its sole discretion without any liability to the Customer or other owners of the Products whatsoever.
7. Discount Offer.
Even if a Customer cannot receive repair or replacement service free of charge under Section 2 hereof (e.g., the warranty period is expired; or the warranty is void pursuant to Section 3 hereof), YAK may, in its sole discretion, provide the Customer with a discounted purchase offer for a YAK product that is the same or similar to the Product originally purchased. In that case, the original warranty period of five (5) years for the new Product shall commence from the date of such purchase.
8. Disclaimer of Consequential Damages.
YAK SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER. NEITHER SHALL YAK HAVE LIABILITY FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR RECOVERY AGAINST IT OF ANY KIND OR NATURE WHATSOEVER IN AN AMOUNT GREATER THAN THE PURCHASE PRICE OF THE PRODUCT.
9. Disclaimer of Implied Warranties.
Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS POLICY, YAK DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
10. Applicable Law, Venue and Limitation of Actions.
This Policy shall be governed by and construed in accordance with the laws of the State of New York, notwithstanding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any action at law or in equity arising out of or relating to this Policy shall be conclusively adjudicated in a binding arbitration, held in accordance with the Commercial Arbitration Rules of the American Arbitration Association by a single arbitrator in New York, NY.
11. Right to Modify; Applicability; Severability.
YAK reserves the right in its sole discretion to modify this Policy, with or without advance notice, from time to time. This Policy is applicable in the form or version in effect at the time of contact from a Customer to the YAK customer care team. If any provision of this Policy is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of the Policy and shall not affect the validity and enforceability of any remaining provisions.
In addition to terms and conditions set forth in this Policy, you may have other remedies which vary from state to state. This is the entire warranty between you and YAK. No reseller or agent of the Products is authorized to make any modification, extension or addition to this Policy.