Warranty & Exchange Policy
Warranty & Exchange Policy
RussKap Water Two (2) Year Limited Warranty
(for RussKap Holdings and RussKap Water branded products only)
IMPORTANT: BY USING YOUR RUSSKAP ATMOSPHERIC WATER GENERATOR (INCLUDES ALL VARIANTS OF THE TIFFANY, MAVERICK, AND OASIS) YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE RUSSKAP WATER TWO (2) YEAR LIMITED WARRANTY (“WARRANTY”) AS SET OUT BELOW. THE LATEST COPY OF THE RUSSKAP WATER TWO (2) YEAR LIMITED WARRANTY CAN BE FOUND ONLINE AT [https://russkapwater.com/pages/warranty-exchange-policy].
DO NOT USE YOUR PRODUCT UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE PRODUCT AND RETURN IT WITHIN THE RETURN PERIOD STATED IN RUSSKAP WATER’S RETURN POLICY (FOUND AT https://russkapwater.com/pages/return-refund-policy) TO RUSSKAP WATER OR AN AUTHORIZED REPRESENTATIVE.
HOW CONSUMER LAW RELATES TO THIS WARRANTY
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). OTHER THAN AS PERMITTED BY LAW, RUSSKAP WATER DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE.
WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. RUSSKAP WATER DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, RUSSKAP WATER LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT RUSSKAP WATER’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.
WHAT IS COVERED BY THIS WARRANTY?
RussKap Water, LLC of 801 NE 167 Street, Miami, Florida 33162 (“RussKap Water”) warrants the RussKap-branded TIFFANY Atmospheric Water Generation (“AWG”) Unit (“Product”), MAVERICK AWG Unit (“Product”), and the OASIS AWG Unit (“Product”) against defects in materials and workmanship when used normally in accordance with RussKap Water’s published guidelines for a period of TWO (2) YEARS from the date of original retail purchase by the end-user purchaser (“Warranty Period”). RussKap Water’s published guidelines include but are not limited to information contained in technical specifications, user manuals, and service communications.
WHAT IS NOT COVERED BY THIS WARRANTY?
This Warranty does not apply to any non-RussKap branded products. Manufacturers, suppliers, or publishers, other than RussKap Water, may provide their own warranties to you – please contact them for further information. RussKap Water does not warrant that the operation of the RussKap Water Product will be uninterrupted or error-free. RussKap Water is not responsible for damage arising from failure to follow instructions relating to the RussKap Water Product’s use.
This Warranty does not apply: (a) to consumable parts, such as protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports, handles, nozzles, or any components unless failure has occurred due to a defect in materials or workmanship; (c) to damage caused by use with a third party component or product that does not meet the RussKap Water Product’s specifications (RussKap Water Product specifications are available at www.russkapwater.com under the technical specifications for each product and also available by contacting RussKap Water authorized representatives); (d) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause; (e) to damage caused by operating the RussKap Water Product outside RussKap Water’s published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of RussKap Water or a RussKap Water Authorized Service Provider (“RWASP”); (g) to a RussKap Water Product that has been modified to alter functionality or capability without the written permission of RussKap Water; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the RussKap Water Product; (i) if any serial number has been removed or defaced from the RussKap Water Product; or (j) if RussKap Water receives information from relevant public authorities or registries that the product has been stolen and you cannot prove in any way that you are the authorized user of the product (e.g., by presenting proof of purchase). To the extent permitted by local law, RussKap Water may provide hardware identifier information from the RussKap Water Product to such authorities or registries for security and fraud prevention purposes.
IMPORTANT RESTRICTION FOR RUSSKAP WATER PRODUCTS.
RussKap Water may restrict warranty service for RussKap Water products to the country where RussKap Water or its Authorized Distributors originally sold the product.
YOU SHOULD MAKE BACKUP COPIES OF THE INFORMATION CONTAINED ON THE RUSSKAP WATER PRODUCT TECHNICAL MANUAL TO PROTECT THE CONTENTS AND AS A PRECAUTION AGAINST POSSIBLE OPERATIONAL FAILURES.
Before receiving warranty service, RussKap Water or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow RussKap Water’s procedures for obtaining warranty service.
Following warranty service your RussKap Water Product or a replacement will be returned to you as your RussKap Water Product was configured when originally purchased, subject to applicable updates. RussKap Water may install system hardware or software updates as part of warranty service that will prevent the RussKap Water Product from reverting to an earlier version of the system hardware or software. Third party accessories or applications installed on the RussKap Water Product may not be compatible or work with the RussKap Water Product as a result of the system hardware or software update. You will be responsible for reinstalling all other accessories or applications. Recovery and reinstallation of other accessories or applications are not covered under this Warranty.
Important: Do not open the RussKap Water Product. Opening the RussKap Water Product may cause damage that is not covered by this Warranty. Only RussKap Water or a RWASP should perform service on any RussKap Water Product.
WHAT WILL RUSSKAP WATER DO IN THE EVENT THE WARRANTY IS BREACHED?
If during the Warranty Period you submit a claim to RussKap Water or a RWASP in accordance with this warranty, RussKap Water will, at its option:
(i) repair the RussKap Water Product using new or previously used RussKap Water genuine parts that have been tested and passed RussKap Water functional requirements,
(ii) replace the RussKap Water Product with a replacement product of the same model (or with your consent a product that has the same or substantially similar features as the original product – e.g., a different model with the same features, or the same model in a different color) that is new or comprised of new and/or previously used RussKap Water genuine parts and has been tested and passed RussKap Water functional requirements, or
(iii) exchange the RussKap Water Product for a refund of your purchase price less the return cost of shipping and handling.
RussKap Water may request that you replace certain user-installable parts or RussKap Water Products. A replacement part or RussKap Water Product, including a user-installable part that has been installed in accordance with instructions provided by RussKap Water, assumes the remaining term of the Warranty or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a RussKap Water Product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes RussKap Water’s property.
HOW TO OBTAIN WARRANTY SERVICE?
Please access and review the online help resources found on the products' page of the RussKap Water website or by referring to the 'troubleshooting' section of your product user manual before seeking warranty service. If the RussKap Water Product is still not functioning properly after making use of these resources, please contact a RussKap Water representative, using the information provided below. A RussKap Water representative will help determine whether your RussKap Water Product requires service and, if it does, will inform you how RussKap Water will provide it. When contacting RussKap Water via telephone or by other means, other charges may apply depending on your location.
Online information with details on obtaining warranty service is provided below.
WARRANTY SERVICE OPTIONS
RussKap Water will provide warranty service through one or more of the following options:
(i) In-person service. You may return your RussKap Water Product to RussKap Water as directed by a RussKap Water authorized representative. Service will be performed at the customer’s location, or a RWASP may send your RussKap Water Product to a RussKap Water Repair Service (“RWRS”) location to be serviced. Once you are notified that service is complete, you will retrieve the RussKap Water Product from the location of service or RWRS location without delay unless RussKap Water notifies you that the RussKap Water Product will be sent directly to your location from the location of service. In any event, you may be responsible for shipping and handling costs.
(ii) Mail-in service. If RussKap Water determines that your RussKap Water Product is eligible for mail-in service, RussKap Water will send you prepaid waybills and if applicable, packaging material and instructions on how to properly pack and address your RussKap Water product, so that you may ship your RussKap Water Product to a RWRS or RWASP location. Instructions may be sent to you via email or in hard copy with the packaging material. Once service is complete, the RWRS or RWASP location will return the RussKap Water Product to you. RussKap Water will pay for shipping to and from your location if all instructions regarding the method of packaging and shipping the RussKap Water Product are followed.
(iii) Do-it-yourself (DIY) parts service. DIY parts service allows you to service your own RussKap Water Product. If DIY parts service is available in the circumstances, the following process will apply.
(a) Service where RussKap Water requires return of the replaced RussKap Water Product or part. RussKap Water may require a credit card authorization as security for the retail price of the replacement RussKap Water Product or part and applicable shipping costs. If you are unable to provide credit card authorization, DIY parts service may not be available to you and RussKap Water will offer alternative arrangements for service. RussKap Water will ship a replacement RussKap Water Product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced RussKap Water Product or part. If you follow the instructions, RussKap Water will cancel the credit card authorization, so you will not be charged for the RussKap Water Product or part and shipping to and from your location. If you fail to return the replaced RussKap Water Product or part as instructed or return a replaced RussKap Water Product or part that is ineligible for service, RussKap Water will charge your credit card for the authorized amount.
(b) Service where RussKap Water does not require return of the replaced RussKap Water Product or part. RussKap Water will ship you free of charge a replacement RussKap Water Product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced RussKap Water Product or part.
(c) RussKap Water is not responsible for any labor costs you incur relating to DIY parts service. Should you require further assistance, contact RussKap Water at the telephone number listed below.
RussKap Water reserves the right to change the method by which RussKap Water may provide warranty service to you, and your RussKap Water Product’s eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country. RussKap Water may use RussKap Water Products or replacement parts for service that are sourced from a country that is different from the country from which the RussKap Water Product or original parts were sourced. You may be responsible for shipping and handling charges if the RussKap Water Product cannot be serviced in the country it is in. If you seek service in a country that is not the original country of purchase, you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. Where international service is available, RussKap Water may repair or replace RussKap Water Products and parts with comparable RussKap Water Product and parts that comply with local standards.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, RUSSKAP WATER IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE RUSSKAP WATER PRODUCT OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION STORED IN THE RUSSKAP WATER PRODUCT.
THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. RUSSKAP WATER DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY RUSSKAP WATER PRODUCT UNDER THIS WARRANTY OR REPLACE THE RUSSKAP WATER PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION STORED IN THE RUSSKAP WATER PRODUCT.
SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATED TO THIS WARRANTY, INCLUDING ITS INTERPRETATION, VALIDITY, AND ENFORCEMENT, SHALL BE RESOLVED THROUGH BINDING ARBITRATION IN ACCORDANCE WITH THE RULES AND PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA) OR A MUTUALLY AGREED-UPON ARBITRATION ORGANIZATION. THE ARBITRATION SHALL TAKE PLACE IN MIAMI DADE COUNTY, FLORIDA. THE MAXIMUM AMOUNT OF DAMAGES THAT MAY BE AWARDED IN ANY ARBITRATION OR COURT PROCEEDING FOR A CLAIM UNDER THIS WARRANTY SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT COVERED BY THIS WARRANTY. THIS CLAUSE IS GOVERNED BY THE LAWS OF THE STATE OF FLORIDA.
No RussKap Water reseller, agent, or employee is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This Warranty is governed by and construed under the laws of the country in which the RussKap Water Product purchase took place. RussKap Water or its successor in title is the warrantor under this Warranty.
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