Limited Product Warranty
Kinsa Inc. ("Kinsa") warrants to the original purchaser that its Kinsa Smart Thermometer (the "Product") will be free from defects in materials and workmanship under normal use for a period of one (1) year from the date shopping. (the "Warranty Period").
Kinsa does not guarantee that the operation of the Product will be uninterrupted or without errors. Kinsa is not responsible for damages arising from non-compliance with the instructions related to the use of the Product. Kinsa makes no warranty for the mobile application or device running the application, or for any services provided by Kinsa to Product owners. Please refer to the license agreement accompanying the mobile application software for details of your rights regarding its use.
If a hardware defect arises and Kinsa receives a valid claim within the Warranty Period, Kinsa will, at its option and to the extent permitted by law, (1) repair the Product free of charge, using new or reconditioned replacement parts, or (2) replace the Product with a new or reconditioned Product. Shipping and handling charges may apply, except where prohibited by applicable law. This Limited Warranty is valid only in jurisdictions where the Products are sold by Kinsa itself or through its authorized reseller or agent, and is valid to the extent permitted by the applicable laws of those jurisdictions. If we replace the product, the replaced product will continue to be warranted for the remainder of the original warranty period. All returned parts for which you have received a refund or replacement will become the property of Kinsa, Inc.
How to obtain warranty service
How to obtain warranty service. You must submit the following information to make a warranty claim: (i) model of your product; (ii) your full address and contact information; and (iii) your purchase receipt or other proof of the purchase date. Purchase must come from a seller authorized by Kinsa Inc. ("Kinsa"). To see a list of authorized sellers, click this link. Please note that third party sellers on Amazon (for example, a seller other than Amazon Inc. and Kinsa Inc.) are not authorized sellers and therefore are not covered by the Kinsa Inc. warranty ("Kinsa" ).
To make a warranty claim, submit this form.
Exclusions and limitations
This Limited Warranty applies only to the Product manufactured by or for Kinsa. The Limited Warranty does not apply to any (a) Kinsa product and service other than the Product, (b) non-Kinsa hardware product, (c) Kinsa Product, or products and services purchased from unauthorized vendors ( click this link to view Vendors), or (d) software, even if packaged or sold with the Product or embedded in the Product.
This warranty does not apply to a Product or part of the Product that has been altered or modified (for example, to alter functionality or capacity) by anyone other than a representative of Kinsa. In addition, this Limited Warranty does not apply: (a) to damage caused by use with non-Kinsa products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the Product outside of the permitted or intended uses described by Kinsa; or (d) to damage caused by the service (including updates and extensions) performed by anyone other than a representative of Kinsa.
No employee or representative of Kinsa or any third party is authorized to modify, extend or add to this Limited Warranty. If any term of this Limited Warranty is found to be illegal or unenforceable, the remaining terms of this Limited Warranty will remain in full force and effect.
This warranty gives you specific legal rights and you may also have other rights which vary from state to state.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) WILL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, KINSA SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, INCOME, OR DATA, RESULTING FROM ANY EXPRESS WARRANTY OF ANY EXPRESSION. EITHER IMPLIED, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF KINSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This Limited Warranty will be governed by the laws of the State of New York, USA, without giving effect to any conflict of laws principles that may be provided by the law of another jurisdiction.
National statutory rights
Consumers in some jurisdictions may have legal rights under applicable national law governing the sale of consumer goods, including but not limited to national laws implementing EC Directive 99/44. These rights are not affected by the warranties in this Limited Warrant