TEMPEST LIMITED WARRANTY
Last Updated: 07 August 2020
The Warranty only applies if you, as the purchaser, deal as a "consumer" under the Consumer Protection (Fair Trading) Act (Cap. 52A) of Singapore and may not apply in your particular case. In telling you the following, we do not vary or extend the remedies otherwise available to you at law.
B. COVERAGE UNDER THIS WARRANTY
- This Warranty is made by Tempest SG Pte Ltd (“Tempest”) and applies to all keyboards (“Products”) sold by Tempest and purchased by you.
- Tempest provides this Warranty in respect of all Keyboards for a warranty period of 1 year (the “Warranty Period”) from the date of purchase of each Product.
- This warranty extends only to the original purchaser who has validly acquired the Product from Tempest, its subsidiaries, affiliates and authorized resellers. Tempest reserves the right to limit warranty coverage to the country in which the purchaser originally made the Product purchase.
- All Products purchased must be registered on the Warranty registration section of Tempest’s website. Unless otherwise decided by Tempest, no Warranty claims are permitted unless the applicable Warranty registration has been properly made.
C. HOW TO CLAIM UNDER THIS WARRANTY
- Subject to terms below, including the limitations and exclusions, Tempest provides a limited warranty for the Products to be free from defects in material and workmanship for the Warranty Period, subject to any exclusions and limitations set out in this Warranty.
- Tempest reserves its sole right, to the extent permitted under applicable law, to determine whether a claim is eligible and/or whether the Product is defective. If an eligible claim on this Warranty is received by Tempest within the applicable Warranty Period, Tempest will, at its option:
- repair the Product or defective parts at no charge, using new or refurbished replacement parts;
- replace the Product with one that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original Product; and
- where Tempest has elected to replace the Product, and the Product is no longer in production by Tempest or if it is impractical for Tempest to replace the Product, Tempest may at its sole discretion replace the Product with a functionally equivalent substitute model from Tempest’s current Product range.
- To the extent permitted under applicable law, Tempest retains the sole discretion to provide any other type of remedy in addition to or in substitution of the aforesaid remedies.
- Subject to applicable law, repaired or replaced Products shall be warranted under this Warranty for a further period of thirty (30) days after the date of repair or replacement (as the case may be), or for the remainder of the original Warranty Period, whichever is longer.
- Tempest must be notified of any Warranty claim within 14 days of the discovery of the relevant defect in the following manner:
- An email setting out the details of the claim should be sent to email@example.com.
A valid proof of purchase of the Product must be attached to the email.
Relevant photographs of the defects or other applicable documents (if any) may be attached to the email.
Tempest may at its discretion require further documentary proof to determine whether a benefit under this Warranty may be claimed.
D. EXCLUSIONS & LIMITATIONS
Tempest reserves the right to determine whether a benefit under this Warranty may be claimed. Any item requiring repair or replacement due to any of the exclusions set out in this Warranty will be at the purchaser’s expense.
E. LIMITATION OF LIABILITY
- This Warranty does not cover the following:
- Defects caused by Acts of God and any occurrence not within the reasonable control of Tempest (including failure or damage caused by natural disasters, earthquakes, lightning strikes, abnormal voltages, environmental factors).
- Cosmetic damage, minor cosmetic abnormalities, normal wear and tear, including (without limitation to), scratches, dents and chips.
- Claims arising from any unacceptable use or care of the Product, including (without limitation to) misuse, abuse, negligence, unauthorized modification or repair, unauthorized commercial use or any operation of the Product outside Tempest’s recommended parameters.
- Damage caused by service performed by anyone who is not officially acting an employee, representative or sub-contractor of Tempest.
- Re-posting, forging or altering the serial number of the product, or the barcode is damaged and the warranty period cannot be recognized.
- Problems with and/or damage to the Product caused by using accessories, parts or components not made by Tempest.
- Defects in the in-build battery(ies) of the Product, including any claims relating to battery life for rechargeable batteries.
- Tempest reserves the right at all times to refuse any claim under this Warranty in the event that Tempest reasonably assesses that such claim is arising due to fraud, dishonesty or cheating in any form.
- TO THE EXTENT PERMITTED BY APPLICABLE LAW, TEMPEST DISCLAIMS ANY STATUTORY AND IMPLIED WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. THIS WARRANTY AND THE REMEDIES DESCRIBED IN THIS DOCUMENT ARE THE EXCLUSIVE REMEDIES AVAILABLE FOR WARRANTY CLAIM. INSOFAR AS A WARRANTY CANNOT BE DISCLAIMED, TEMPEST LIMITS THE DURATION OF SUCH WARRANTY TO THE DURATION OF THIS WRITTEN WARRANTY AND THE REMEDIES AVAILABLE TO THE REPAIR OR REPLACEMENT SERVICES OR THE REFUND OF THE PURCHASE PRICE. WHERE UNDER APPLICABLE LAW SUCH LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION MAY LAST ARE NOT PERMITTED, IN WHICH CASE THE LIMITATION DESCRIBED IN THIS PARAGRAPH SHALL NOT APPLY.
- No Tempest supplier, dealer, agent, or employee is authorized to alter or extend the terms of this Warranty or to make any representation whatsoever. Tempest reserves the right to amend the terms of this Warranty at any time without notice, provided that the Warranty applicable to a Product shall be the Warranty in force at the time of purchase of the Product.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL TEMPEST BE LIABLE FOR ANY LOST DATA, LOST PROFIT, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES (OTHER THAN PERSONAL INJURY DAMAGES), HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE A PRODUCT, EVEN IF TEMPEST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL TEMPEST’S LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE PRODUCT. The foregoing limitations will apply even if any warranty or remedy provided under this Warranty fails of its essential purpose. Where under applicable law the exclusion or limitation of incidental or consequential damages is not permitted, the above limitation shall not apply.