Airocide® Air Purification System Terms of Sale and Limited Warranty
Akida Holdings LLC (“Akida”) has developed the Airocide® Air Purification System (the “Airocide System”) for use in air purification.
You wish to purchase and operate the Airocide System, and you wish to obtain warranty service as provided below. You understand that, in order to obtain such rights, you must agree to be bound by the terms and conditions set out in this Airocide® Air Purification System Terms of Sale and Limited Warranty (the “Agreement”).
For reference, a Definitions section is included as Section 13 of this Agreement.
1. Acceptance of Agreement. You accept this agreement by (i) clicking “I accept” on the Akida Website in connection with your order; or (ii) using the Airocide System. There is no right or permission to operate, or use the Airocide System unless and until a Licensee accepts the terms and conditions of this Agreement as to such Airocide System.
2. Payment. Pricing for the Airocide System depends upon the payment option you select, as set forth in more detail below. The current prices for purchasing the Airocide System are posted at https://www.airocide.com/order, in addition to any applicable Taxes indicated at the time of purchase or assessed thereafter(“Purchase Price”).
2.1 One-Time Payment in Full. You may elect to make a one-time payment in full of the discounted price posted at https://www.airocide.com/order using your credit card.
2.2 Multi-Payment Plan. You may elect to make payment of the current full price posted at https://www.airocide.com/order via nine equal monthly payments comprising (i) a down payment of one ninth (1/9) of the full price plus tax (such tax calculated based upon the full price of the Airocide System, including all additional payments as set forth below) and all other charges relating to other products or accessories purchased, including expedited shipping charges, all of which will be billed to your credit card on the initial date of purchase, and (ii) eight (8) additional monthly payments of one ninth (1/9) of the full price, which will be billed automatically to your credit card provided on the initial date of purchase commencing thirty (30) days after the initial date of purchase and every thirty (30) days thereafter until each such additional payment has been billed to your credit card.
2.3 Your Authorization. By selecting a payment option and providing your credit card information, you (i) agree to pay the corresponding charges and authorize Akida to charge such fees to the credit card provided by you at the time of purchase, (ii) represent and warrant to Akida that the credit limit for the credit card you provided is sufficient for the above charges, and (iii) you agree to be liable for all amounts set forth above (regardless of whether the credit limit for the credit card you provided is sufficient for each of the above charges). In the event that the credit limit for the credit card you provided is not sufficient for the above charges or such credit card is cancelled , revoked or suspended before full payment is made, you agree (i) to provide Akida with an alternative credit card and hereby authorize Akida to charge the amount remaining due from you to such alternative credit card.
3. Delivery. Upon initial payment by you, we will process and ship your order within the time frame we specify at the time of purchase (the “Ship Date”). We will use reasonable efforts to timely notify you of any delays in the Ship Date.
4. License Grant. Upon your acceptance of this Agreement, and subject to its terms and conditions, Akida hereby grants you (“Licensee”), under its intellectual property rights and during the Term, a non-exclusive, non-transferable, world-wide, limited license to use and operate the Airocide System for air purification purposes.
5. Intellectual Property Notices. Licensee shall not remove or obscure any copyright, trademark, patent or other proprietary rights notice present on or displayed by or on the Airocide System.
6. 60 Month Limited Warranty for Airocide System. Akida warrants to the original Licensee that the Airocide System will be free from defects in materials or workmanship under normal use for a period of sixty (60) months from the date of original purchase by the original end-user purchaser (the “Warranty Period”), subject to the following terms and conditions (the “Limited Warranty”).
6.1 The Limited Warranty covers defects in materials or workmanship in the Airocide System for the time period stated above. If there is a defect, and the defect is the result of faulty materials and/or workmanship, Akida or its authorized franchisee, dealer, distributor, or designated agent (collectively referred to as “Authorized Representative”) will, at its discretion, either repair or replace the defective components or the Airocide System. If a defect cannot be repaired within a reasonable number of attempts, LIcensee may elect to either have the Airocide System replaced or obtain a refund of the Purchase Price.
6.2 If the Airocide System is found not to have a defect in material or workmanship, Licensee, if it so desires, may make arrangements to have the Airocide System repaired by Akida. Charges for repairs of this nature, if carried out, shall be paid by Licensee.
6.3 In order to repair the Airocide System and restore it to a fully operational condition, Akida may alter the Airocide System and utilize parts of a differing, but similar, design. Any part of the Airocide System that is replaced may be replaced with either new or refurbished parts. Any part that is replaced will become the property of Akida.
6.4 While Akida will make every effort to expeditiously provide warranty service, Akida shall not be required to do so within a specific period of time.
6.5 The repair or replacement of the Airocide System or parts under this Limited Warranty shall not extend the warranty beyond the time period stated above.
6.6 Akida’s employees or Authorized Representatives have no authority to vary the terms of this Limited Warranty.
6.7 Continued use or possession of the Airocide System after expiration of the warranty period shall be conclusive evidence that the warranty was fulfilled to the full satisfaction of Licensee.
6.8 To Obtain Warranty Service: If you believe there is a defect in materials or workmanship in the Airocide System during the Warranty Period, you can contact Akida to request warranty service. When contacting Akida to request warranty service, you should be ready to describe the problem with the Airocide System and provide some type of proof of the original date of purchase, unless you previously registered the Airocide System.
Akida can be contacted by mail, telephone, or through the internet. Phone calls need to be made between the hours of 8:00 am – 10:00 pm EST Monday through Friday.
Akida Holdings LLC
13500 Sutton Park Dr. South Suite 501
Jacksonville, FL 32224
Telephone: 1-800-687-3100 email: email@example.com
6.9 If the Airocide System is sent to Akida for warranty service, the cost of the transportation of the Airocide System to and from the Akida service center, or that of an Authorized Representative shall be borne by Licensee, unless Akida and Licensee agree otherwise, in writing. Akida shall not be responsible for any Airocide Systems lost or misplaced in transit, so Licensee is encouraged to purchase insurance for the Airocide System during shipping.
6.10 If the Airocide System is not accepted for warranty service or if Akida determines that the issue with the Airocide System is not the result of a defect in materials or workmanship, Akida shall provide a description of the cause of the issue. If Licensee disagrees with Akida’s determination, prior to pursuing any other remedy, Licensee must appeal that decision to Akida’s Warranty Administrator by sending a letter to the address above explaining why warranty service should be provided. The Warranty Administrator shall have 30 days to respond, and Licensee shall consider that response for 30 days prior to pursing any other remedy.
6.11 Exceptions & Exclusions: The Limited Warranty does not cover damage caused by the user, alterations, abuse, misuse, neglect, improper installation, non-observance of operating instructions, accidents, improper use, unauthorized repair, catastrophe/natural disaster, power surges, and normal wear and tear. The Limited Warranty will cease to be valid if any of the original serial numbers are removed or defaced or if the Airocide System is removed from the country in which it was originally purchased.
7. Limits On Akida‘s Warranty Obligations. EXCEPT FOR THE EXPRESS LIMITED WARRANTY AKIDA PROVIDES IN SECTION 6 ABOVE, YOU TAKE THE AIROCIDE SYSTEM “AS IS.” AKIDA MAKES NO OTHER WARRANTY OR REPRESENTATION CONCERNING THE AIROCIDE SYSTEM, AND EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, OF WHATEVER KIND OR NATURE, INCLUDING BUT NOT LIMITED TO ANY AND ALL IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF AKIDA CANNOT LAWFULLY DISCLAIM OR EXCLUDE IMPLIED WARRANTIES UNDER APPLICABLE LAW, THEN TO THE MAXIMUM EXTENT POSSIBLE, THE DURATION OF SUCH IMPLIED WARRANTIES SHALL EXPIRE ON EXPIRATION OF THE WARRANTY PERIOD.
8. Exclusive Remedies. THE REMEDIES SET OUT IN SECTION 6 (60 Month Limited Warranty for Airocide System), ABOVE, ARE YOUR EXCLUSIVE REMEDIES UNDER THIS AGREEMENT.
9. Limitations on Liability. YOUR REMEDIES UNDER SECTION 6 (60 Month Limited Warranty for Airocide System), ABOVE, ARE IN LIEU OF ALL OTHER RIGHTS AND REMEDIES, AND AKIDA SHALL NOT BE RESPONSIBLE OR LIABLE FOR DAMAGES OF ANY KIND, INCLUDING (i) DIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, AND SIMILAR DAMAGES, (ii) 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 OR CORRUPTION OF DATA, (iii) DAMAGES ARISING FROM ANY TORT (INCLUDING NEGLIGENCE OR GROSS NEGLIGENCE) OR FAULT COMMITTED BY AKIDA, ITS AGENTS, OR EMPLOYEES, OR (iv) ANY INDIRECT, CONSEQUENTIAL LOSS OR OTHER DAMAGE HOWSOEVER CAUSED INCLUDING DAMAGE RESULTING (a) FROM THE PURCHASE, USE, OR MISUSE OF THE AIROCIDE SYSTEM, (b) FROM ANY INABILITY TO USE THE AIROCIDE SYSTEM OR OTHER ASSOCIATED EQUIPMENT, OR (c) FROM THE COST OF SUBSTITUTE EQUIPMENT. Some States do not allow limitations on how long an implied warranty lasts, and do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
10. Indemnification. If the Airocide System, or any part thereof, is, or in the opinion of Akida may become, the subject of any claim for infringement of any third party patent, then Akida shall be entitled, at its option and expense, to either (i) procure for Licensee the right from such third party to use the Airocide System; (ii) replace or modify the Airocide System or parts thereof, with other suitable and reasonably equivalent technology so that the Airocide System becomes non-infringing; or (iii) if it is not commercially reasonable to take the actions specified in items (i) and (ii) immediately preceding, terminate this Agreement. THE FOREGOING PROVISIONS OF THIS SECTION 10 STATE THE ENTIRE LIABILITY AND OBLIGATIONS OF AKIDA TO LICENSEE WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF PATENTS OR OTHER INTELLECTUAL PROPERTY RIGHTS BY THE AIROCIDE SYSTEM.
11. Returns and Refunds. If you are not satisfied with your Airocide System, you can request a return within 60 days from the date of your purchase. To receive a full refund, (i) you must provide proof of your date of purchase, and (ii) the Airocide System must be functional, undamaged, and unaltered. All returns will be inspected and tested by Akida before being accepted. You are responsible for the cost of shipping the Airocide System back to Akida. Approved returns will receive a full refund of the Purchase Price. The cost of shipping cannot be recovered from shipping providers, and is not refundable. Once your returned Airocide System is received, inspected, and approved, any refund amount will be processed to the credit card used in the original purchase. To return the Airocide System within 60 days of your purchase date, contact Akida Customer Service:
Call Toll Free 1-800-687-3100
Monday thru Friday 8:00 am – 10:00 pm EST
12. General. This Agreement shall be governed by the laws of the State of Florida, without reference to conflict of laws principles. Any dispute or claim arising out of or in relation to this Agreement, or the interpretation, making, performance, breach or termination thereof shall be resolved exclusively by the courts located in the judicial district that includes Jacksonville, Florida. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. This agreement and the terms and conditions contained herein set forth the entire understanding and agreement between Akida and you with respect to the subject matter hereof and supersede any prior or contemporaneous understanding, whether written or oral.
13.1 “Agreement” means this Airocide® Air Purification System Terms of Sale and Limited Warranty.
13.2 “Effective Date” means the date of your acceptance of this Agreement by (i) clicking “I accept” on the Airocide Website in connection with your order; or (ii) using the Airocide System.
13.3 “Licensee” means you.
13.4 “Purchase Price” means the current prices for purchasing the Airocide System, which are posted at https://www.airocide.com/order together with any applicable Taxes indicated at the time of purchase or assessed thereafter.
13.5 “Ship Date” means the date your order is processed and shipped within the time frame we specify at the time of purchase.
13.6 “Taxes” means any sales tax, VAT, charges or assessments (other than taxes imposed on the net income of Akida) by any foreign or domestic national, state, provincial or local government bodies, or subdivisions thereof relating to the provision of the Airocide System under this Agreement.
13.7 “Warranty Period” means a period of ninety (90) days from the date of your acceptance of this Agreement, with the exception of Excluded Items.