IMPORTANT NOTICE REGARDING YOUR CONSUMER RIGHTS
Flux Group, LLC (“Fluxion”) provides a manufacturer's limited warranty in addition to any rights and remedies that you may have under applicable consumer protection laws. You may also have other rights that vary from state to state.
This manufacturer's warranty is not intended to: (a) unlawfully exclude, limit or otherwise affect any rights under consumer law; or (b) limit, exclude or otherwise affect any right you have against any non-Fluxion entity who sold the Fluxion product to you if that entity has breached their sales contract with you.
WHAT DOES THIS LIMITED WARRANTY COVER?
Fluxion warrants to the original end-user (“Purchaser”) of an authentic Fluxion- branded product (“Product”) that the Product shall be free of defects in design, assembly, material, or workmanship, subject to the provisions below.
HOW LONG IS THE PRODUCT WARRANTED?
The Limited Warranty Period begins on the date the product was purchased by the Purchaser and lasts for the period set out in the table below. A claim under this warranty is only eligible if it is made within the Limited Warranty Period.
Limited Warranty Period
WILL THE LIMITED WARRANTY ALWAYS APPLY?
This Limited Warranty shall NOT apply:
- To any Fluxion branded Products that are resold by the Purchaser or that are purchased from unauthorized resellers or unauthorized retailers. Flux Group, LLC does not authorize resellers to sell on online marketplaces such as Amazon, eBay or Walmart.com or other 3rd party marketplaces
- Where a Product’s lack of performance is due to the Purchaser’s failure to properly maintain the Product. Purchasers should note that are replaceable parts with an expected life of 1 – 3 months, depending on usage, and they require regular cleaning to maintain functionality.
- If the Product has been used with aftermarket accessories such as mouthpieces that have not been approved or endorsed by Fluxion
- If damage to the Product is cosmetic, including scratches, dents, or cracks.
- If Fluxion determines that the Product has been improperly used, altered or tampered with in any way. Purchaser assumes the risk or liability for loss arising from misuse, alteration of Product
- If warranty claim is made fraudulently or by misrepresentation.
- If the serial number on the product or packaging has been altered, defaced, or removed.
Will Fluxion make things right?
If a valid warranty claim is made during the Limited Warranty Period, Fluxion will repair or replace, at its option, any defective Product free of charge. Replacement products may be a refurbished or a reconditioned Product of the same model.
All Products and parts that are replaced become the property of Fluxion.
Fluxion can only ship replacement or repaired products to the country where the original Product was purchased.
WHAT SHOULD I DO IF I THINK MY PRODUCT IS DEFECTIVE?
If you have a question about your product or experience a problem with it, please go to our support page or email Support@Fluxsmoke.com
To make a claim under the Limited Warranty, you must provide the defective Product and a copy of the original receipt of purchase to Fluxion for inspection. The receipt of purchase must indicate the Product purchased, price paid, date of purchase, and name of merchant.
To make a claim under the Limited Warranty, you must also obtain an RMA number from Fluxion Support before returning a product. Products returned without an RMA number are not processed and will be returned to you or destroyed. Fluxion will provide a prepaid shipping label for Purchasers within the United States. International returns must be paid for by the customer.
Returns must go to the address included on the return label or provided by Fluxion Support. If items are returned to any address other than the specific address provided by Fluxion Support, Fluxion cannot guarantee that the item will be located and processed for warranty support.
Please return only the part specifically requested by Fluxion Support, not the entire device.
Postal service carriers require that all items be cleaned prior to mailing. If items are mailed to Fluxion uncleaned, Fluxion will, in its sole discretion, either dispose of the item or charge a $100 cleaning fee before returning the item.
WHAT HAPPENS WHEN I RETURN MY PRODUCT?
Once the item arrives at the address specified by Fluxion Support, it will be inspected for any possible defects. The Fluxion Support Representative that coordinated the return will contact you once they receive the results of the investigation. If the item is deemed defective, it will be replaced/repaired under this warranty.
GENERAL EXCLUSIONS AND LIMITATION OF LIABILITY
IN THOSE JURISDICTIONS WHERE IT CAN LAWFULLY DO SO, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLUXION, ITS RESELLERS AND ITS SUPPLIERS HEREBY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES DIFFERENT FROM THIS LIMITED WARRANTY, EXPRESS, STATUTORY OR IMPLIED. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FLUXION, A DEALER, AGENT OR AFFILIATE SHALL CREATE A WARRANTY DIFFERENT FROM THIS LIMITED WARRANTY. TO THE EXTENT WARRANTIES CANNOT BE DISCLAIMED OR EXCLUDED, THEY ARE LIMITED TO THE DURATION OF THE RELEVANT EXPRESS LIMITED WARRANTY PERIOD.
EXCEPT AS PROVIDED IN THIS LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLUXION, ITS AFFILIATES, ASSOCIATES, DEALERS, AGENTS OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF FLUXION OR SUCH OTHER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF FLUXION, ITS AFFILIATES, ASSOCIATES, DEALERS, AGENTS OR SUPPLIERS TO YOU FOR ALL DAMAGES EXCEED THE PRICE YOU PAID FOR THE PRODUCT. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY WARRANTY OR REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.
REFERENCES IN THIS SECTION TO “SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL LOSSES" SHALL MEAN ANY LOSSES WHICH (I) WERE NOT REASONABLY FORESEEABLE BY BOTH PARTIES, AND/OR (II) WERE KNOWN TO YOU BUT NOT TO US AND/OR (III) WERE REASONABLY FORESEEABLE BY BOTH PARTIES BUT COULD HAVE BEEN PREVENTED BY YOU SUCH AS, FOR EXAMPLE (BUT WITHOUT LIMITATION), LOSSES CAUSED BY VIRUSES, TROJANS OR OTHER MALICIOUS PROGRAMS, OR LOSS OF OR DAMAGE TO YOUR DATA.
THE WARRANTIES AND REMEDIES SET OUT IN THIS LIMITED WARRANTY ARE EXCLUSIVE, AND, TO THE EXTENT PERMITTED BY LAW, IN LIEU OF ALL OTHERS ORAL OR WRITTEN, EXPRESS OR IMPLIED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, OF LIABILITY FOR INJURIES, OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.