Warranty

     

    PowerArc offers a 2-year limited manufacturer warranty on all of PowerArc products. PowerArc products purchased from unauthorized distributors or resellers are not covered by the 2 year warranty. This warranty is only valid for items that are considered defective. Defects are defined as imperfections or flaws that are produced by a manufacturing error. Accidental drops, failure to follow instructions, normal wear and tear, etc. caused by the owner are not covered under this warranty.



    What are the limits on PowerArc’s liability?


    THIS LIMITED WARRANTY SETS OUT THE FULL EXTENT OF POWERARC’S RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING THE PRODUCTS.

    ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY. IN NO EVENT SHALL POWERARC BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT OR FOR, WITHOUT LIMITATION, COMMERCIAL LOSS OF ANY SORT; LOSS OF USE, TIME, DATA, REPUTATION, OPPORTUNITY, GOODWILL, PROFITS OR SAVINGS; INCONVENIENCE; INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCT. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.

    POWERARC MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE OR SUITABILITY OF ANY THIRD-PARTY BATTERY, SOFTWARE OR EQUIPMENT USED IN CONJUNCTION WITH THE PRODUCT, OR THE ABILITY TO INTEGRATE ANY SUCH BATTERY, SOFTWARE OR EQUIPMENT WITH THE PRODUCT, WHETHER SUCH THIRD-PARTY BATTERY, SOFTWARE OR EQUIPMENT IS INCLUDED WITH THE PRODUCT DISTRIBUTED BY POWERARC OR OTHERWISE. RESPONSIBILITY FOR THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE AND SUITABILITY OF ANY SUCH THIRD-PARTY BATTERY, SOFTWARE OR EQUIPMENT RESTS SOLELY WITH THE USER AND THE DIRECT VENDOR, OWNER OR SUPPLIER OF SUCH THIRD-PARTY BATTERY, SOFTWARE OR EQUIPMENT.

    PowerArc shall have no obligations under or liability for: any written, oral or implied warranties made by any authorized or unauthorized sellers or distributors beyond what is stated in this Limited Warranty; for any warranties made by any unauthorized seller; for products sold by unauthorized sellers; for non-genuine or counterfeit PowerArc products, distributors or vendors; or for any intentional action to contort or take advantage of the warranty for financial or personal gain.


    Defects caused by accident, including failure of installation, carelessness by the user, and defects caused by owner's usage, are not covered by the above mentioned warranties. For products that come as a package, only the defective item from the package will be remedied. This remedy may be repeated within 90 days or the remainder of the warranty. The original product is needed for any future warranty requests regarding the order.


    Nothing in the Product instructions or information shall be construed to create an express warranty of any kind with respect to the Products. No agent, employee, dealer, representative or reseller is authorized to modify or extend this Limited Warranty or to make binding representations or claims, whether in advertising, presentations or otherwise, on behalf of POWERARC regarding the Products or this Limited Warranty.

    PowerArc reserves the right to replace, repair, rebuild, and recondition products at PowerArc’s sole option. If the product under warranty becomes inactive or no longer in production, PowerArc reserves the right to replace the inactive product with a similar or better product in accordance to PowerArc judgment and discretion.

    This Limited Warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

    What is the procedure for resolving disputes?

    ALL DISPUTES WITH POWERARC ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR THE SALE, CONDITION OR PERFORMANCE OF THE PRODUCTS SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY.

    Any such dispute shall not be combined or consolidated with a dispute involving any other person’s or entity’s Product or claim, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law. The arbitration shall be conducted according to the American Arbitration Association (AAA) Commercial Arbitration Rules applicable to consumer disputes. This arbitration provision is entered pursuant to the Federal Arbitration Act. The laws of the State of Texas, without reference to its choice of laws principles, shall govern the interpretation of the Limited Warranty and all disputes that are subject to this arbitration provision. The arbitrator shall decide all issues of interpretation and application of this arbitration provision and the Limited Warranty.

    For any arbitration in which your total damage claims, exclusive of attorney fees and expert witness fees, are $5,000.00 or less (“Small Claim”), the arbitrator may, if you prevail, award your reasonable attorney fees, expert witness fees and costs as part of any award, but may not grant POWERARC its attorney fees, expert witness fees or costs unless it is determined that the claim was brought in bad faith. In a Small Claim case, you shall be required to pay no more than half of the total administrative, facility and arbitrator fees, or $50.00 of such fees, whichever is less, and POWERARC shall pay the remainder of such fees. Administrative, facility and arbitrator fees for arbitrations in which your total damage claims, exclusive of attorney fees and expert witness fees, exceed $5,000.00 (“Large Claim”) shall be determined according to AAA rules. In a Large Claim case, the arbitrator may grant to the prevailing party, or apportion among the parties, reasonable attorney fees, expert witness fees and costs. Judgment may be entered on the arbitrator’s award in any court of competent jurisdiction.

    This arbitration provision also applies to claims against POWERARC’s employees, representatives and affiliates if any such claim arises from the Product’s sale, condition or performance.

    You may opt out of this dispute resolution procedure by providing notice to POWERARC no later than 30 calendar days from the date of the first consumer purchaser’s purchase of the Product. To opt out, you must send notice by e-mail to info@power-arc.com, with the subject line: “Arbitration Opt Out.” You must include in the opt out e-mail (a) your name and address; (b) the date on which the Product was purchased; (c) the Product model name or model number no later than 30 calendar days from the date of the first consumer purchaser’s purchase of the Product and providing the same information. These are the only two forms of notice that will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect the coverage of the Limited Warranty in any way, and you will continue to enjoy the benefits of the Limited Warranty.

    Severability

    If any portion of this Limited Warranty is held to be illegal or unenforceable, such partial illegality or unenforceability shall not affect the enforceability of the remainder of the Limited Warranty.

    • Never use any charger or battery that is damaged in any way.
    • Do not use incompatible cell phone batteries and chargers. Some websites and second-hand dealers not associated with reputable manufacturers might be selling incompatible or even counterfeit batteries and cell phones. Consumers should purchase manufacturer or carrier-recommended batteries and cell phones. If unsure about whether a battery or cell phone is compatible, contact the manufacturer of the battery or cell phone.
    • Be aware of and follow all warnings, recalls and instructions issued by manufacturers of batteries and cell phones.
    • Misuse or use of incompatible phones, batteries, and charging devices could result in damage to the equipment and a possible risk of fire, explosion, or leakage, leading to serious injuries, damages to your phone, or other serious hazard.