Keyfree Technologies Inc. and KēZ
WARRANTY AND RETURN POLICY
Last update June 1, 2021
- Limited Warranty.
a. Keyfree Technologies Inc. (Keyfree”) doing business as KēZ, warrants, solely to the buyer (being the original purchaser of the Unit(s) from Keyfree or its authorized sellers) (the “Original Buyer”) that, for a period of twelve (12) months from the date of purchase of the Unit(s) (the “Warranty Period”), the Unit(s) will be free from defects in materials and workmanship. KēZ shall, at its option and at its expense, provide a replacement Unit(s) for Unit(s) found to be defective during the applicable Warranty Period. If the unit is defective, KēZ will provide a brand new Unit, to the Original Buyer. The above warranty will apply to the replacement Unit(s) only for the remaining duration of the original Warranty Period, if any. Apart from KēZ’s obligation to replace defective Unit(s), KēZ shall bear no other obligation or liability whatsoever to the Original Buyer in relation to defective products or any other Unit(s). All claims for breach of warranty during the Warranty Period must be received by KēZ no later than thirty days after the expiration of the Warranty Period and any claim must be accompanied by a copy of the original proof of payment by the Buyer as the Original Buyer.
b. It is the responsibility of the Original Buyer to establish the suitability of the Unit(s) purchased for the purpose intended by the Original Buyer, and any participation by KēZ in establishing such suitability is of an advisory nature only. The parties hereby expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Law on the Sale of Goods and the Uniform Law on the Formation of Contracts for the International Sale of Goods.
c. The Original Buyer acknowledges and agrees that the above limited warranty shall not apply, and KēZ shall have no liability and no obligation to the Original Buyer, if:
i. The Unit(s) (including its case and covering) has been opened or the plastic covering on the Unit(s) has been removed.
ii. The barcode label on the Unit(s) has been altered or removed.
iii. The Unit(s) has been damaged due to accident, fire, flood, misuse, neglect or other conditions beyond the control of KēZ.
iv. The Unit(s) has been repaired by anyone.
v.The Unit(s) has been improperly installed.
vi. Any person opens, tampers with or removes any components of the Unit(s) or connects the Unit(s) to a vehicle using cables and/or connectors that were not provided by KēZ.
d. THE EXPRESS WARRANTIES CONTAINED IN THIS SECTION ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS, REPRESENTATIONS, RIGHTS AND REMEDIES, GUARANTEES AND PROMISES EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND WHETHER ORAL OR WRITTEN. ALL EXPRESS AND IMPLIED WARRANTIES, CONDITIONS, REPRESENTATIONS, RIGHTS AND REMEDIES, INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, AGAINST INFRINGEMENT, OR OTHERWISE (EXCEPT AS TO TITLE), ARE HEREBY EXPRESSLY DISCLAIMED, EXCLUDED AND WAIVED BY THE ORIGINAL BUYER TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES WILL KEYFREE OR ITS AFFILIATES OR SUBCONTRACTORS OR ANY OF ITS OR THEIR EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS, affiliates, shareholders, directors, officers, employees, contractors, agents and other representatives BE RESPONSIBLE OR DEEMED LIABLE FOR ANY LOST PROFITS, LOST REVENUE OR CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES, ARISING FROM THE SUPPLY OF UNIT(S), WHETHER FROM ANY BREACH OF WARRANTY AS SET FORTH IN THIS CLAUSE OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES. Some jurisdictions do not allow limits to be imposed on how long an implied warranty or condition lasts, and some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
e. This warranty gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction.
f. To request performance under this limited warranty, please contact KēZ at info@getKēZ.com.
- Delivery Date. KēZ shall use commercially reasonable efforts to deliver the Unit(s) ordered hereunder to the Original Buyer on the agreed-upon delivery dates and shall notify the Original Buyer of any anticipated delays; provided, however, that KēZ shall not be liable for any failure to meet the Original Buyer’s delivery dates or for any failure to give notice of anticipated delays.
- Governing Law and Jurisdiction. This Policy shall be governed by, and interpreted and enforced in accordance with, the laws in force in the Province of Ontario (excluding any conflict of laws rule or principle which might refer such construction to the laws of another jurisdiction). Each party irrevocably submits to the exclusive jurisdiction of the courts of Ontario situated in the City of Toronto, Ontario with respect to any dispute, claim or other matter arising under or relating to, directly or indirectly, these Terms and Conditions, or any purchase order or the supply of Unit(s).
- Severability. Should any term or condition, or any portion hereof, be deemed to be invalid or unenforceable under applicable law, these Terms and Conditions shall be considered as divisible as to such provision, and the same shall thereafter be inoperative, provided however, the remaining provisions of these Terms and Condition shall be valid and binding.
- Force Majeure. KēZ shall not be in default hereunder by reason of any failure or delay in the performance of any obligation under these Terms and Conditions or any purchase order where such failure or delay arises out of any cause beyond the reasonable control and without the fault or negligence of KēZ. Such causes include, without limitation, storms, floods, labor unrest, pandemics, embargoes and other governmental actions or regulations which would prohibit KēZ from furnishing Unit(s)s or from performing any other aspects of the obligations hereunder, delays in transportation, and inability to obtain necessary labor, supplies or manufacturing facilities.
- Notices. The Original Buyer expressly consents to be contacted, for any and all purposes, at any telephone number, or physical or electronic address provided to KēZ. All notices or requests pertaining to this Policy will be in writing and may be sent by any reasonable means including by mail, email, facsimile, or recognized commercial overnight courier. Notices are considered delivered when sent by email or fax number that the Original Buyer provides to KēZ, or three (3) days after mailing to the street address provided.