Policy Updated: December 13, 2019
Kryo Inc. is pleased to offer both a Sleep Trial Guarantee and a Limited Product Warranty to our customers, on the terms and subject to the exclusions, limitations and conditions set forth below. As used herein, terms like “we”, “our”, “us” and the like refer to Kryo Inc., a company incorporated in the State of Delaware USA, with its principal office at 144 Talbert Pointe Dr., Suite 103, Mooresville, NC 28117. Our Sleep Trial Guarantee and Limited Product Warranty apply only to our OOLER® control units and hydronic pads, our chiliPADTM control units and mattress pads, and our chiliBLANKETTM (each, a “Product” and collectively, the “Products”).
Kryo Inc. has also teamed up with Clyde to provide our customers with the opportunity to purchase an extended warranty on certain products. For the terms and conditions applicable to the Extended Protection Plan provided by Clyde, please click here.
I. Kryo Inc. 90 NIGHT SLEEP TRIAL Policy
We’re confident that you will love your new Product(s). If you are unsatisfied for any reason, however, you have 90 days from the date the Product was delivered to you to return the Product to us in exchange for a full refund of your purchase price, minus express shipping fees. We refer to this 90 day guarantee as our “Sleep Trial Guarantee”.
Before you return the Product to us under our Sleep Trial Guarantee, please check that your Product is eligible for our Sleep Trial Guarantee and please be sure to follow the proper procedures for returning your Product. These eligibility requirements and return procedures are detailed below in “III. ELIGIBILITY AND STEPS FOR RETURNING PRODUCT(S)”.
For orders placed by customers outside of the United States of America, refunds will be processed at the same exchange rate that was in effect at the time that you paid for your order and your refund will include any U.S. taxes that you paid on your original purchase but not any U.S. customs or tariffs fees. Click here to view our return policy.
II. 2-YEAR LIMITED PRODUCT WARRANTY
In addition to the Sleep Trial Guarantee, Kryo Inc. provides the following limited express warranty on certain Products, which covers any defects in materials or workmanship in the Product under normal use during the two-year period beginning on the date the Product is delivered to you (the “Warranty Period”), subject to the conditions, exclusions and limitations described below (the “Limited Product Warranty”).
A. WARRANTY COVERAGE
If you return a Product that is eligible for the Limited Product Warranty, Kryo Inc. will, at its option and to the extent permitted by law, repair the Product at no charge, using new or refurbished replacement parts. Unless otherwise mandated by applicable law, the remedy described in the foregoing sentence will be your sole and exclusive remedy for any defects covered by the Limited Product Warranty. Our Limited Product Warranty is available to you in addition to the rights that you already have under the laws that apply to your purchase.
B. EXCLUSIONS AND LIMITATIONS TO LIMITED PRODUCT WARRANTY
Kryo Inc. does not warrant that the operation of the Product will be uninterrupted or error-free. This Limited Product Warranty covers only Product hardware and does not cover software embedded in any Product and related services provided by Kryo Inc. See the Kryo Inc. Terms and Conditions for details of your contractual rights with respect to use of the software and related services.
This warranty does not apply to a Product or part of a Product that has been serviced, altered, refurbished, or modified by anyone who is not authorized by Kryo Inc., nor does it apply to any cosmetic damage such as scratches and dents. Kryo Inc. reserves the right to inspect any Product returned to it in accordance with the Limited Product Warranty. To the extent permitted by law, Kryo Inc. does not have any obligation to repair or replace any Product otherwise eligible under the Limited Product Warranty if our inspection reveals that the product has been altered, modified, damaged, subject to or involved in an accident, disassembled, repaired or attempted to be repaired by someone other than us, or individuals we authorize, or if the Product has otherwise been used in a manner inconsistent with its intended purpose. In addition, this Limited Product Warranty does not apply to damage or defects caused by (a) negligence, negligent use, accident, abuse, misuse, mishandling, flood, fire, earthquake, electrical surge or other external causes; or (b) operating the Product (i) outside the permitted or intended uses described by Kryo Inc., (ii) other than in strict accordance with instructions provided by Kryo Inc., or (iii) with improper voltage or power supply.
No Kryo Inc. reseller, dealer, distributor, agent or employee is authorized to make any modification, extension, or addition to this Limited Product Warranty. Any repaired or replacement Product will be warranted for the remainder of the original Warranty Period or 6 months from the date you receive such repaired or replacement Product, whichever is longer, or for any additional period of time that may be required by applicable law. If we determine that the problem is not covered under the Limited Product Warranty, we will notify you and inform you of service or replacement alternatives that are available to you for an additional fee.
The agreements set forth herein shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
III. ELIGIBILITY AND STEPS FOR RETURNING PRODUCT(S) FOR REFUND OR REPAIR
Before you return the Product to us under either our Sleep Trial Guarantee or our Limited Product Warranty, please check that your Product is eligible for our Sleep Trial Guarantee or our Limited Product Warranty. To be eligible, each of the following must be true:
You must be the original purchaser of the Product. Neither our Sleep Trial Guarantee nor our Limited Product Warranty extends to any subsequent owner or any transferee of the Product.
You must have purchased the Product directly from Kryo Inc. via chilitechnology.com or directly from Kryo Inc.’s official Amazon page, and the Product must be identifiable as a Product originally manufactured by, or by an authorized manufacturer on behalf of, Kryo Inc. If you purchased the Product from an authorized dealer, you will be subject to the authorized dealer’s return policy. Please contact your authorized dealer for assistance.
You must submit a return authorization form (a) during the 90-day period immediately following your receipt of the Product, if you are returning the Product under our Sleep Trial Guarantee, or (b) during the Warranty Period, if you are returning the Product under our Limited Product Warranty. Click here to start the return process and request a return authorization. Once the return authorization request is submitted, you will receive a Return Authorization Number. Both the return authorization request, and the related Return Authorization Number, will expire unless we receive the Product within 30 days after your return request authorization form is submitted. If your authorization request and Return Authorization Number expires, you can request new ones provided that you are still in the applicable warranty or guarantee period.
You must return the Product to Kryo Inc., to the address found in your return instructions. Returned Product(s) must be packaged carefully, either in the original packaging or in packaging that provides an equal degree of protection. All accessories originally included with your purchase must be included with your return minus any batteries. If you return a Product to us (a) without a valid Return Authorization Number, or (b) without all parts and accessories originally included with your purchase, or used or damaged beyond what would be considered reasonable, Kryo Inc. retains the right to either refuse acceptance of such return or deduct from any refund or, where permitted, charge you the retail value of the missing parts and accessories.
You must include the Return Authorization Number in the return package. Kryo Inc. shall not be responsible for any damage incurred in shipping and handling. If any issues do arise, you should contact the company that you use to ship and handle the Products when you return them to us. You will be responsible for all shipping and handling costs associated with returning your Product to us during the Sleep Trial Guarantee. During the Limited Product Warranty period, should you choose to repair your Product, return shipping and handling costs will be included in your repair fee. Any refund due to you will be processed at the same exchange rate that was in effect at the time that you paid for your order. For purchasers outside the United States, your refund will include any US taxes that you paid on your original purchase but not any international customs or tariffs fees.
IV. Modification of Sleep Trial Guarantee, Limited Product Warranty & Related Terms
Kryo Inc. reserves the right to change its Sleep Trial Guarantee and/or Limited Product Warranty at any time by posting revised terms on this Website. However, such changes will not affect the terms applicable to sales that were concluded prior to the date the revised Sleep Trial Guarantee and/or Limited Product Warranty was posted. If any part of our Sleep Trial Guarantee or Limited Product Warranty is for any reason unenforceable, that shall not affect the validity and enforceability of any of the remaining provisions of our Sleep Trial Guarantee or Limited Product Warranty, as appropriate.
V. LIMITATION OF LIABILITY (FOR CUSTOMERS OUTSIDE OF THE EU OR THE UK)
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NONE OF kryo inc. OR ITS MANUFACTURERS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS OR THEIR RESPECTIVE AFFILIATES SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES FOR ANY REASON AND HOWEVER ARISING, INCLUDING, WITHOUT LIMITATION, FOR LOSS OF USE, REVENUE, OR ACTUAL OR ANTICIPATED PROFITS, OR FOR LOSS OF, DAMAGE TO, OR CORRUPTION OF DATA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL LIABILITY OF KRYO INC. IS AND SHALL BE LIMITED TO ITS OBLIGATIONS OF REPAIR, REPLACEMENT, OR REFUND AS SET FORTH IN THIS LIMITED PRODUCT WARRANTY AND SLEEP TRIAL GUARANTEE, AND YOU HEREBY RELEASE KRYO INC. AND ITS MANUFACTURERS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS, AND THEIR RESPECTIVE AFFILIATES FROM ANY AND ALL OTHER OBLIGATIONS, LIABILITIES, AND CLAIMS (this waiver inapplicable to residents of quebec). FURTHER, NONE OF KRYO INC. OR ITS MANUFACTURERS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS OR THEIR RESPECTIVE AFFILIATES IS LIABLE FOR ANY COSTS OR DAMAGES ARISING FROM OR RELATED TO (I) YOUR BREACH OF ANY OTHER CONTRACT APPLICABLE TO THE PRODUCT OR ANY SERVICES PROVIDED TO YOU BY OR ON BEHALF OF KRYO INC., OR (II) ANY ACCIDENT, INJURY, DEATH, LOSS, OR OTHER CLAIM RELATED TO OR RESULTING FROM THE USE OF A PRODUCT OTHER THAN THE USE FOR WHICH IT IS INTENDED. YOU HAVE A DUTY TO MITIGATE ANY LOSS OR DAMAGE YOU MAY SUFFER OR INCUR AS A RESULT OF ANY BREACH OF ANY PROVISION HEREIN BY A THIRD PARTY.
KRYO INC. DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY PRODUCT UNDER THE LIMITED PRODUCT WARRANTY OR THAT IT WILL BE ABLE TO MAKE A PRODUCT EXCHANGE WITHOUT RISK TO OR LOSS OF DATA.
VI. IMPLIED WARRANTIES (FOR CUSTOMERS OUTSIDE OF THE EU AND THE UK)
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (I) THE WARRANTIES AND REMEDIES SET FORTH IN THE SLEEP TRIAL GUARANTEE AND LIMITED PRODUCT WARRANTY ARE THE SOLE AND EXCLUSIVE WARRANTIES AND REMEDIES FOR THE PRODUCT AND ARE IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED, AND (II) NO STATUTORY OR IMPLIED WARRANTIES OR CONDITIONS OF ANY KIND ARE MADE, AND EACH IS HEREBY EXPRESSLY EXCLUDED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‐INFRINGEMENT. TO THE EXTENT STATUTORY OR IMPLIED WARRANTIES CANNOT LAWFULLY BE EXCLUDED, SUCH WARRANTIES SHALL BE LIMITED TO THE DURATION OF AND OTHERWISE BE SUBJECT TO THE SLEEP TRIAL GUARANTEE AND LIMITED PRODUCT WARRANTY. WHERE EXCLUSION OF IMPLIED WARRANTIES IS NOT PERMITTED BY APPLICABLE LAW, ALL TERMS AND CONDITIONS OF THE SLEEP TRIAL GUARANTEE AND LIMITED PRODUCT WARRANTY WHICH ARE NOT INCONSISTENT WITH SUCH APPLICABLE LAW SHALL REMAIN EFFECTIVE BETWEEN THE PARTIES.
VII. LIMITATION OF LIABILITY (FOR CUSTOMERS INSIDE THE EU AND THE UK)
NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY WHERE IT CANNOT BE EXCLUDED OR LIMITED BY LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS; FOR FRAUD OR FRAUDULENT MISREPRESENTATION; OR FOR BREACH OF YOUR LEGAL RIGHTS IN RELATION TO THE PRODUCTS. WE ARE ONLY RESPONSIBLE TO YOU FOR FORESEEABLE LOSS AND DAMAGE CAUSED BY US. WE ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT IS NOT FORESEEABLE.
OUR PRODUCTS ARE ONLY FOR DOMESTIC AND PRIVATE USE. IF YOU USE OUR PRODUCTS FOR BUSINESS OR RE-SALE PURPOSES WE WILL HAVE NO LIABILITY TO YOU FOR LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY.
VIII. GOVERNING LAW; VALIDITY
Our Sleep Trial Guarantee and Limited Product Warranty shall be governed by the laws of the State of North Carolina, USA, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction, provided that this governing law provision is in applicable to residents of Quebec. Our Sleep Trial Guarantee and Limited Product Warranty are valid only in the jurisdictions where the Products are sold by Kryo Inc. itself or through its authorized dealers, and are valid to the extent permitted by the applicable laws of such jurisdictions. The Sleep Trial Guarantee and Limited Product Warranty may be subject to further legal rights under local laws. Kryo Inc. does not exclude, limit or suspend other legal rights you may have under the laws of your state (or country, province, territory or region).
For customers residing in the European Union or the UK:
As a consumer you may bring court proceedings against us in a court in your country of residence. We can also enforce our rights against you in your country of residence.
For customers residing in Quebec:
The law provides a guarantee on the property you buy: it must be able to be used for its normal use for a reasonable period of time. The Consumer Protection Act (the “Act”) provides a guarantee on all goods you buy from a merchant. The good must be usable:
(a) for the use for which it is normally intended (section 37 of the Act); and
(b) in normal use for a reasonable length of time, having regard to their price, the terms of the contract and the condition of their use (section 38 of the Act).
For more information on this legal warranty, visit the Office de la protection du consommateur website at www.opc.gouv.qc.ca.
For customers residing in Australia:
In Australia, the Australian Competition and Consumer Act 2010 (Cth), including the Australian Consumer Law, and other applicable Australian law (the “Australian Law”) guarantee certain conditions, warranties, undertakings and other legal rights relating to the quality and fitness of purpose of the Products sold to you in Australia.
Under the Australian Law, there are certain consumer guarantees that apply automatically to the Product and that cannot be excluded. Apart from any consumer guarantees under the Australian Law, all other warranties express or implied and whether arising by virtue of legislation or otherwise are hereby excluded.
Nothing in this Warranty is intended to exclude, restrict or modify any guarantee, condition, warranty, undertaking or other legal right under the Australian law. This Warranty provides you guarantees and warranties that are in addition to the guarantees and warranties under the Australian law, subject to the exclusions and limitations as well as terms and conditions set out in this document.
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