Warranty Agreement

Limited Warranty

Elemental Path provides a 30-Day Return Window (see Return of Non-Defective Products below) and the following limited warranty. This limited warranty extends only to the original purchaser is non-transferable and applies only to “Elemental Path” products or parts. All CogniToys registered at www.cognitoys.com.

Please note that any warranty services or questions must be accompanied by the order number from the transaction through which the warranted product was purchased. The order number serves as your warranty number and must be retained. Elemental Path will offer no warranty service without this number.

Elemental Path warrants this product and its parts against defects in materials or workmanship for One (1)  year labor and one-year parts from the original ship date. During this period, Elemental Path will repair or replace defective parts with new or reconditioned parts at Elemental Path option, without charge to you.

This Warranty does not apply to (a) consumable parts, such as batteries; (b) cosmetic damage, including but not limited to scratches and dents; (c) damage caused by use with non-Elemental Path products; (d) damage caused by accident, misuse, unreasonable use, immersion in water, neglect, abuse, battery leakage, or improper installation, improper service, or other external causes; (e) damage caused by operating the product outside the permitted or intended uses described by Elemental Path in the owner's manual; (f) a product or part that has been modified (g) defects caused by normal wear and tear or otherwise due to the normal aging of the product; or (h) if any Elemental Path serial number has been removed or defaced.

 

Shipping fees incurred from returns for under-warranty service in the first 30-days will be paid by Elemental Path. All shipping fees both to and from Elemental Path following this 30-day period must be paid by the customer. All returns, both during and following the 30-day period, must be effected via the Procedures for Obtaining Warranty Service described below.

All original parts (parts installed by Elemental Path at the original system build) replaced by Elemental Path or its authorized service center, become the property of Elemental Path  Any after-market additions or modifications will not be warranted. The computer system owner is responsible for the payment, at current rates, for any service or repair outside the scope of this limited warranty.

Elemental Path makes no other warranty, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or conformity to any representation or description, with respect to this computer other than as set forth below. Elemental Path makes no warranty or representation, either express or implied, with respect to any other manufacturer’s product or documentation, its quality, performance, merchantability, fitness for a particular purpose, or conformity to any representation or description.

Except as provided below, Elemental Path is not liable for any loss, cost, expense, inconvenience or damage that may result from the use or inability to use the computer. Under no circumstances shall Elemental Path be liable for any loss, cost, expense, inconvenience or damage exceeding the purchase price of the computer or mobile device.

The warranty and remedies set forth below are exclusive and in lieu of all others, oral or written, expressed or implied. No reseller, agent or employee is authorized to make any modification, extension or addition to this warranty.

 

Warranty Conditions

Prior to returning a product for any reason, please contact the Elemental Path Customer Support Department by emailing them at support@elementalpath.com or contacting the Customer Support Center at (1(844) 341-3872). If the service representative is unable to resolve the issue, you will be provided instructions on how to return the product and have it replaced under Warranty. Return of the product under Warranty must adhere to the following rules:

The above Limited Warranty is subject to the following conditions:

  1. This warranty extends only to products distributed and/or sold by Elemental Path. It is effective only if the products are purchased and operated in the USA. (Within the USA including US 48 States, Alaska, and Hawaii.)
  2. This warranty covers only normal use of the device know as a CogniToy. Elemental Path shall not be liable under this warranty if any damage or defect results from (i) misuse, abuse, neglect, improper shipping or installation; (ii) disasters such as fire, flood, lightning or improper electric current; or (iii) service or alteration by anyone other than an authorized Elemental Path representative; (iv) damages incurred through irresponsible use, including those resulting from viruses or spyware, overclocking, or other non-recommended practices.
  3. You must retain your bill of sale or other proof of purchase to receive warranty service.
  4. No warranty extension will be granted for any replacement part(s) furnished to the purchaser in fulfillment of this warranty.
  5. Elemental Path and its Authorized Service Center accepts no responsibility for any software programs, data or information stored on any media or any parts of any products returned for repair to Elemental Path.
  6. All pre-installed software programs are licensed to customers under non-Elemental Path software vendor’s term and conditions provided with the packages.
  7. This warranty does not cover any third party software or virus related problems.
  8. Elemental Path makes no warranty either expressed or implied regarding third-party (Non-Elemental Path ) software.
  9. Thirty-day Return Window does not include opened software, parts, special order merchandise and shipping and handling fees.

Return of Non-Defective Products

A non-defective product may be returned to Elemental Path within thirty (30) days of the invoice date for a refund of the original purchase price with the following amendments/fees:

  1. Elemental Path will refund neither the original shipping cost nor the shipping and handling fees incurred from the products return. If the original purchase was made under a “Free Shipping” promotion than a standard $40 fee will be deducted from any return in counter to that offer.
  2. No refund will be granted for software which has been opened, used, or tampered with in any way which jeopardized Elemental Path ability to remarket or resell the product. Elemental Path maintains full discretion in decisions regarding a product's fitness for return.
  3. Any non-defective returns are subject to a 15% restocking fee, which percentage is taken from the final purchase price less any shipping or handling charges.
  4. Quantity purchases of five systems or more are not eligible for return.

To return a defective product, please contact our Customer Service Department for a Return Merchandise Authorization (RMA) number and follow the Return of Products Instructions below. The RMA is valid for 10 days from the date of issuance. Returns will not be accepted without an RMA. Manufacturer restrictions do apply. Any item missing the UPC on the original packaging may not be returned.

Procedures for Obtaining Warranty Service

RMA (Returning Merchandise Authorization) Policy:

If repairs are required, the customer must obtain an RMA number and provide proof of purchase. RMA and services are rendered by Elemental Path only. Any shipping costs after 30 days (starting from the original date of purchase) on any item returned for repair is the customer's’ responsibility. All returned parts must have an RMA number written clearly on the outside of the package along with a letter detailing the problems and a copy of the original proof of purchase. No COD packages will be accepted. No package will be accepted without an RMA number written on the outside of the package. RMA numbers are only valid for 30 days from the date of issue.

Should you have any problems with your computer, please follow these procedures to obtain the service:

  1. If you have purchased our on-site warranty, please find your warranty# (the order number from the transaction through which the warranted product was originally purchased) and contact Elemental Path Customer Service at 1(844) 341-3872.
  2. If the device known as a CogniToy must be repaired, an RMA number (Return Merchandise Authorization Number) will be issued for shipment to our repair department. Please follow the instructions given by Elemental Path technical support staff to ship your computer. Elemental Path will not accept any shipments without an RMA number.
  3. Pack the Cogntioy in its original box or a well-protected box, as outlined in the Return Shipping Instructions. Elemental Path will not be responsible for shipping damage/loss of any product outside the original 30-day Elemental Path -paid service period. It is very important that you write the RMA number clearly on the outside of the package. Ship the computer with a copy of your bill of sale or other proof of purchase, your name, address, phone number, description of the problem(s), and the RMA number you have obtained to:

Elemental Path Customer Service department

RMA#____________

ADDRESS:  Elemental Path

265 W 37th st

Suit 618

New York, NY, 10018

  1. Upon receiving the CogniToy, Elemental Path will repair or replace your CogniToy (at Elemental Path’s discretion) and will ship it back to you within 2 weeks (dependent on parts availability) via UPS.
  2. Cross-exchange (Parts only): You will need to provide a valid credit card number as a deposit guarantee when the RMA number is issued. Once approval has been obtained on your credit card, the part(s) will be shipped UPS. You will need to ship defective part(s) back to Elemental Path within 15 days to avoid charges to your credit card. If such charges are incurred, the shipped part(s) will be billed at the then current price.
  3. Elemental Path will pay for shipping to and from the customer only within the first thirty days following the original product ship date. Following this 30-day period, all shipping fees both for under warranty and post warranty repairs are the sole responsibility of the customer. The customer also assumes full liability for losses or damages resulting from shipping as well as all responsibility to pursue remuneration for such issues with their selected carrier.

After One-Year Warranty – Post Warranty Repair

For post warranty repair, the procedure is the same as outlined above for RMA and shipping. However, you are responsible for shipping charges both ways, current labor ($75 per hour if not under warranty), and the current price of part(s) used in the repair.

Technical Support:

  • Toll-free: 1(844) 341-3872  Email: info@elementalpath.com

Customer Service:

  • Toll-free: 1(844) 341-3872  Email: info@elementalpath.com

 

WARRANTY EXCLUSIONS

Elemental Path does not offer technical support for any software including installed OS or other programs. Technical support should be pursued through channels offered by the software’s individual tech support. Elemental Path accepts no liability for problems caused by after-market software or hardware modifications or additions. Elemental Path is not responsible for giving any technical support concerning the installation or integration of any software or component the customer did not pay Elemental Path to install. Elemental Path is not responsible for loss of data or time, even with hardware failure. Customers are responsible for backing up any data for their own protection. Elemental Path is not responsible for any loss of work (“down time”) caused by a product requiring service. This warranty is null and void if the defect or malfunction was due to damage resulting from operation not within manufacturer specifications. It will also be null and void if there are indications of misuse and/or abuse. Elemental Path has the option of voiding the warranty if anyone other than an Elemental Path technician attempts to service the product. Elemental Path will not warrant any problems arising from an act of God (lightning, flooding, tornado, etc.), electrical spikes or surges, or problems arising out of hardware, software, or additional devices added to complement any system/component bought at Elemental Path. Under no circumstances will Elemental Path be responsible for any refund or remuneration exceeding the original purchase price of the product less any shipping fees. Elemental Path will not be held responsible for typographical errors on sales receipts, repair tickets, or on our website. Elemental Path makes every effort to make sure all information on our website is correct.

THIS WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. IF ELEMENTARY PATH CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED TO THE DURATION OF THE EXPRESS WARRANTY AND TO THE REPLACEMENT SERVICE AS DETERMINED BY ELEMENTARY PATH IN ITS SOLE DISCRETION.

To the extent permitted by law, Elemental Path will not be responsible for direct, special, incidental or consequential damages resulting from any breach of Warranty or condition, or under any other legal theory, including but not limited to loss of profits.

Any disputes resulting from this Warranty shall be subject to the final and conclusive determination of Elemental Path.

03/18/16

 

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