Warranty

LINK AKC™ Limited Product Warranty

Your LINK AKC smart collar product consists of a module tracking unit and charging base station (“Hardware Product”) and, as applicable, accessories (leather collar, collar carrier, charging cord and wall plug) provided with the Hardware Product by Link AKC when you purchase the product or purchased separately from Link AKC or an authorized retailer of Link AKC (“Accessories”) (together, the Hardware Product and Accessories are referred to as the “LINK AKC Smart Collar”).

Link AKC’s warranty obligations with respect to the LINK AKC Smart Collar are limited to the terms of this LINK AKC Limited Product Warranty expressly set forth below. The LINK AKC Limited Product Warranty includes the Limited Hardware Product Warranty and Limited Accessories Warranty, as defined below.  

LIMITED HARDWARE PRODUCT WARRANTY

Your Hardware Product is covered by a limited product warranty (“Limited Hardware Product Warranty”) for the 36-month period following the service activation date of your LINK AKC Service Plan (defined below) (“Hardware Product Warranty Period”).

LINK AKC offers a service plan for cellular service that allows the device to connect to the cellular network (“LINK AKC Service Plan”) on a subscription basis and is required in order to activate and use the Hardware Product. There is no Limited Hardware Product Warranty if you are not an active subscriber in good standing of a LINK AKC Service Plan.

This Limited Hardware Product Warranty applies only to the Hardware Product, identified above, manufactured by or for Link AKC and which can be identified by the LINK AKC trademark, trade name, or logo annexed or affixed to the Hardware Product.

If (a) a substantial defect in material or workmanship arises with either component of your Hardware Product, (b) a valid Limited Hardware Product Warranty claim is received by Link AKC within the Hardware Product Warranty Period and (c) your LINK AKC Service Plan is currently active and you have not defaulted in payment of the service fees for your plan, Link AKC will, in its sole and exclusive discretion and to the extent permitted by applicable law, either: (i) exchange the Hardware Product with a Hardware Product that is new or equivalent to new in performance and reliability and is at least functionally equivalent to the original Hardware Product; or (ii) refund the purchase price paid for the LINK AKC Smart Collar (but not the fees you have paid for the LINK AKC Service Plan).

In the event that (a) a material defect in the software embedded in either component of the LINK AKC Hardware Product (“Product Firmware”) arises within the Hardware Product Warranty Period and cannot be corrected or repaired remotely by Link AKC, (b) a valid Limited Hardware Product Warranty claim is received by Link AKC within the Hardware Product Warranty Period and (c) your LINK AKC Service Plan is currently active and you have not defaulted in payment of the service fees for your plan, Link AKC will, in its sole and exclusive discretion and to the extent permitted by applicable law, either: (i) exchange the affected component of the Hardware Product with a component that is new or equivalent to new in performance and reliability and is at least functionally equivalent to the original component; or (ii) refund the purchase price paid for the LINK AKC Smart Collar (but not the fees you have paid for the LINK AKC Service Plan).  

If any component of the Hardware Product is replaced pursuant to the Limited Hardware Product Warranty, your LINK AKC Service Plan will continue for use with your new component under the existing subscription for that plan and will be covered by the Limited Hardware Product Warranty as described in the paragraph below.  If a refund for the purchase price paid for the LINK AKC Smart Collar is issued, the existing LINK AKC Service Plan will be subject to the LINK AKC Service Plan cancellation policy set forth in our Terms of Sale on the LINK AKC website at www.linkakc.com/terms-of-service-and-sale.

A replacement component of Hardware Product will be covered by the Limited Hardware Product Warranty for the amount of time remaining under the original Hardware Product Warranty Period or for ninety (90) days from the date the replacement is shipped by or on behalf of Link AKC, whichever is later.

Regardless of whether Link AKC elects to provide a replacement Hardware Product or provide a refund of the purchase price of the LINK AKC Smart Collar, Link AKC requires that the Hardware Product that is the subject of the Limited Hardware Product Warranty claim be returned to Link AKC, at which time it shall become Link AKC’s property (and the replacement item, if applicable, will be your property).  In the event that Link AKC elects to refund the purchase price paid for the LINK AKC Smart Collar, all Accessories provided by Link AKC with the Hardware Product when you purchased the product must be returned to LINK AKC with the Hardware Product before a refund will be issued.

This Limited Hardware Product Warranty is not transferable to any third party, including but not limited to, any subsequent purchaser, owner or user of the LINK AKC Smart Collar or any part thereof, and covers only the original end purchaser of the applicable LINK AKC Smart Collar. Transfer or resale of the Hardware Product or any part thereof or any lapse in your LINK AKC Service Plan subscription will automatically terminate warranty coverage with respect to such Hardware Product.

EXCLUSIONS AND LIMITATIONS

The LINK AKC Smart Collar, including all components thereof such as the Accessories, any software of any kind embedded in, or used in connection with, the LINK AKC Smart Collar, and the LINK AKC Service Plan are designed for and intended to be used solely on and with respect to domesticated dogs owned by end users as pets. Use of the Hardware Product and/or Accessories on or with respect to other animals, people or objects is an improper and unintended use and will void the terms of the Limited Hardware Product Warranty and/or the Limited Accessory Warranty, as applicable.  Use of the Hardware Product and/or Accessories for any commercial purpose or on, and with respect to, dogs utilized in, or in support of, any form of commercial enterprise will void the terms of the Limited Hardware Product Warranty and/or the Limited Accessory Warranty, as applicable.

LINK AKC is not responsible for any loss or damage whatsoever arising from any failure to follow instructions relating to the use and operation of the LINK AKC Smart Collar or any component thereof, and the LINK AKC Limited Product Warranty applies only to the normal use of the covered Hardware Product and Accessories, in accordance with the instructions provided in the online user manual posted on the LINK AKC website at support.linkakc.com, in the LINK AKC quick start guide provided in-box with the product, or in other LINK AKC user guides or product documentation. The Limited Product Warranty does not apply to any damage or defects caused by the wireless or wired connection of the Hardware Product or any Accessory implemented in any manner other than that specified by Link AKC.

This LINK AKC Limited Product Warranty does not apply to damage to the Hardware Product, any Accessory and/or any component thereof, caused by accident, abuse, misuse or use for any purpose other than the intended purpose of such Hardware Product, Accessory or component. In particular, for purposes of illustration and without limitation, this Limited Product Warranty does not apply: (a) to pet-induced damage; (b) to damage or defects caused by customer or other third-party abuse, accident, neglect, abuse, misuse, improper handling, utilization or installation; (c) to damage or defects caused by tampering of any kind, including  tampering  with or attempting to open the battery enclosure; (d) to damage caused by normal wear and tear, including but not limited to cosmetic damage, scratches, dents, broken plastic on parts or any physical damage to the surface of the product; (e) to damage or defects caused by the Hardware Product or Accessory, as applicable, being used with or connected to an accessory not approved or certified by Link AKC; (f) to damage or defects caused by flood, fire, earthquake or other external causes beyond the reasonable control of Link AKC; (g) to damage or defects caused by operating or using the product or Accessory other than within the permitted or intended uses specified by Link AKC; (h) if any serial number has been removed or defaced; or (i) to a recalled product or component, if Link AKC provided reasonable notice of a recall and made replacement Hardware Products, Accessory or component, as relevant, available to its customers.

The LINK AKC Limited Product Warranty does not apply to consumable parts, including batteries, unless damage has occurred due to a defect in materials and workmanship in the Hardware Product caused by Link AKC. The batteries supplied with the Hardware Product are intended to be replaced only by LINK AKC.  If the batteries in the Hardware Product become drained of power and incapable of being recharged when the Module Tracking Unit is properly connected to the Charging Base Station, the Hardware Product must be returned to LINK AKC for battery replacement for a replacement fee. If a Hardware Product is submitted for warranty service and the battery enclosure of the Hardware Product or the seals of the battery enclosure show evidence of tampering, or if the cells are broken, the terms of the LINK AKC Limited Product Warranty will be void.

The LINK AKC Limited Product Warranty does not apply and will be void if (a) any damage or defects in any LINK AKC Hardware Product or Accessory are caused by  the opening of the Hardware Product or to service or repairs (including upgrades and expansions) performed by anyone who is not a representative of Link AKC or a Link AKC authorized retailer or service provider; or (b) if a Hardware Product or Accessory has been altered or modified in any manner  by anyone who is not a representative of Link AKC or a Link AKC authorized retailer or service provider or without the written permission of Link AKC.

This LINK AKC Limited Product Warranty does not apply to defects or damage caused by extreme thermal or environmental conditions or a rapid change in such conditions, by corrosion, or by oxidation.

This LINK AKC Limited Product Warranty does not apply if damage or defects to the charging base station component of the Hardware Product or to any Accessory are caused by exposure to moisture or dampness.

This LINK AKC Limited Product Warranty does not apply if damage or defects to the module tracking unit of the Hardware Product are caused by submersion in water at a depth greater than one meter for longer than thirty minutes.

Except as specifically provided above with respect to Firmware embedded in the Hardware Product, the LINK AKC Limited Product Warranty does not apply to any software, including software embedded in any nonLink AKC hardware product, even if packaged or sold with the LINK AKC Smart Collar or a Hardware Product.

Software distributed by Link AKC with or without the LINK AKC brand name (including, but not limited to, system software and application software to be installed on non-Link AKC devices) is not covered under this LINK AKC Limited Product Warranty. Refer to the End User License Agreement (EULA) on the LINK AKC website at www.linkakc.com/terms-of-service-and-sale for details of your rights and obligations with respect to the use of such software as well as additional details of your rights and obligations with respect to the Firmware.

Link AKC does not warrant that the operation of the LINK AKC Smart Collar or any part thereof, any Firmware contained therein, or any software used in connection with the LINK AKC Smart Collar will be uninterrupted or errorfree. In addition, although Link AKC may provide periodic updates to the relevant software, the LINK AKC Limited Product Warranty does not apply in the event that any Hardware Product software or Link AKC application software needs to be upgraded for any reason. The LINK AKC Limited Product Warranty does not cover any loss, damage or defects caused by a defective function of any wireless or cellular network or if any LINK AKC software or firmware needs to be upgraded due to changes in wireless and/or cellular network parameters.

OBTAINING WARRANTY SERVICE

If the Hardware Product is not functioning properly, or if any defect in materials or workmanship covered by the LINK AKC Limited Product Warranty arise with respect to the Hardware Product or any Accessory within the applicable Hardware Product Warranty Period or Accessory Warranty Period, you must access the LINK AKC website at www.linkakc.com or call 888-300-6608 for instructions on how to obtain warranty service and follow Link AKC’s warranty process. Link AKC will provide warranty service by sending you prepaid shipping labels (and if you no longer have the original packaging, Link AKC may send you packaging material) to enable you to ship the product to Link AKC’s repair service location for service.  If Link AKC chooses to replace the affected Hardware Product, Accessory or component, upon receipt of the replacement, you agree to follow Link AKC’s instructions regarding the return of the original Hardware Product, Accessory or component to Link AKC within 10 business days.  If the original Hardware Product, Accessory or component is not returned within 10 business days, you will be charged for the replacement. Link AKC retains the right to change the instructions and procedures for obtaining warranty service at any time, in its sole and exclusive discretion.  In accordance with applicable law, Link AKC may require that you furnish proof of purchase details before receiving warranty service. Please refer to the documentation accompanying the LINK AKC Smart Collar and on the LINK AKC website for more details on this requirement and with respect to other matters concerning warranty service.  Link AKC will make reasonable efforts to return your returned or replacement Hardware Product to you configured as originally purchased, subject to applicable updates.

WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY

EXCEPT FOR THE WARRANTIES EXPRESSLY PROVIDED UNDER THIS LIMITED PRODUCT WARRANTY, LINK AKC MAKES NO REPRESENTATION OR WARRANTY OF ANY OTHER KIND, EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE LINK AKC SMART COLLAR, INCLUDING ANY COMPONENT THEREOF SUCH AS ANY ACCESSORY, THE FIRMWARE, OR ANY SOFTWARE USED IN CONNECTION WITH THE LINK AKC SMART COLLAR, WHETHER AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT OR ANY OTHER MATTER.  

 

THE REMEDIES SET FORTH IN THIS LINK AKC LIMITED PRODUCT WARRANTY SHALL BE THE SOLE AND EXCLUSIVE REMEDIES AVAILABLE TO ANY PERSON OR ENTITY.  

UNDER NO CIRCUMSTANCES SHALL LINK AKC, ITS AFFILIATES, MANUFACTURERS, SERVICE PROVIDERS, LICENSORS, DISTRIBUTORS, SUPPLIERS AND EACH OF ITS AND THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, SUCCESSORS AND ASSIGNS (“LINK AKC PARTIES”) BE SUBJECT TO ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXMPLARY, PUNITIVE OR CONTINGENT DAMAGES WHATSOEVER, RELATED TO OR ARISING OUT OF THIS LIMITED PRODUCT WARRANTY OR THE USE OF THE LINK AKC SMART COLLAR, OR ANY COMPONENT THEREOF SUCH AS ANY ACCESSORY, THE  FIRMWARE, OR ANY SOFTWARE USED IN CONNECTION WITH THE LINK AKC SMART COLLAR, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY OF LAW, ALL SUCH DAMAGES AND CLAIMS BEING SPECIFICALLY DISCLAIMED.

NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, THE ENTIRE AGGREGATE LIABILITY OF THE LINK AKC PARTIES SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE LINK AKC SMART COLLAR (BUT EXCLUDING ALL AMOUNTS PAID FOR THE LINK AKC SERVICE PLAN) GIVING RISE TO LIABILITY.

Pet ownership involves the risk of loss, injury or death to your pet, and ultimate responsibility for the safety of your pet and of the safety of those who may come in contact with your pet lies with you as the pet owner. In no event, under any cause of action or theory of liability, shall the Link AKC Parties be liable to you or any third party for any accident, personal injury or death or property damage or any other claims, losses, costs or damages, related to, arising out of or resulting from the purchase, sale, use of or inability to use the LINK AKC Smart Collar or any part thereof, its Firmware, any software used in connection with the LINK AKC Smart Collar, or the performance or provision of services by Link AKC pursuant to this LINK AKC Limited Product Warranty or otherwise, the loss of value of the LINK AKC Smart Collar or any component thereof or any third party accessories, services, products or devices that are used in or with the LINK AKC Smart Collar, or the loss of use of the LINK AKC Smart Collar or any component thereof or any third party accessories, services, products or devices that are used in or with the Link AKC Smart Collar, even if any Link AKC Party has been advised of the possibility of such damages.

Without limiting the foregoing, you understand and agree that the Link AKC Parties have no liability for any damage or destruction to consumer electronics devices or other personal property that are contained inside or outside, or used in connection with, the LINK AKC Smart Collars, including, without limitation, mobile apps, laptops, cellular phones, or other handheld devices, or for any loss of data stored in the foregoing devices or elsewhere.

The Link AKC Parties also are not liable for any costs or damages arising from or related to your breach of the terms of this Limited Product Warranty.  The Link AKC Parties disclaim any representation that they will be able to repair any product under this LINK AKC Limited Product Warranty or make a product exchange without risk to or loss of electronic information, including programs or data.  

This limitation of liability constitutes an essential part of this LINK AKC Limited Product Warranty.  In some jurisdictions, under some circumstances, the limitations and disclaimers of liability contained in this LINK AKC Limited Product Warranty do not apply to claims involving personal injury, claims of wrongful death, claims of damage to property or to statutory liability for intentional or grossly negligent acts and/or omissions.  Some jurisdictions do not allow the exclusion or limitation of implied warranties or limitation of liability for incidental or consequential damages under certain circumstances. As a result, certain limitations and exclusions may not apply to you. Nevertheless, Link AKC intends that the limitations and disclaimers of liability contained in this Limited Product Warranty will apply to the maximum extent allowed under applicable law. If applicable law specifies a minimum warranty period that is longer than the applicable warranty periods set forth in the LINK AKC Limited Product Warranty, then the warranty period for the Hardware Product or Accessory subject to such applicable law shall be conformed to the minimum legally required warranty period. The limitations and disclaimers of liability set forth in this LINK AKC Limited Product Warranty survive the expiration or termination of the warranty periods set forth in this LINK AKC Limited Product Warranty and apply notwithstanding any contrary provision in this LINK AKC Limited Product Warranty.You may also have other rights under state, federal or other applicable jurisdictional law.