Warranty and Repair Policy
Effective from 12/1/2022
The purpose of this Warranty and Repair Policy (this “Policy”) is to establish guidelines for repair and replacement services that Sunstar Engineering Inc. (“SUNSTAR”) offers to original purchasers of its products and other customers who receive its products in new condition as a gift from the original purchaser (collectively, the “Customer” or “Customers”) free of charge during the warranty period as well as repair and replacement services that SUNSTAR provides for a fee. This Policy is only applicable to SUNSTAR’s products branded as “QAIS” that were purchased, used, and located within the United States (all 50 states, including Washington, D.C., Hawaii and Alaska, but excluding all other territories; the same applies hereinafter) (the “Product” or “Products”), excluding, for the avoidance of doubt, any of its Products imported into or otherwise sold or used in the United States by an unauthorized third party.
- Limited Warranty.
SUNSTAR warrants the Product to be free from material defects in material and workmanship that manifest in the course of normal use of the Product, for a period of one (1) year from the date of original purchase. Pursuant to this Policy, SUNSTAR will, at its sole discretion, either (i) provide complementary repair services for the defective Product; or (ii) replace the defective Product with one of like kind and quality, but not necessarily same color, or a similar model of equivalent value, if the same model is not available in stock, upon the occurrence of any failure or defect covered under this Policy during the warranty period. In the event of a defect of the Product, the remedies provided under this Policy are the sole and exclusive remedies available. This Policy does not cover second-hand or previously-used Products, which were sold “AS IS” or “OPEN BOX.”
- Warranty Period.
The original warranty period is one (1) year from the date of original purchase. If an extended limited warranty was purchased at the time of the original purchase, your Product will have the same coverage as provided under the original warranty under this Policy for an additional period. This extended limited warranty will begin after the original warranty period and expire at an agreed-upon date. The warranty will automatically terminate after the expiration of the warranty period specified in this Policy, even if the Product remains unused at any time during the warranty period for any reason whatsoever.
- Exclusion to Warranty.
The warranty shall be void if (i) the Product shows signs of wear-and-tear or abuse beyond normal use (as determined at SUNSTAR’s sole discretion), or (ii) a declaration of defect is determined (at SUNSTAR’s sole discretion) to be false or reckless. Failures or defects of the Product that result from or are attributable to the following are not covered under this Policy:
- a. Failure to strictly follow or adhere to the contents of the instruction manual, the labels or other caution notes that come with the Product or any other written precautions (including any use outside the United States).
- b. Accident, misuse, exposure to liquid, alteration, modification, abuse or unauthorized repair.
- c. Fire, earthquake, wind or water damage, lightning or other acts of God, or from pollution, salt damage, abnormal voltage or other external factors.
- d. Improper physical or electrical operating environment.
- e. Non-personal use (e.g. for commercial purposes).
- f. Surface damage (surface-level scratching, denting, etc.).
- g. Improper storage, such as in a hot or humid place.
- h. Use with non-SUNSTAR products or products not recommended for use with SUNSTAR products
- a. In order to make a claim under this Policy, Customers shall contact the SUNSTAR Support Center at （firstname.lastname@example.org or 844-884-1212）and provide proof of the original purchase of the Product showing the date of the original purchase within the warranty period. Upon receiving such contact, Customers will be provided with a shipment label for use in shipping the Product to SUNSTAR. SUNSTAR reserves the right to reject any claim under this Policy for lack of sufficient proof of purchase of the Product within the warranty period.
- b. Customers shall use the label for shipping the Product to SUNSTAR. The cost of such shipment shall be covered by SUNSTAR; however, SUNSTAR reserves the right to charge Customers for the cost of such shipment if it deems, in its sole discretion, the warranty is not applicable to the Product. When a shipment label is not used by a Customer, such Customer shall be responsible for the payment of costs associated with shipment and insurance, if desired. SUNSTAR will not accept Products that are shipped “cash on delivery” except with the prior written consent of SUNSTAR.
- c. When the warranty under this Policy is applicable to a returned Product, SUNSTAR shall incur the cost for returning the Product to the Customer. If this Policy is not applicable to any returned Product, SUNSTAR is not responsible for the cost of returning the Product to the Customer, but will arrange for shipment upon payment of costs by the Customer.
- d. Recycled parts or replacement parts may be used during repair. If parts are replaced during repairs, SUNSTAR may collect, process or dispose of the old parts at its sole discretion.
- e. Any Product repaired or replaced under this Policy shall be subject to the balance of the original warranty period applicable to the Product.
- f. SUNSTAR may assign any of its rights and/or obligations under this Policy, either in whole or in part, to any of its affiliates or any third party. SUNSTAR may also at its discretion enter into any subcontract with any person for the performance of any part of this warranty or appoint any authorized service provider.
- Customer Communications Regarding Services.
Upon receipt of any returned Product, SUNSTAR shall determine the applicability of the warranty. If the warranty is applicable to a returned Product, then SUNSTAR shall proceed with repair or replacement services and promptly provide notification to the Customer upon completion (“Covered Repair Notice”). If the warranty is not applicable, then SUNSTAR shall promptly notify the Customer of such fact, and seek further instructions from the Customer as to whether they would like to proceed with repair or replacement services for a fee with the estimate of repair or replacement cost (“Paid Repair/Replacement Inquiry”). If the Customer approves the estimate and instructs SUNSTAR to proceed with paid repair or replacement services, then SUNSTAR shall proceed with such paid repairs and replacement, and notify the Customer promptly upon completion (“Paid Repair/Replacement Notice”).
- Abandonment of Products.
Products returned to SUNSTAR are deemed abandoned if it is still in SUNSTAR’s possession thirty (30) days after the occurrence of any of the following (the “Disposal Grace Period”):
- a. After receiving the Covered Repair Notice, the Customer fails to respond to SUNSTAR’s satisfaction within seven (7) days;
- b. After receiving the Paid Repair/Replacement Inquiry, the Customer fails to respond to SUNSTAR’s satisfaction within seven (7) days; and
- c. After receiving the Paid Repair/Replacement Notice, the Customer fails to respond to SUNSTAR’s satisfaction within seven (7) days (a.~c. herein, collectively as “Abandonment”).
Upon Abandonment, the Customer or any sender of the Product to SUNSTAR agrees to renounce and disclaim (i) ownership or any other legal interest in and to such Product, and (ii) any and all legal claims against SUNSTAR for any reason related to the Product. Upon the expiration of the Disposal Grace Period, SUNSTAR or its designated party may dispose of the Product, at the Customer’s sole cost (including fees for any paid services provided), as SUNSTAR deems appropriate and at its sole discretion without any liability to the Customer or other owners of the Products whatsoever.
- Disclaimer of Consequential Damages.
SUNSTAR SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER. NEITHER SHALL SUNSTAR HAVE LIABILITY FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR RECOVERY AGAINST IT OF ANY KIND OR NATURE WHATSOEVER IN AN AMOUNT GREATER THAN THE PURCHASE PRICE OF THE PRODUCT.
- Disclaimer of Implied Warranties.
Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS POLICY, SUNSTAR DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- Applicable Law, Venue and Limitation of Actions.
This Policy shall be governed by and construed in accordance with the laws of the State of Illinois, notwithstanding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any controversy or claim arising out of or relating to this Policy, or the breach thereof, shall be determined by arbitration administered by the International Centre for Dispute Resolution in accordance with its International Arbitration Rules. All disputes shall be heard by a single arbitrator. The place of arbitration shall be Chicago, Illinois. The language of the arbitration shall be English.
- Right to Modify; Applicability; Severability.
SUNSTAR reserves the right in its sole discretion to modify this Policy, with or without advance notice, from time to time. This Policy is applicable in the form or version in effect at the time of contact from a Customer to the SUNSTAR Support Center. If any provision of this Policy is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of the Policy and shall not affect the validity and enforceability of any remaining provisions.
In addition to terms and conditions set forth in this Policy, you may have other remedies which vary from state to state. This is the entire warranty between you and SUNSTAR. No reseller or agent of the Products is authorized to make any modification, extension or addition to this Policy.