INCIPIO PROTECTIVE PRODUCTS AGREEMENT

ATLAS LIMITED WARRANTY

IMPORTANT: REGISTER YOUR PURCHASE THROUGH THE PHONE APP PROVIDED

Please read this Agreement carefully.  This limited warranty gives You specific legal rights, and You may also have other rights which vary from State to State.

KEY TERMS:


When in bold certain words and phrases are defined as follows:

Agreement means this document. It describes the terms, conditions, requirements, limitations and exclusions (losses We do not cover) with regard to Your Atlas Cover Product and Electronic Equipment.

Accidental Damage means, (a) after You have used all Reasonable Precautions, as defined herein, (b) the Electronic Equipment has been accidentally damaged by Liquid, (c) when it was protected with Your properly installed Atlas Cover Product at the time at which the damage occurred, (d) in conformance with the installation, maintenance and operating instructions of the Atlas Cover Product.

Atlas Cover Product means the cover device designed to protect Your Electronic Equipment by preventing and/or retarding or minimizing the damage which can be caused to the Electronic Equipment when exposed to Liquid, as established in manufacturer laboratory testing.

Cosmetic Damage means damage or changes to the physical appearance of the Electronic Equipment that does not impede or hinder the normal operational function; such as scratches, abrasions, or changes in color, texture, or finish.

Electronic Equipment shall mean the mobile phone that is to be protected from Accidental Damage under this Agreement when an Atlas Cover Product is properly installed and maintained on such mobile phone.

Liquid means any fluid which does not consist of caustic or corrosive chemicals.

Reasonable Precautions means all measures that would be reasonable to expect a person to take in order to protect their Electronic Equipment from circumstances that would cause damage to the Electronic Equipment; including but not limited to: (1) having the Atlas Cover Product properly installed on the Electronic Equipment at all times, and (2) immediately removing the Electronic Equipment from a Liquid exposure.

Term of Coverage shall mean the length of time coverage is provided under this Agreement as set forth in section B.

You/Your shall mean the individual that owns the Electronic Equipment in which the Atlas Cover Product has been properly installed on.

We/Us/Our shall mean Incipio Technologies, Inc.


A.      COVERAGE DESCRIPTION

We agree, subject to the terms and conditions of this Agreement, that in the event of a covered Accidental Damage which results in the electrical or mechanical breakdown of Your Atlas Cover Product protected Electronic Equipment, occurring during the Term of Coverage, We will, upon Our testing and confirmation of covered damage, (1) replace Your Atlas Cover Product, and (2) repair or replace Your Electronic Equipment with a new or refurbished instrument in Our sole discretion. Coverage is only applicable to the original Electronic Equipment upon which the Atlas Cover Product is installed. The coverage provided herein is not transferrable to any other person or instrument.

Certain items, events, and losses are not covered by this Agreement. Please refer to the exclusions and conditions listed in this Agreement as set forth in section E.



B.       TERM OF COVERAGE


Coverage under this Agreement is only valid for the period of twelve (12) months from the date of purchase of the Atlas Cover Product.


C.      REQUIREMENTS AND LIMITATIONS ON CLAIMS


  1. NO MORE THAN ONE ACCIDENTAL DAMAGE INCIDENT WILL BE COVERED UNDER THIS AGREEMENT.
  2. This Agreement only covers repair or replacement that has been prior authorized by Us or Our representative. REPAIR OR REPLACEMENT MADE BY ANYONE NOT PRIOR AUTHORIZED BY US OR OUR REPRESENTATIVE IS NOT COVERED UNDER THIS AGREEMENT.
  3. You must take every Reasonable Precaution to protect the covered Electronic Equipment from Accidental Damage.
  4. An eligible claim will be remedied by repair or replacement of the Electronic Equipment, in Our sole discretion.
  5. Upon Our request, You are obligated to provide Us or Our representative with information relating to the cause and nature of any claim. This information may include a sworn written statement on Our forms indicating (a) that the damage occurred as You have represented, (b) that the Atlas Cover Product was properly installed on the Electronic Device at the time in which the Accidental Damage occurred, (c) that the Electronic Equipment was operational at the time in which the Accidental Damage AMT-LW-CELLB (07-13) 2 occurred, and (d) the Reasonable Precautions You took to minimize or limit damage to the Electronic Equipment.
  6. We reserve the right to perform Our own laboratory testing on the Electronic Equipment to substantiate that Your claim is a result of the Atlas Cover Product’s failure to perform as designed under manufacturer laboratory testing procedures.
  7. Misrepresentation or any attempt to defraud Us or Our representative; including collusion between You and any third parties, will result in a denial of coverage under this Agreement.
  8. This Agreement is valid in the United States only.

D.      FILING AND PROCESSING OF CLAIMS

To submit a claim under this Agreement, it is Your responsibility to:

(a)      Contact 1- 866-744-4888;

(b)     Provide Us or Our authorized representative all required information to register Your Atlas Cover Product and Electronic Equipment (if You have not previously registered through the phone app provided by Us);

(c)      Provide Us or Our authorized representative details regarding Your claim for Accidental Damage; and

(d)     Follow the further instructions provided by Us or Our authorized representative for claim processing. Further instructions are based on the details and information You provide, and include but are not limited to shipping Your damaged Electronic Equipment, Atlas Cover Product, and proof of purchase documents to Us or Our authorized representative at the address provided to You during Your call.

NOTE: You are responsible for all shipping costs associated with claims submitted under this Agreement. Shipping costs are not covered under this Agreement.



E.       EXCLUSIONS


This Agreement does not cover any loss, repairs, or damage caused by or resulting from:

  1. Liquid damage to Your Electronic Equipment where (a) the Atlas Cover Product was not installed on the Electronic Equipment at the time at which the damage occurred, (b) the Atlas Cover Product was not installed properly at the time at which the damage occurred, or (c) the Electronic Equipment and/or Your Atlas Cover Product has visible signs of abuse or pre-existing damage not caused by Liquid which make them susceptible to Liquid damage;
  2. Any damage of any kind to Your Electronic Equipment other than Accidental Damage as defined in this Agreement;
  3. Repair or replacement arising as a result of negligent use, willful abuse, misuse, or intentional acts to damage Your Electronic Equipment or Your Atlas Cover Product; such as a broken screen, cracked or missing plastic parts or damaged ports and/or missing rubber or materials from Your Atlas Cover Product or Electronic Equipment;
  4. Repair or replacement of accessories or arising from the use of accessories;
  5. Routine inspections, service, adjustments or cleaning, or any damage caused to the Electronic Equipment during these processes;
  6. Damage in which the circumstances cannot be clearly identified that the damage to the Electronic Equipment was caused by the failure of Your Atlas Protective Product to perform as warranted;
  7. Fraudulent claims purporting that the Electronic Equipment was protected with Your Atlas Cover Product when it was not; which is verifiable by Us through performance testing and inspection of the Electronic Equipment and Your Atlas Cover Product delivered to Us for claim purposes;
  8. Repair or replacement not prior authorized by Us or Our representative;
  9. Any subsequent or consequential events resulting from Accidental Damage (NOTE: some states do not allow the exclusion of incidental or consequential damages, so this exclusion may not apply to you);
  10. Repair or replacement of any applications, functionality, or stored data on Your Electronic Equipment; including but not limited to: data, tunes, songs, personalized ring tones, pictures, videos, graphics, calendars, contacts, downloaded apps, material, or software used in conjunction with Your Electronic Equipment;
  11. Cosmetic Damage as defined in this Agreement;
  12. Any damage of any kind to Your Electronic Equipment caused by fluid that is not Liquid as defined herein; or
  13. Any claim submitted in which (a) the subject Electronic Equipment, (b) the subject Atlas Cover Product that failed to perform, and (c) Your proof of purchase documents have not been delivered to Us or Our representative.


F.       WAIVERS AND LIMITATIONS OF LIABILITIES:

EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ABOUT YOUR ELECTRONIC EQUIPMENT.