Last modified: September 17, 2021 (view archived versions)
1.1 Subject to the terms and conditions as otherwise agreed in the Terms of Use and Return Policy of the website of Ambi Labs Limited (“Ambi”) and the sales and purchase agreement (if any), these terms and conditions apply to the warranty provided by Ambi in respect of Ambi Climate (“Product”) purchased from Ambi.
1.2 Ambi shall not in any circumstances be liable for a breach of the warranty unless:
(a) You give written notice by email of the defect to Ambi at support@ambiclimate.com together with the email of the original purchase invoice sent by Ambi within seven days of the time when you discover or ought to have discovered the defect; and
(b) After receiving the notice, Ambi is given a reasonable opportunity to examine such Product and you (if asked to do so by Ambi) return such Product to Ambi’s place of business at 1001-2, 10/F, Hua Fu Commercial Building, 111 Queen's Road West, Sheung Wan, Hong Kong for the examination to take place there.
1.3 We provide a warranty that on delivery, and for a period of 24 months from delivery (the “Warranty Period”), the Products shall be free from material defects. During the Warranty Period, Ambi undertakes, at its sole discretion, either to (a) repair or replace any Product or component which is found to be defective as a result of faulty materials or workmanship; or (b) accept the return of the Product and refund the purchase price paid by the original purchaser for the Product. Repair or replacement may be made with new or refurbished product or components, at the sole discretion of Ambi. This warranty does not apply in the circumstances described in clause 1.4.
1.4 The warranty in clause 1.3 does not apply to any defect in the Products arising from:
(a) fair wear and tear of the Product and parts, which does not affect the functionality or performance of the Product;
(b) malfunction, loss or damage to the Product caused by you or by any third party arising from or in connection with:
(i) abuse, tampering, modification and disassembly of the Product;
(ii) negligence and/or failure to operate or use the Product in accordance with user instructions;
(iii) wilful damage, abnormal storage or working conditions;
(iv) hardware and/or software installation (including virus infection) of the Product; or
(v) alteration made by you or a third party who is not one of our authorised repairers.
(c) malfunction, loss or damage to Product caused by acts of god or any other force majeure event;
(d) Product with its serial number removed, defaced, damaged or altered; or
(e) your breach of these Terms and Conditions, Terms of Use and Return Policy of Ambi’s website, or any provisions of the sales and purchase agreement (if any) of the Product.
1.5 In the event that a repair action is performed, Ambi Labs will be responsible for all costs associated with the repair including parts and labor costs. All service labor is guaranteed for 90 days or until the conclusion of the originally purchased product's original warranty period, whichever period of time is greater.
1.6 The warranty provided in these Terms and Conditions are in lieu of all other warranties expressed or implied including merchantability, satisfactory quality, and fitness for a particular purpose and all such other warranties of the Product. Ambi does not make any other warranty or condition of any kind.
2.1 Ambi only supplies the Products for domestic and private use. You agree not to use the product for any commercial and/or business purpose.
2.2 Nothing in these Terms and Conditions limits or excludes our liability for:
(a) death or personal injury caused by our negligence; and
(b) fraud or fraudulent misrepresentation.
2.3 Subject to clause 2.2, Ambi will under no circumstances whatsoever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Terms and Conditions, Terms of Use and Return Policy on Ambi’s website and sales and purchase agreement for:
(a) any loss of profits, sales, business, or revenue;
(b) loss or corruption of data, information or software;
(c) loss of business opportunity;
(d) loss of anticipated savings;
(e) loss of goodwill; or
(f) any indirect or consequential loss.
2.4 Subject to clause 2.2, our total liability to you in respect of all losses arising under or in connection with the Terms and Conditions, Terms of Use and Return Policy of Ambi’s website and sales and purchase agreement (if any), whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the purchase price paid by the original purchaser for the Product.
These Terms and Conditions and any disputes or claims arising out of or in connection with it or its subject matter or formation (including without limitation disputes or claims) are governed by and construed in accordance with the law of Hong Kong.
Each party irrevocably agrees that the courts of Hong Kong shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Terms and Conditions or its subject matter or formation (including non-contractual disputes or claims).