By placing an order or making a purchase at Miku, Inc. (“Miku”), you agree to Miku’s Terms of Service and Privacy Policy. If you are a resident of the United States or Canada, we offer (and you also agree to) the terms set forth below. Please note if you are not resident of the United States or Canada, this Limited Warranty & Return Policy does not apply to you.

Limited Warranty

Miku warrants solely to the original purchaser (“Purchaser”) that each Miku Baby Monitor unit (the “Product”) will be free from defects in materials and workmanship for twelve (12) months from the date of tender of such Product unit by Miku (i.e., from the date of delivery) following the original retail purchase (the “Warranty Period”).  Miku’s entire liability and Purchaser’s sole and exclusive remedy for any breach of this limited warranty will be, at Miku’s option: (A) to replace the defective Product with a functionally equivalent product (repair parts and products may be either reconditioned or new, but, if reconditioned, shall be of the same quality as new parts or products); or (B) if Miku determines that it is unable to repair or replace such Product, Miku will refund to Purchaser the amount actually paid by Purchaser to Miku for the applicable Product. All replaced parts requiring return become the property of Miku. Miku may, at its sole option, refuse to accept as defective any Product that (i) is subject to the exclusions set forth below; or (ii) cannot be demonstrated to be defective by Miku and Purchaser is unable to provide adequate information describing how the Product failed. Such Product will, at Purchaser’s option and expense, either be: (a) returned to Purchaser in the state or political division received, or (b) repaired and returned to Purchaser.  Any repaired or replaced Product will be warranted for the remainder of the original warranty.

Exclusions

This limited warranty will not apply to: any Product that: (i) has been modified or altered by any party other than Miku; (ii) has been subject to accident, misuse, abnormal wear and tear, neglect, or mistreatment; (iii) damage caused during installation of the Product; (iv) damage caused by the equipment or system with which the Product is used; or (v) Products that are determined to be stolen.
The warranty applies only to Products that can be identified by the Miku trademark, trade name, serial number or logo affixed to them. Miku does not warrant any Product that is not manufactured by, for, or with permission from Miku.

THIS EXPRESS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE PRODUCT AND ANY RELATED SERVICES. MIKU, ITS SUPPLIERS AND LICENSORS HEREBY EXPRESSLY DISCLAIM ALL SUCH IMPLIED AND EXPRESS WARRANTIES, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, INTERFERENCE WITH QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. FURTHER, MIKU DOES NOT WARRANT RESULTS OF USE OR THAT PURCHASER’S USE OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE. NO WARRANTIES ARE MADE BY MIKU’S SUPPLIERS. EXCEPT FOR THE EXPRESS WARRANTY STATED HEREIN, THE PRODUCT IS PROVIDED “AS IS” AND WITH ALL FAULTS. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, ACCURACY AND EFFORT IS WITH PURCHASER.

REGARDLESS OF WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE, AND EXCEPT FOR BODILY INJURY, IN NO EVENT WILL MIKU, ITS SUPPLIERS OR LICENSORS BE LIABLE TO PURCHASER OR TO ANY THIRD PARTY UNDER ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR ANY OTHER SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT, EVEN IF MIKU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. IN NO EVENT SHALL MIKU’S AND ITS SUPPLIERS’ AGGREGATE LIABILITY EXCEED AN AMOUNT EQUAL TO THE PURCHASE PRICE OF THE PRODUCT PAID BY PURCHASER THAT IS THE SUBJECT OF A CLAIM. ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE OCCURRENCE OF THE EVENT GIVING RISE TO SUCH CLAIM. IN ADDITION, MIKU DISCLAIMS ALL LIABILITY OF ANY KIND OF MIKU’S SUPPLIERS.

The Product is not designed, manufactured or intended for use in hazardous or critical environments or in activities requiring emergency or fail-safe operation or in any other applications or activities in which failure of the Products may pose the risk of environmental harm or physical injury or death to humans (“Dangerous Applications”). Miku specifically disclaims any liabilities or warranties for any use of the Product by Purchaser for Dangerous Applications.

This limited warranty statement is the final and complete expression of all agreements between the parties with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements, proposals or other communications, oral or written, between the parties with respect to such subject matter. This limited warranty gives you specific legal rights. You may also have other legal rights that vary by state, province, or jurisdiction. Likewise, some of the limitations in this limited warranty may not apply in certain states. The terms of this limited warranty will apply to the extent permitted by applicable law. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction and you may wish to contact a relevant consumer advisory service.

MIKU RESERVES THE RIGHT TO MAKE CHANGES IN ITS PRODUCTS WITHOUT OBLIGATION TO INCORPORATE SUCH CHANGES INTO ANY PRODUCT PREVIOUSLY MANUFACTURED.