This Limited Warranty applies if You purchased Your device and/or accessories (collectively, the “Product”) from Essential Products, Inc. and our subsidiaries and affiliates (“EP”) in Japan. “You” or “Your” means the original purchaser of the Product (from EP or an authorized reseller) and/or original end-user of the Product.

Before using Your Product, please read this Limited Warranty carefully to understand Your rights and obligations. If You do not accept this warranty, do not use Your Product. Return it unused for a refund. For more information, please visit the Returns & Refunds page.

Limited Warranty (Japan)

Last updated: April 27, 2018

EP warrants that a new Product (including accessories packaged with it) will be free from defects in materials and workmanship under normal use in accordance with EP’s manual and user documentation for the period set forth in the following table (defined as, “Limited Warranty Period”):

Product Type Limited Warranty Period
Essential Phone One (1) year from the date of purchase by You
Essential 360 Camera One (1) year from the date of purchase by You
All other items sold or manufactured by EP, including but not limited to, Audio Adapter, Fast Charger, Earphones Mini, Earphones HD, 360 Case, but not including Third Party Products Ninety (90) days from the date of purchase by You


For refurbished Products, EP warrants that such Products will be free from defects in materials and workmanship under normal use in accordance with EP’s manual and user documentation for ninety (90) days from the date of retail purchase. Collectively, the above warranties are EP’s “Limited Warranty.”

This Limited Warranty is available to You and is only valid and enforceable in the specified countries where the Product is sold and applies only if Your Product was purchased from EP or an authorized reseller. This Limited Warranty only applies to hardware components and does not apply to software elements of the Product.

The Limited Warranty does not apply to the following:

(a) ordinary wear and tear; (b) defects or damage resulting from accident, misuse, abnormal use, abnormal conditions, neglect improper storage, exposure to liquid, moisture, dampness, sand or dirt, neglect, or unusual physical, electrical or electromechanical stress; (c) scratches, dents and cosmetic damage; (d) defects or damage resulting from excessive force; (e) equipment that has the serial number removed, defaced, damaged, altered, or made illegible; (f) defects or damage resulting from the use of the Product in conjunction or connection with accessories or equipment not approved by EP; (g) defects or damage resulting from testing, operation, installation, alteration, adjustment, disassembly not approved by EP, including but not limited to installation of unauthorized software and unauthorized root access (including jailbreaking); (h) defects or damage resulting from external causes such as collision with an object, fire, flooding, dirt, windstorm, lightning, earthquake, exposure to nature or weather conditions (including extreme thermal or environmental conditions), theft, blown fuse, or improper use of any electrical source; (i) defects or damage resulting from cellular signal reception or transmission, or viruses or other software problems introduced into the Product; or (j) Products purchased outside of Japan.

Additionally, EP does not represent or warrant that (a) the functions contained in the Product will be accurate or meet Your requirements, (b) the operation of the Product will be secure, uninterrupted, error-free or virus-free, or (c) any defects with the Product will be corrected other than as described in this Limited Warranty.

EXCLUSIVE REMEDY

If a defect arises and You return Your Product during the Limited Warranty period, EP will in its sole discretion and to the extent permitted by law either repair Your Product using new or refurbished parts, replace Your Product with a new or refurbished Product at least functionally equivalent to the original Product, or accept the return of the Product in exchange for a refund of the price paid for the Product. If EP repairs or replaces the Product, the repaired or replaced Product will continue to be warranted for the remaining time of the original warranty period.

Please backup and remove all personal data from the Product before returning it to EP. All returned parts for which You have received a replacement will become the property of EP. Nothing in this Limited Warranty will reduce or otherwise affect Your statutory rights in relation to the Product.

To make a claim under the Limited Warranty, visit Support. You must provide Your name, contact information and the IMEI number of the Product, which can be found on the packaging or in the SIM tray. You will also need to provide a purchase receipt.

The Limited Warranty written above is the only express warranty EP provides for the Product, and the above remedy is Your sole remedy. No oral or written information, guidelines, or advice given by EP will create a warranty. EP limits the duration and remedies of all statutory and implied warranties, including without limitation, warranties of merchantability and fitness for a particular purpose and warranties against hidden or latent defects. The foregoing warranty disclaimers will apply to the maximum extent permitted by applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or limitations on how long an implied warranty lasts, so some or all of the disclaimers and limitations in this Limited Warranty may not apply to You.

LIMITATION OF LIABILITY

The limitations of liability set forth in this section are subject to contrary mandatory provisions of applicable law and will not limit or exclude liability for personal injury or property damage directly and proximately caused by the Product You purchase or receive from EP or for EP’s fraud, gross negligence, or intentional, willful, malicious, or reckless misconduct.

Except as set forth above, You expressly understand and agree that, to the maximum extent permitted by applicable law, EP and our agents, partners, licensors, suppliers, and assigns, and our and their directors, officers, employees, consultants, and other representatives (together with EP, the “EP Parties”) will not be liable to You under any theory of liability (whether contract, tort (including negligence), breach or failure of any warranty or otherwise) for any indirect, incidental, consequential, economic, or special damages, damages for loss of data, or damages arising out of the inability to use the Product, even if an EP Party has been advised of the possibility of such damages that may be incurred by You in connection with the Product or this warranty.

Some jurisdictions do not allow the limitation of incidental or consequential damages so the above limitation or exclusion may not apply to You. This Limited Warranty gives You specific legal rights, and You may also have other rights which vary from prefecture to prefecture.

MODIFICATION

No employee or representative of the EP Parties or any third party is authorized to make any modification, extension, or addition to this Limited Warranty whether by course of conduct or otherwise.

SEVERABILITY

If any provision or part of a provision of this Limited Warranty is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Limited Warranty and does not affect the validity and enforceability of any remaining provisions.

CHOICE OF LAW AND JURISDICTION

The Federal Arbitration Act (the “FAA”) applies to the agreement to arbitrate to the maximum extent allowable. Except as preempted by FAA, the laws of the State of California, without reference to its choice of laws principles, will govern this Limited Warranty. With the exception of disputes in small claims court or in arbitration, You and EP consent to jurisdiction and venue in the state or federal courts located in Santa Clara County, California, for any claims arising out of a dispute relating to this Limited Warranty. Notwithstanding the Section titled “Binding Arbitration and Class Action Waiver”, if You are a consumer in Japan, You have the right to resolve disputes before the Tokyo District Court in Japan. Nothing in this Limited Warranty affects Your rights as a consumer in Japan to rely on mandatory provisions of Japanese law.

BINDING ARBITRATION AND CLASS ACTION WAIVER

Please read the following section carefully because it requires You to submit to binding arbitration (and jury trial waiver) of any and all disputes (other than specified intellectual property claims and small claims) with EP and limits the manner in which You can seek relief from EP. No class or representative actions or arbitrations are allowed under this Limited Warranty.

Binding Arbitration; Disputes; Small Claims. You and EP agree to waive any right to a jury trial, or the right to have any Dispute (as defined below) resolved in any court, and instead accept the use of binding arbitration before a three member panel (which is the referral of a Dispute to, in this case, three impartial persons for a final and binding determination); provided, however, that You have the right to litigate any Dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the Dispute, are satisfied. You agree to bring a Dispute in small claims court only in Santa Clara County, California. “Dispute” as used in this arbitration section means any dispute, cause of action, claim, or controversy arising out of or in any way related to the sale, condition, use, or performance of the Product, this Limited Warranty, or the subject matter of this Limited Warranty, including but not limited to, personal injury disputes and disputes that involve third parties (such as developers of content), except any dispute, cause of action, claim, or controversy relating to Your or EP’s intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and/or patents). This section does not prevent the parties from seeking public injunctive relief in a court of competent jurisdiction.

No Class Arbitrations, Class Actions or Representative Actions. You and EP agree that any Dispute is personal to You and EP, and that any Dispute will only be resolved by an individual arbitration and will not be brought, whether inside or outside of arbitration, as a class or representative action, or on behalf of any other person or persons.

Federal Arbitration Act. You and EP agree that this Limited Warranty affects interstate commerce and that the enforceability of this arbitration section will be governed by, construed, and enforced, both substantively and procedurally, by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (“FAA”) to the maximum extent permitted by applicable law, consistent with the Choice of Law provisions above.

Confidentiality. The arbitrators, EP, and You will maintain the confidentiality of any proceedings, including but not limited to, any and all information gathered, prepared, and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrators will have the authority to make appropriate rulings to safeguard that confidentiality, unless the law provides to the contrary.

Process. Our goal is to resolve claims fairly and quickly. Accordingly, for any Dispute that You have against EP, You agree to first contact EP and attempt to resolve the claim informally by sending a written notice of Your claim (“Notice”) to EP by email at legal@essential.com or by certified mail addressed to: General Counsel, Essential Products, Inc., 380 Portage Ave, Palo Alto, CA 94306, U.S.A. The Notice must (a) include Your name, residence address, email address, and mobile telephone number; (b) describe the nature and basis of the claim; and (c) set forth the specific relief sought. Our notice to You will be similar in form to that described above. If You and EP cannot reach an agreement to resolve the claim within thirty (30) days after such Notice is received, then either party may, as appropriate in accordance with this arbitration section, submit the Dispute to binding arbitration administered by JAMS or, where applicable, in court. You will have the right to an in-person hearing in Tokyo, Japan. Each party will pick one arbitrator, and those two arbitrators will pick the third arbitrator who will be the chief arbitrator. In the event JAMS declines or is unable to administer the arbitration, You and EP agree to have the arbitration administered by the American Arbitration Association (“AAA”), or another mutually agreed upon administration, in accordance with the AAA Consumer Arbitration Rules. If, after making a reasonable effort, You and EP are not able to agree upon an arbitration forum, JAMS will appoint an arbitration forum or arbitrators. The arbitration will be conducted in accordance with the JAMS Comprehensive Arbitration Rules & Procedures Rules (“JAMS Rules”) then in effect, and You agree such rules are subject to changes that JAMS may make from time to time. The JAMS Rules and other information about JAMS and arbitration are available at https://www.jamsadr.com or by calling 1-800-352-5267. By agreeing to this Limited Warranty, You either (1) acknowledge that You have read and understand the JAMS Rules or (2) waive reading the JAMS Rules. You and EP agree that the terms set forth in this Limited Warranty govern the arbitration. You and EP agree that any Dispute must be commenced or filed within one year after such claim arose; otherwise, the Dispute is permanently barred.

As limited by the FAA, this Limited Warranty, and the applicable JAMS Rules, the arbitrators will have the exclusive power and jurisdiction to make all procedural and substantive decisions concerning the Dispute including the power to determine the question of arbitrability; provided, however, that this power does not include the power to conduct a class arbitration or a representative action, which is prohibited by this Limited Warranty (as stated above). The arbitrators may only conduct an individual arbitration, and may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding, or any proceeding on behalf of or involving more than one person.

Fees and Award. If You initiate a Dispute, You will be required to pay a $250 USD filing fee, which is approximately equivalent to current court filing fees. All costs associated with the arbitration will be paid by EP. The party that prevails in the Dispute will be required to pay the other party’s fees and costs, including attorneys’ fees. An arbitrator's award will consist of a written statement stating the disposition of each claim and will provide a concise written statement of the findings and conclusions on which the award is based.

Severability and Survival. If any portion of this arbitration section is found to be unenforceable or unlawful for any reason, (1) the unenforceable or unlawful provision shall be severed from this Limited Warranty; (2) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of the arbitration section or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the arbitration section; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this arbitration section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect, and the remainder of this section will be enforceable.

WAIVER OF JURY TRIAL:

If a Dispute between You and EP proceeds in court rather than or in addition to in arbitration, You and EP unconditionally waive any right to trial by jury in any action, proceeding, or counterclaim arising out of or relating to a Dispute as defined above.

CONTACT INFORMATION

This Limited Warranty is given by Essential Products, Inc., a Delaware corporation whose principal place of business is at 380 Portage Avenue, Palo Alto, CA, 94306, United States. You can also email us or reach us at 1-888-444-2222.

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