Limited Warranty (Canada)

ARBITRATION NOTICE: THIS LIMITED WARRANTY CONTAINS AN ARBITRATION PROVISION THAT REQUIRES YOU AND COWAY TO RESOLVE DISPUTES BY BINDING ARBITRATION INSTEAD OF IN COURT, UNLESS YOU CHOOSE TO OPT OUT. IN ARBITRATION, CLASS ACTIONS AND JURY TRIALS ARE NOT PERMITTED. PLEASE SEE THE SECTION TITLED “PROCEDURE FOR RESOLVING DISPUTES” BELOW.

Should the motor or other electronic parts of Coway’s product fail due to a defect in materials or workmanship under normal home use, during the warranty period set forth below, Coway will at its option repair or replace the part and/or the product. This limited warranty is valid only to the original retail purchaser of the product and applies only when purchased and used within the United States, Canada and Mexico. Proof of original retail purchase and the video of the issue are required to obtain warranty service under this Limited Warranty.

Replacement products and parts are warranted for the remaining portion of the original warranty period or ninety (90) days, whichever is greater. Replacement products and parts may be new or refurbished.

THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT ANY IMPLIED WARRANTY IS REQUIRED BY LAW, IT IS LIMITED IN DURATION TO THE EXPRESS WARRANTY PERIOD ABOVE. NEITHER THE MANUFACTURER NOR ITS DISTRIBUTOR SHALL BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR PROFITS, OR ANY OTHER DAMAGE WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE.

Some states, provinces, or countries do not allow the exclusion or limitation of incidental or consequential damages or limitations on how long an implied warranty lasts. Therefore, the above exclusion or limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

Unauthorized Dealers or Sellers

This limited warranty does not cover products purchased from unauthorized dealers or sellers. Coway's limited warranty applies only to products purchased from authorized dealers or sellers who are subject to Coway's quality controls and agree to follow them. Please remember that products purchased from an unauthorized website or dealer may be counterfeit, used, defective, or unsuitable for use in your country. Only purchase from Coway or its authorized dealers to protect yourself and your products. If you have any questions about a specific seller or believe you purchased your product from an unauthorized seller, don't hesitate to contact us at info@cowaymega.com.

THIS LIMITED WARRANTY DOES NOT COVER: 

• Service trips to deliver, pick up, or install or repair the product; instruction to the customer on operation of the product; repair or replacement of fuses or correction of wiring or plumbing, or correction of unauthorized repairs/installation.
• Failure of the product to perform during power failures and interrupted or inadequate electrical service.
• Damage caused by leaky or broken water pipes, frozen water pipes, restricted drain lines, inadequate or interrupted water supply or inadequate supply of air.
• Damage resulting from operating the product in a corrosive atmosphere or contrary to the instructions outlined in the owner’s manual of the product.
• Damage to the product caused by accidents, pests and vermin, lightning, wind, fire, floods, or acts of God.
• Damage or failure caused by unauthorized modification or alteration, or use for other than the intended purpose.
• Damage or failure of fan caused during the shipment or by misuse of the customer.
• Damage or failure caused by incorrect electrical current, voltage, or plumbing codes, commercial or industrial use, or use of accessories, components, or consumable cleaning products which are not approved by Coway.
• Damage caused by transportation and handling, including scratches, dents, chips, and/or other damage to the finish of your product, unless such damage results from defects in materials or workmanship on the motor or other electronic parts and is reported within one (1) week of delivery.
• Damage or missing items to any display, open box, discounted, or refurbished product.
• Products with original serial numbers that have been removed, altered, or cannot be readily determined. Model and serial numbers, along with original retail sales receipts, are required for warranty validation.
• Increases in utility costs and additional utility expenses.
• Repairs when the product is used for other than normal and usual household use (e.g., commercial use, in offices and recreational facilities) or contrary to the instructions outlined in the product’s owner’s manual.
• Costs associated with removal of the product from your home for repairs.
• The removal and reinstallation of the product if it is installed in an inaccessible location or is not installed in accordance with published installation instructions, including the owner’s and installation manuals of Coway.
• Damage resulting from misuse, abuse, improper installation, repair, or maintenance. Improper repair includes use of parts not approved or specified by Coway.

The cost of repair or replacement under these excluded circumstances shall be borne by the consumer. 

TO OBTAIN WARRANTY SERVICE:

Please contact Coway at 1-800-285-0982 between 7:00 am and 8:00 pm CST, Monday through Friday, to speak with an authorized representative of Coway. Your warranty claim file will be opened, and you will be instructed to send the proof of purchase, video footage showing the alleged defect and the product to the address designated by the representative. Within 45 days from its receipt of said proof, video footage and the product, Coway will either (i) send you the repaired or replaced product at no charge to you or (ii) send you your original product at your costs if your warranty claim is denied, which will be promptly notified by Coway. THE PROOF OF PURCHASE, VIDEO FOOTAGE AND THE PRODUCT SHALL BE RECEIVED BY COWAY WITHIN 30 DAYS AFTER YOUR WARRANTY CLAIM FILE IS OPENED.

For additional product information, please visit Coway’s website at https://cowaymega.ca/

For further assistance, please write:

Coway USA, Inc.

4221 Wilshire Blvd., STE 210

Los Angeles, CA 90010

PROCEDURE FOR RESOLVING DISPUTES: 

ALL DISPUTES BETWEEN YOU AND COWAY ARISING OUT OF OR RELATING IN ANY WAY TO THIS LIMITED WARRANTY OR THE PRODUCT SHALL BE RESOLVED EXCLUSIVELY THROUGH BINDING ARBITRATION, AND NOT IN A COURT OF GENERAL JURISDICTION. BINDING ARBITRATION MEANS THAT YOU AND COWAY ARE EACH WAIVING THE RIGHT TO A JURY TRIAL AND TO BRING OR PARTICIPATE IN A CLASS ACTION.

Definitions. For the purposes of this section, references to “Coway” mean Coway USA, Inc., its parents, subsidiaries and affiliates, and each of their officers, directors, employees, agents, beneficiaries, predecessors in interest, successors, assigns and suppliers; references to “dispute” or “claim” shall include any dispute, claim or controversy of any kind whatsoever (whether based in contract, tort, statute, regulation, ordinance, fraud, misrepresentation or any other legal or equitable theory) arising out of or relating in any way to the sale, condition or performance of the product or this Limited Warranty.

Notice of Dispute. In the event you intend to commence an arbitration proceeding, you must first notify Coway in writing at least 30 days in advance of initiating the arbitration by sending a letter to Coway at Coway USA, Inc., Attn: Legal Department- Arbitration, 4221 Wilshire Blvd., STE 210, Los Angeles, CA 90010.

You and Coway agree to engage in good faith discussions in an attempt to amicably resolve your claim. The notice must provide your name, address, and telephone number; identify the product that is the subject of the claim; and describe the nature of the claim and the relief being sought. If you and Coway are unable to resolve the dispute within 30 days, either party may proceed to file a claim for arbitration.

Agreement to Binding Arbitration and Class Action Waiver. Upon failure to resolve the dispute during the 30 day period after sending written notice to Coway, you and Coway agree to resolve any claims between us only by binding arbitration on an individual basis, unless you opt out as provided below. Any dispute between you and Coway shall not be combined or consolidated with a dispute involving any other person’s or entity’s product or claim. More specifically, without limitation of the foregoing, any dispute between you and Coway shall not under any circumstances proceed as part of a class or representative action. Instead of arbitration, either party may bring an individual action in small claims court, but that small claims court action may not be brought on a class or representative basis.

Disclaimer.  EXCEPT FOR THE WARRANTY POLICY AS INCLUDED IN THE USER MANUAL THAT COMES WITH THE PRODUCT, THE PRODUCT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, AND ANY AND ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, OR WHETHER WRITTEN OR ORAL, ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, TITLE, AND NON-INFRINGEMENT ARE SPEFICALLY DISCLAIMED AND EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Using the internet may expose you to certain risks. Coway is not responsible for any viruses that may infect your computer equipment or other property on account of your access to, use of the Products or from downloading any materials, data, text, images, video, or audio from the Products. Any material accessed, downloaded, or otherwise obtained through the use of the Products is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

THE FOREGOING EXCLUSIONS OF EXPRESS, IMPLIED OR STATUORY REPRESENTATIONS, CONDITIONS AND WARRANTIES MAY NOT APPLY TO THE EXTENT PROHIBITED BY PROVINCIAL OR FEDERAL LAWS.  TO THE EXTENT COWAY MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

Limitation of Liability. DOES NOT APPLY IF YOU RESIDE IN QUEBEC.   TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, IN NO EVENT WILL COWAY NOR ITS AFFILIATES, NOR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR AGGRAVATED DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED ON THIS SITE OR THEIR USE OR MISUSE, WHETHER OR NOT ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), CIVIL LIABILITY OR OTHERWISE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.   THIS EXCLUSION OF LIABILITY WILL APPLY NOTWITHSTANDING THE BREACH OF A FUNDAMENTAL TERM OR CONDITION OF THIS POLICY OR ANY FUNDAMENTAL BREACH OF THIS POLICY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, COWAY’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURY AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH ANY PRODUCTS PURCHASED ON THIS SITE AND ANY USE MADE THEREOF WILL BE LIMITED TO ALL FEES PAID BY YOU TO COWAY HEREUNDER FOR THE PURCHASE OF SUCH PRODUCTS.

TO THE EXTENT COWAY MAY NOT, AS A MATTER OF APPLICABLE LAW, LIMIT ITS LIABILITIES, THE EXTENT OF COWAY’S LIABILITY SHALL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.

Applicable Law. This Policy will be governed by the laws of the province of Ontario and the laws of Canada applicable therein unless the applicable laws of your province of residence requires that the laws of such province to govern, in which case, the laws of such province are to govern. The exclusive jurisdiction for any claim, action or dispute with Coway or relating in any way to your use of the Site or a purchase made on the Site will be in the courts of the province of Ontario unless required otherwise by applicable laws of your province of residence.

Arbitration Rules and Procedures. DOES NOT APPLY IF YOU RESIDE IN QUEBEC. You and Coway agree that any dispute, claim or controversy arising out of or relating to the Product(s) or this Policy or the breach, termination, enforcement, interpretation or validity thereof, shall be determined by binding and final arbitration, instead of through court proceedings, before one neutral arbitrator. The seat of the arbitration shall be Toronto, Canada. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures in effect as of the date hereof, including [the Expedited Procedures and] the Optional Appeal Procedure provided for in such rules (the “Arbitration Rules”). The venue of the arbitration shall be in Toronto, Ontario.  The language of the arbitration will be English. The arbitrator’s decision shall be controlled by this Policy and any of the other agreements governing your use of the Product(s). The arbitrator shall not have the power to award punitive damages against any party. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

Fees/Costs. If you prevail in the arbitration, Coway will pay your attorneys’ fees and expenses as long as they are reasonable, by considering factors including, but not limited to, the purchase amount and claim amount. Notwithstanding the foregoing, if applicable law allows for an award of reasonable attorneys’ fees and expenses, an arbitrator can award them to the same extent that a court would. If the arbitrator finds either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all arbitration fees will be governed by the AAA Rules. In such a situation, you agree to reimburse Coway for all monies previously disbursed by it which are otherwise your obligation to pay under the AAA Rules.

Hearings and Location. If your claim is for $25,000 or less, you may choose to have the arbitration conducted solely on the basis of (1) documents submitted to the arbitrator, (2) through a telephonic hearing, or (3) by an in-person hearing as established by the AAA Rules. If your claim exceeds $25,000, the right to a hearing will be determined by the AAA Rules. Any in-person arbitration hearings will be held at a location within the federal judicial district in which you reside unless we both agree to another location or we agree to a telephonic arbitration.

Opt Out. You may opt out of this dispute resolution procedure. If you opt out, neither you nor Coway can require the other to participate in an arbitration proceeding. To opt out, you must send notice to Coway no later than 30 calendar days from the date of the first consumer purchaser’s purchase of the product by either: (i) sending an e-mail to info@cowaymega.com with the subject line: “Arbitration Opt Out” or (ii) calling 1-800-285-0982. You must include in the opt out e-mail or provide by telephone: (a) your name and address; (b) the date on which the product was purchased; (c) the product model name or model number; and (d) the serial number (the serial number can be found on the product.

You may only opt out of the dispute resolution procedure in the manner described above (that is, by e-mail or telephone); no other form of notice will be effective to opt out of this dispute resolution procedure. Opting out of this dispute resolution procedure will not affect the coverage of the Limited Warranty in any way, and you will continue to enjoy the full benefits of the Limited Warranty. If you keep this product and do not opt out, then you accept all terms and conditions of the arbitration provision described above.