Commercial Limited Warranty
(Last Updated Date: October 1, 2020)
Next Level Ventures LLC dba “AVD” and “Advanced Vapor Devices”, together with its affiliates (hereafter “AVD”, “our,” “we,” or “us”) have adopted certain rules and policies (“Rules and Policies”) that apply to the manufacture, distribution, sale and use of our products. We also have Rules and Policies that govern the access and use to our websites, mobile applications, social media sites and physical locations and premises (collectively, our “Platform”; see “General Terms and Conditions of Use”).
By buying and using our products, you consent to and agree to abide by all of our Rules and Policies, which include but are not limited to the following documents, which are incorporated by reference herein for all purposes:
- General Terms and Conditions of Use (last revised October 1, 2020)
- Limitations on Liability; Dispute Resolution (last revised October 1, 2020)
- General Terms and Conditions of Sale (last revised October 1, 2020)
- Commercial Limited Warranty (last revised October 1, 2020)
- End User Limited Warranty (last revised October 1, 2020)
Compliance with other Rules and Policies. You acknowledge that you have read and agree to the terms of our other Rules and Policies. We may change any of our Rules and Policies at any time. If we make material changes, we will notify you either by posting the changed rules and policies on the Platform or by sending an email to you. We will also update the “Last Updated Date” at the top of the affected Rules and Policies. If we let you know of changes through an email communication, then the date on which the email is sent shall be the deemed to be the date of your receipt of that email.
It’s important that you review all changes to any Rules and Policies. If you do not wish to agree to any changes to the Rules and Policies, then we will not be able to continue providing the Platform to you, and your only option will be to stop accessing the Platform and deactivate any AVD account(s) you may have by providing us with your notice of termination (see Contact Us). Your continued use of the Platform after such changes are posted will constitute your agreement to such amended Rules and Policies.
Commercial Limited Warranty – For Distributors, Resellers, Processors and other Business Partners of AVD
For all AVD Products Excluding Batteries:
All cartridges, disposables, mouthpieces and other products (excluding batteries, which are subject to a separate limited warranty, see below) distributed or sold by AVD and such other products that may be manufactured, delivered or sold by AVD from time to time (a “Product” or the “Products”) are guaranteed against defects in materials and workmanship during normal and customary use for a period of the lesser of 180 days from (i) the date of original receipt from AVD of such Products from AVD; or (ii) the date the Products are removed from their original packaging and/or modified in any manner or filled with extracts or any other substances by any party. This warranty regarding AVD Products does NOT cover normal wear and tear. This warranty excludes damage resulting from abuse, accident, modifications, or otherwise damaged through the act or neglect of the consumer or a third party. AVD makes no warranties as to other parts with which such Products may be combined, including, but not limited to, any bonding or connection between the Products, and any other parts with which it is joined by a party other than AVD or any contents added to cartridges or other Products. AVD is not liable for any costs related to the damage, repair or replacement of any added materials or other content (including but not limited to extracts, oils or other materials used to fill cartridges) added to any Products, which are excluded from this warranty.
In the event that AVD determines in its sole discretion that a Product conforms with these limited warranties and the customer complies with the Warranty Procedures set forth below, AVD will, at its option, do any combination of the following: (a) repair the Product; (b) replace the Product; or (c) refund the purchase price paid for the Product by the customer.
All batteries (excluding disposables), distributed or sold by AVD (a “Battery” or the “Batteries”) are guaranteed against defects in materials and workmanship during normal and customary use for a period of 180 days from the date of retail sale to an end user. This warranty regarding AVD Batteries does NOT cover normal wear and tear. This warranty excludes damage resulting from abuse, accident, modifications, or otherwise damaged through the act or neglect of the consumer or a third party.
In the event that AVD determines in its sole discretion that a Battery conforms with these limited warranties and the customer complies with the Warranty Procedures set forth below, AVD will, at its option, do any combination of the following: (a) replace the Battery; or (b) refund the purchase price paid for the Battery by the customer.
No Warranty Regarding Compatibility with Extracts:
AVD cartridges and other Products may not be fully compatible with many terpenes frequently found in extracts. Due to the known variation in extracts, AVD is not responsible for issues arising from lack of compatibility with any extract and disclaims all liability resulting from any issues arising from the lack of compatibility with any extract used to fill AVD cartridges and PRODUCTS. AVD recommends that processors comprehensively test their extracts in AVD cartridges and PRODUCTS before commencing with EACH FILL.
Limitations on Warranty for all AVD Products:
Other than as set forth above, AVD makes no representations or warranties, and specifically disclaims any liability resulting from Products purchased from a seller who is not an authorized AVD retailer or reseller, including the warranties of merchantability and fitness for a particular purpose.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AVD, ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY “PARTIES”) BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE THE PRODUCTS, (INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOST BUSINESS OR LOST SALES, BUSINESS INTERRUPTION OR LOSS OF INFORMATION) EVEN IF WE OR OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES, SO SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM YOUR USE OF ANY OF OUR PRODUCTS SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNT YOU HAVE PAID FOR ANY PRODUCT OR SERVICE GIVING RISE TO YOUR CLAIM OR (B) US $100.00. THIS LIMITATION SHALL NOT APPLY IN THE CASE OF WILLFUL OR INTENTIONAL MISCONDUCT.
Authorized AVD retailers and resellers seeking to make a warranty claim can make a warranty claim by (a) emailing AVD at [email protected] or (b) calling AVD customer service at 415.320.6209 or (c) contact your representative Monday – Friday, 9-5 pm PST,
All warranty claims and Product returns must include proof of purchase of the Product and a description of the Product defect. You may be requested to provide pictures or video proof of the issue. Depending on the situation AVD may provide a prepaid shipping return label at AVD’s discretion to send the defective Product back to AVD. After the Product is assessed by AVD, we will issue, at our discretion, either (a) a refund for the purchase price, or (b) repair or replace the defective Product at no cost upon our receipt of the defective Product.
Questions and Comments. If you’d like to provide feedback to us about any of our Rules or Policies, or if you have any questions, please contact us at the address of our headquarters provided below:
Next Level Ventures LLC
3131 Western Avenue, Suite 325
Seattle, WA 98121
© 2020 Next Level Ventures LLC. All rights reserved. The products may be protected by U.S. patents, with other patents pending in the USA and elsewhere. “AVD” and “Advanced Vapor Devices” and other marks indicated on our Platform and the logo forms of the foregoing marks are trademarks and/or service marks of Next Level Ventures LLC and may be registered in the United States or in other jurisdictions including internationally.