Simtek VR Hoverboard Limited Warranty Statement

Last updated on August 16, 2024

Thank you for shopping with Simtek.

The following terms and conditions are only applicable for non-commercial, in-home, indoor use of a product purchased directly from our official website. Any other use of the Products shall void this Limited Warranty. During the applicable Limited Warranty periods described below, the covered components of the Products will be free of manufacturing defects during normal use. Certain exclusions apply, as further described in this Limited Warranty. Products purchased through any other channels, including second-hand purchases (even if the product is new) are not covered by this warranty. If this product was purchased from a third-party seller, please refer to the seller's related policy for that product.

Interpretation and Definitions


Interpretation


The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions


For the purposes of this Limited Warranty Statement:

  • “Company” (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Simtek.
  • “Products” refers to the items offered for sale on Simtek’s official website.
  • “Orders” means a request by You to purchase Products from Us.
  • “Hoverboard” (referred to as either "the Hoverboard" or "Simtek Hoverboard" in this Agreement) refers to Simtek VR Hoverboard.
  • “Main Components” refers to Slip Rings, Gearbox, Servo Motor, Servo Drives, OLED Screen, Torque Sensor, Weight Sensor, Device Power Supplies.
  • “Accessories” refers to Safety Straps, Leg Protector, Hoverboard Main Body Outer Shell, Pedals, Lever, Lever Hand Screw, Suction Cups, Stabilizer Feet, whether included with the Hoverboard or purchased separately.
  • “You” means the individual accessing or using the service, or the company, or other legal entity on behalf of which such individual is accessing or using the service, as applicable.

What is covered by this Limited Warranty?


The Limited Warranty applies for the following components of the Products only, for the time periods indicated. The Limited Warranty applies only against manufacturing defects discovered within the applicable Limited Warranty period.

Main components: 12 months


Simtek warrants the main components against defects in workmanship for a period of 12 months from the date of original delivery.

Inspect the Hoverboard regularly for any damage, loose parts or other signs of wear and tear that could cause breakdowns or part failures. If any Main Components show signs of wear or damage, stop using the Hoverboard immediately and contact Simtek at info@simtekxr.com.

Accessories: 3 months


Simtek warrants accessories, whether included with the Hoverboard or purchased separately, against defects in workmanship for a period of 6 months from the date of original delivery.

Accessories are not warranted against normal wear and tear, and it is important that You regularly inspect accessories for damage, loose parts, or other signs of wear and tear that may cause malfunction or component failure. Accessories are also not warranted against exposure to liquids, moisture, or extreme thermal or environmental conditions, or against deterioration in cosmetic appearance due to normal wear and tear. Any accessory that shows signs of wear or damaged parts should be removed immediately.

Gifts and parts that are not listed above are not covered by this Limited Warranty, such as Bluetooth Receiver, mounting kit, mounting pad and protective coatings, that are reasonably expected to diminish over time.

Exclusions and Limitations


Who is covered by this Limited Warranty?


  • The original owner of the Product. The Product must remain in the possession of the original purchaser, or, for a gifted Product, the owner of the original user account attached to that Product, and must remain in the country in which the Product was delivered. No warranty service will be provided outside of the country of original delivery of the Product. This Limited Warranty is not transferable.

What is NOT covered by this Limited Warranty?


This Limited Warranty does not apply to:

  • The warranty period has expired.
  • Products that are stolen, counterfeit, purchased from an unauthorized distributor or reseller, or used or located outside the country of original delivery.
  • The serial number, nameplate, watermark, date code, warranty seal, or product logo of Simtek or accessories has been destroyed, removed, altered, erased, wiped out, painted, tampered with, or is illegible.
  • Damage caused by human factors, force majeure, or natural disasters, including but not limited to fire, flood, lightning, wind, freezing, or other acts of God.
  • Damage or equipment failure due to normal wear and tear, improper or negligent use, assembly, maintenance, installation, relocation, or repair (except when performed by a Simtek authorized service technician).
  • Damage or equipment failure resulting from outdoor use, exposure to liquids, sunlight, UV light, other strong light sources, moisture, extreme thermal or environmental conditions, rapid changes in such conditions, corrosion, or oxidation.
  • Failure or damage caused by using parts, accessories, or software not approved by Simtek, or using the products contrary to the instructions in the user manual, technical specifications, or other published guidelines.
  • Damage resulting from unauthorized alterations, modifications, dismantling, or repairs, including attempts to move or repair the products that may result in personal injury or property damage.
  • Damage or equipment failure due to power surges, power fluctuations, power failures, or other problems not related to the product or accessories.
  • Cosmetic damage, such as cracks, scratches, discoloration of paint or plastic, or any other changes in appearance that do not affect performance.
  • Quality problems caused by the user's failure to update software or firmware in a timely manner. Simtek does not warrant that the operation of the products will be uninterrupted or error-free.
  • Loss of data, including any damages or costs associated with data recovery, removal, and installation. Simtek does not guarantee the preservation of information or data stored on the products.
  • Incidental or consequential damages, economic loss, loss of property or profits, loss of enjoyment or use, or other indirect damages in connection with the purchase, use, repair, or maintenance of any equipment or parts. Simtek shall not be responsible or liable for any monetary compensation, including lost work time, cost of replacement equipment, diagnostic visits, maintenance visits, or transportation.
  • Dismantling or repairing without authorization from Simtek.
  • Products with a usage time exceeding 2500 hours.
  • Use of the products for commercial purposes or any use other than normal family or household use.
  • Use of the products outside the designated countries where they were originally sold, or outside the country of original delivery.
  • Other failures and damages not caused by issues such as design, production, quality, etc. of the product itself.
  • Any other Simtek products or services not expressly referred to under the heading “Who is covered by this Limited Warranty?” above, including non-Simtek products not approved in advance by Simtek.
  • This Limited Warranty is valid only in the designated countries where the product or accessory was originally sold.

How to request a warranty service?


To request a warranty service, please follow the steps below:

  1. cease using the Product;
  2. provide the Simtek support department with:
    • the model and serial number of your Product;
    • a copy of your receipt or other valid proof of purchase with the date and item(s) of purchase;
    • your current mailing address and contact information;
    • a description of the nonconformity or defect; and
    • photographs of the nonconformity or defect where they may assist the Simtek support department to assess the claim.

After following the steps above, Simtek or its authorized service provider will instruct you how and when to return the product or accessories. You will be charged with the shipment cost of returning the product or accessories to Simtek’s authorized dealer or Simtek.

Contact Simtek if You believe You need service at info@simtekxr.com.

Requests must be made within the specified warranty period.

Other Stipulations


  • If you return the product or accessories within the warranty period and they meet the terms of this Limited Warranty, Simtek or its authorized agent will repair or replace the product or accessories and will return the repaired product or accessories or the replacements to you.
  • Any products, accessories or parts that were replaced in accordance with the terms of this Limited Warranty will become the property of Simtek.
  • If you agree to return the parts requiring replacement to Simtek within the time required by Simtek, Simtek may choose to provide you with spare parts that you can install on your own to fulfill the obligations under this Limited Warranty.
  • Unless otherwise agreed by Simtek, replacement or return of the product will not be possible after purchase.
  • Unless otherwise instructed by Simtek, you should return all products (including but not limited to all accessories, parts, packaging materials, promotional items, etc.) at time of the replacement or return.
  • The replaced products, parts and all other materials are the property of Simtek. The replacement parts provided may not be brand new but will have the same quality and performance as the original ones, and the function will not be inferior to the original ones.

Disclaimer of Warranties, Limitation of Liability


The limited warranties set forth herein are the exclusive warranties of Simtek and supersede any prior, conflicting or additional representations, whether oral or written.

Any implied warranties, including warranties of merchantability, fitness for a particular purpose, or title and non-infringement, applicable to the products described above are limited in duration to the duration of the express warranties set forth above for those same products. Virtuix hereby disclaims and excludes all such warranties thereafter, except to the extent prohibited by law. Virtuix also hereby disclaims and excludes all other warranties, express or implied, arising by law or otherwise, with respect to any nonconformity or defect in any product, including, but not limited to: (a) any obligation, liability, right, claim or remedy in tort, whether or not arising from the negligence of Simtek or its suppliers (whether active, passive or imputed); and (b) any obligation, liability, right, claim or remedy for loss of or damage to any equipment.

This disclaimer and release shall apply even if the express warranty set forth above fails of its essential purpose and regardless of whether damages are sought for breach of warranty, breach of contract, negligence, or strict liability in tort or under any other legal theory.

In addition, you are instructed and should be aware that use of the products is to be made only in accordance with the published product instructions, that there are risks associated with the use of the products, and that you therefore use the products at your own risk.

In no event shall Simtek, its service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with this limited warranty or the purchase, use, repair, or service of any equipment or products, including any direct, indirect, special, incidental, or consequential damages, economic loss, loss of property or profits, loss of enjoyment or use, or other consequential or punitive damages of any kind. Simtek shall not be liable for any damage or injury incurred during or as a result of repair or attempted repair of products by anyone other than an authorized Simtek technician. The foregoing limitations shall not affect any liability which may not be excluded or limited under applicable law.

You agree that the above limitations of liability, together with the other provisions of this Limited Warranty limiting liability, are essential terms of this Limited Warranty and that Simtek would not be willing to grant you the rights set forth in this Limited Warranty without your agreement to the above limitations of liability; you agree to these limitations of liability in order to induce Simtek to grant you the rights set forth in this Limited Warranty. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. This Limited Warranty gives you specific legal rights, but you may also have other rights that vary from state to state.

Any disputes between you and Simtek related to this Limited Warranty or the Products will be governed by the then-current Dispute Resolution procedures in Simtek’s Terms of Service. Notices that you make in any other forms will not apply to the arbitration agreement and will be void. Even if you decide not to agree to arbitration, this Limited Warranty will still apply to you.