U.S. TERMS OF USE & WARRANTY

BY USING YOUR KONTOR ACCESSORY PURCHASED FROM RESMED OR AN AUTHORIZED RETAILER (THE “PRODUCT”), YOU AGREE TO THESE TERMS OF USE AND THE TERMS OF THIS LIMITED WARRANTY.  BEFORE USING THE PRODUCT, PLEASE READ THE TERMS OF THIS LIMITED WARRANTY CAREFULLY.  IF YOU DO NOT ACCEPT THE TERMS OF THIS LIMITED WARRANTY, DO NOT USE THE PRODUCT.  RETURN IT UNUSED TO YOUR RETAILER OR RESMED FOR A REFUND.

You acknowledge and agree that your use of Products is further governed by the instructions set forth in the Product User Guide available here and the terms and conditions set forth below (collectively, the “Terms”).  If you use Products in violation of any of the Terms, you may void your Limited Warranty on the Products. These Terms are subject to change without notice.  Please check back regularly for the most recent version of these Terms.

LIMITED MANUFACTURER’S WARRANTY

This “Limited Warranty” gives you specific legal rights.  You may also have other rights under the laws of your local jurisdiction.

Acceptance of Limited Warranty: You accept this Limited Warranty by (a) using the Product, or (b) are deemed to accept this Limited Warranty if you do not return the Product within 30 days after purchase, whichever occurs first.

Limited Warranty: Resmed warrants to you, the original retail purchaser of the Product, that your Resmed Product will not malfunction due to defects in materials or workmanship under ordinary consumer use under normal conditions and in compliance with all written instructions including the instructions in the User Guide from the date of purchase for the period specified below.

RESMED GIVES NO OTHER GUARANTEE, WARRANTY, OR CONDITION AND NO ONE ELSE MAY GIVE ANY GUARANTEE, WARRANTY, OR CONDITION ON RESMED’S BEHALF. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IF YOUR HOME JURISDICTION GIVES YOU ANY IMPLIED WARRANTY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ITS DURATION IS LIMITED TO THE ONE (1) YEAR LIMITED WARRANTY PERIOD.  RESMED HEREBY DISCLAIMS ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  FOR THE AVOIDANCE OF DOUBT, YOUR ONLY REMEDY FOR ANY CLAIMS ALLEGING THE MISUSE, MISAPPROPRIATION, OR INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS SHALL BE TO RETURN THE PRODUCT TO RESMED UNDER THIS LIMITED WARRANTY DURING THE LIMITED WARRANTY PERIOD FOR A REFUND.

This limited warranty does not cover:

• any damage caused as a result of improper use, abuse, modification or alteration of the product including failure to use the Product in accordance with the user manual/documentation including the User Guide;

• repairs carried out by any service organisation that has not been expressly authorised by Resmed to perform such repairs;

• any damage or contamination due to cigarette, pipe, cigar or other smoke and any damage caused by exposure to ozone, activated oxygen or other gasses.

This Limited Warranty does not cover damage caused by regular wear and tear.

his Limited Warranty is void on product sold, or resold, outside the region of original purchase.

Limited Warranty claims on defective Products must be made by the initial consumer at the point of purchase or directly to Resmed as specified below.

This Limited Warranty is only available to the initial consumer. It is not transferable.  If the Product fails under conditions of normal use, Resmed will repair or replace, in its sole discretion, the defective Product or any of its components during the Limited Warranty Period.  Any such replacement shall not extend the Limited Warranty Period on the Product from the original date of purchase.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, RESMED SHALL IN NO EVENT BE LIABLE FOR ANY LOST PROFITS, LOSS OF INFORMATION OR DATA, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, ARISING IN ANY WAY OUT OF THE DISTRIBUTION OF, SALE OF, RESALE OF, USE OF, OR INABILITY TO USE THE PRODUCT, EVEN IF RESMED HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES.  IN NO EVENT SHALL RESMED’S LIABILITY RELATED TO ANY CLAIM BROUGHT BY YOU RELATED TO THE PRODUCT EXCEED THE RETAIL PURCHASE PRICE OF THE PRODUCT UNLESS SUCH LIMITATION IS PROHIBITED UNDER THE LAWS OF YOUR HOME JURISDICTION.

UNDER NO CIRCUMSTANCES SHALL RESMED BE RESPONSIBLE OR LIABLE FOR ANY MALFUNCTION OF OR DAMAGE TO YOUR APPLE VISION PRO HEADSET.

SOME REGIONS OR STATES 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, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM REGION TO REGION. FOR FURTHER INFORMATION ON YOUR WARRANTY RIGHTS, CONTACT KONTOR-SUPPORT@RESMED.COM.

BINDING ARBITRATION
PLEASE READ THIS PROVISION CAREFULLY. IT MEANS THAT YOU AND RESMED WILL ARBITRATE OUR DISPUTES. ANY CLAIM OR DISPUTE BETWEEN YOU AND RESMED IN ANY WAY RELATED TO OR CONCERNING RESMED’s TERMS AND CONDITIONS OF USE (“TERMS”) FOR YOUR KONTOR PRODUCT, SHALL BE SUBMITTED TO FINAL, BINDING ARBITRATION BEFORE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). You and RESMED agree that the RESMED Terms affect interstate commerce and that the Federal Arbitration Act and federal arbitration law apply to arbitrations under this provision.

1. BINDING ARBITRATION. YOU HEREBY AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING NOW OR IN THE FUTURE UNDER OR RELATING IN ANY WAY TO YOUR USE OF YOUR KONTOR PRODUCT OR THESE TERMS, REGARDLESS OF THE NATURE OF THE CAUSE(S) OF ACTION ASSERTED (INCLUDING CLAIMS FOR INJUNCTIVE, DECLARATORY, OR EQUITABLE RELIEF), SHALL BE RESOLVED BY BINDING ARBITRATION (EXCEPT THAT RESMED MAY BRING AN ACTION IN ANY COURT OF COMPETENT JURISDICTION TO OBTAIN EQUITABLE RELIEF RELATING TO THE INFRINGEMENT, MISUSE, OR MISAPPROPRIATION OF OUR INTELLECTUAL PROPERTY CONTENT). CLAIMS SUBJECT TO ARBITRATION INCLUDE CLAIMS THAT ARE MADE AS COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS, INTERPLEADERS, OR OTHERWISE.
2. CLASS ACTION WAIVER. YOU HEREBY AGREE THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR RESMED WILL SEEK OR BE ABLE TO HAVE ANY DISPUTE HEARD AS CLASS ACTION OR OTHER REPRESENTATIVE ACTION (e.g., A PRIVATE ATTORNEY GENERAL ACTION), OR IN ANY OTHER PROCEEDINGS IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATION CAPACITY. NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
3. JUDGE/JURY TRIAL WAIVER: ARBITRATION REPLACES THE RIGHT TO GO TO COURT, AND YOU THEREFORE AGREE TO WAIVE ANY RIGHT THAT YOU OR WE MIGHT OTHERWISE HAVE HAD TO A JURY TRIAL OR THE OPPORTUNITY TO LITIGATE ANY CLAIMS IN COURT BEFORE EITHER A JUDGE OR JURY.
4. Application. This binding arbitration provision applies to any and all claims that you have against us, our affiliates, successors, assigns, and against all of their respective employees, agents, or assigns; it also includes any and all claims regarding the applicability of this arbitration clause or the validity of the Agreement, in whole or in part. It is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act, 9 U.S.C. sections 1-16, as it may be amended.
5. Arbitration Procedure. The party filing any claim in arbitration shall file its claim before the AAA under the AAA’s then current commercial arbitration rules, which are available by calling the AAA at 1-800-778-7879 or visiting its website at www.adr.org. If you are an individual and use the product or accessory for personal or household use, or if the value of the dispute is $5,000 or less, the AAA’s supplementary procedures for consumer-related disputes will also apply. Arbitration hearings shall be held in San Diego, California before one arbitrator, unless the amount in dispute is under five thousand dollars ($5,000.00) in which case arbitration may be conducted by telephone, online and/or be solely based on written submissions, and Resmed shall pay for the cost of the arbitrator in such cases. Judgment upon any arbitration award may be entered in any court having jurisdiction.  Each party shall pay its own costs, fees, and expenses (including attorneys’ fees) in relation to any dispute.
6. Conflict with AAA rules. The RESMED Terms govern to the extent they conflict with the AAA’s commercial arbitration rules and supplementary procedures for consumer-related disputes.
7. Claims or disputes must be filed within one year. To the extent permitted by law, any or dispute under the terms of sale or warranty must be filed within one year. The one-year period begins when the claim or notice of dispute first could be filed. If a claim or dispute is not filed within one year, it is permanently barred.
8. Severability. If the class action waiver in Section (B) is found to be illegal or unenforceable as to all or some parts of a dispute, then it will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this section is found to be illegal or unenforceable that provision will be severed with the remainder of this section remaining in full force and effect.
9. The arbitration agreement in this Section shall survive: (i) termination or changes to the Terms, and the relationship between you and Resmed concerning the Terms; and (ii) the bankruptcy of any party or any similar proceeding initiated by you or on your behalf.

Last revision as of December 12, 2024.
Resmed Asia Pte. Ltd., 3 Tuas Avenue 2 639443 Singapore

Resmed, the Resmed logo, and Kontor are trademarks or registered trademarks of the Resmed family of companies. For patent and other intellectual property information, see Resmed.com/ip.

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SUPPORT

At Kontor, user experience and integrity are part of our core values. We hold our products to a high degree of design and manufacturing excellence. If you have any issues with the Kontor products, or for further information about your warranty rights, please send us an email at Kontor-support@Resmed.com. Information contained herein is subject to change without notice.