Warranty, Return & Exchange
Mode Phone Limited Warranty
Mode Phone, LLC ("Mode") warrants that Mode's handsets (“Modephones”) are free from defects in material and workmanship under normal use and service for the period commencing upon the date of purchase by the first consumer purchaser and continuing for the following specified period of time after that date:
This warranty on Mode Phone is conditioned on the proper use of the device. The following things are covered and not covered in the warranty provided by the company.
What does the Mode Warranty Not Cover
- Defect or damage resulting from improper use of the device
- Misuse of the device
- Damage due to an accident
- Damage is due to abnormal conditions
- Exposure to sand, dirt, moisture, dampness, electrical
- Device that as improper serial number
- A device that has damage, altered, or defaced the serial number
- Defects due to the unofficial use of the accessories
- Defects due to virus or other software problems
- Defects due to Custom Firmware or device is broken
What are Mode’s Obligations?
During the applicable warranty period, provided the Model Phone is returned in accordance with the terms of this Limited Warranty, Mode will repair your Model Phone or get it replaced, at Mode’s options, without any charge. Mode may, at Mode's sole option, use rebuilt, reconditioned, or new parts or components when repairing any Mode Phones, or may replace Model Phones with rebuilt, reconditioned, or new Model Phones. All other repaired/replaced Model Phones will be warranted for a period equal to the remainder of the original Limited Warranty on the original Modephones or for ninety (90) days, whichever is longer. Except to any extent expressly allowed by applicable law, transfer, or assignment of this Limited Warranty is prohibited.
What Must You Do to Obtain Warranty Service?
To obtain service under this Limited Warranty, you must return the Mode Phone to P.O. Box [7238 Muncaster Mill Road, Unit 300, Derwood, MD, 20855] in an adequate container for shipping, accompanied by the serial number/IMEI of the Modephone and sales receipt or comparable proof of sale showing the original date of purchase. To obtain assistance on where to deliver the Mode Phones, please email Mode Customer Care at earn@Modephone.com. If Mode determines that any Modephones are not covered by this Limited Warranty, you must pay all parts, shipping, and labor charges for the repair or return of such Mode Phones. You should keep a separate backup copy of any contents of the Modephones before delivering the Mode Phones to Mode for warranty service, as some or all of the contents may be deleted or reformatted during the course of warranty service. Mode will not be responsible for loss of data before, during, or after warranty service.
If you wish to return your Mode Phone for any reason, you may do so at any time postmarked on or before a fourteen (14) day period. (“Return Period”) from receipt of your Modephone as evidenced by the date of the delivery. Take note that the following terms apply with respect to a return of your Modephone:
- If you return your Mode Phone within the Return Period (as evidenced by the postmark) in an unopened and undamaged box, you will receive a full refund of your purchase price.
- If you return your Mode Phone within the Return Period (as evidenced by the postmark) in an opened box, you will receive a full refund of your purchase price less a restocking fee equal to $39 of the purchase price of your Modephone.
- If you are returning your Mode Phone on account of defect or damage not caused by your use of the device, the Modephone will be replaced free of charge in accordance with Mode’s warranty policy.
- If you return your Mode Phone that has been damaged in any way by your use of the device, no refund will be given and the Modephone will be returned to you at your own expense.
- If you reside outside of the United States, you are responsible for any charges relating to shipping your Mode Phone back to us as well as any customs fees that may be assessed in connection with your return of the Mode Phone.
What are the limits on Mode's liability?
THIS LIMITED WARRANTY SETS OUT THE FULL EXTENT OF Mode'S RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING THE MODE PHONES. ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY. IN NO EVENT SHALL Mode BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE MODEPHONES OR FOR, WITHOUT LIMITATION, COMMERCIAL LOSS OF ANY SORT; LOSS OF USE, TIME, DATA, REPUTATION, OPPORTUNITY, GOODWILL, PROFITS, OR SAVINGS; INCONVENIENCE; INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE MODE PHONES. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.
Mode MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE, OR SUITABILITY OF ANY THIRD-PARTY SOFTWARE OR EQUIPMENT USED IN CONJUNCTION WITH THE MODEPHONES, OR THE ABILITY TO INTEGRATE ANY SUCH SOFTWARE OR EQUIPMENT WITH THE MODEPHONES, WHETHER SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT IS INCLUDED WITH THE MODEPHONES DISTRIBUTED BY Mode OR OTHERWISE. RESPONSIBILITY FOR THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE, AND SUITABILITY OF ANY SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT RESTS SOLELY WITH THE USER AND THE DIRECT VENDOR, OWNER, OR SUPPLIER OF SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT.
Nothing in the Mode Phone instructions or information shall be construed to create an express warranty of any kind with respect to the Mode Phone. No agent, employee, dealer, representative, or reseller is authorized to modify or extend this Limited Warranty or to make binding representations or claims, whether in advertising, presentations, or otherwise, on behalf of Mode regarding the Modephone or this Limited Warranty.
This Limited Warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
What is the procedure for resolving disputes?
ALL DISPUTES WITH Mode ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR THE SALE, CONDITION OR PERFORMANCE OF THE MODEPHONES SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION, AND NOT BY A COURT OR JURY. Any such dispute shall not be combined or consolidated with a dispute involving any other person's or entity's products or claim, and specifically, without limitation of the foregoing, shall not under any circumstances proceed as part of a class action. The arbitration shall be conducted before a single arbitrator, whose award may not exceed, in form or amount, the relief allowed by the applicable law. The arbitration shall be conducted according to the American Arbitration Association (AAA) Commercial Arbitration Rules applicable to consumer disputes. This arbitration provision is entered pursuant to the Federal Arbitration Act. The laws of the State of Illinois, without reference to its choice of laws principles, shall govern the interpretation of the Limited Warranty and all disputes that are subject to this arbitration provision. The arbitrator shall decide all issues of interpretation and application of this arbitration provision and the Limited Warranty. This arbitration provision also applies to claims against Mode's employees, representatives and affiliates if any such claim arises from the Mode phone sale, condition or performance.
If any portion of this Limited Warranty is held to be illegal or unenforceable, such partial illegality or unenforceability shall not affect the enforceability of the remainder of the Limited Warranty.