Coway Limited Warranty Policy
(For the United States)
**PLEASE READ SECTION 5 CAREFULLY AS IT IMPACTS YOUR LEGAL RIGHTS**
Coway Company, Limited (“Coway”) provides this limited warranty (the “Limited Warranty”) for our products (“Products”).
1. PRODUCT TYPE AND WARRANTY PERIOD
For Products You purchased, the Limited Warranty period is as follows:
|Limited Warranty Period
|One (1) year
|Replacement Products or parts are warranted for the remaining period of the original limited warranty period or ninety (90) days, whichever occurs later.
|One (1) year
|One (1) year
|One (1) year
*The Limited Warranty Period commences from the date of original retail purchase.
Products You rented, please refer to your rental agreement with us.
2. WHAT IS COVERED AND NOT COVERED BY THIS LIMITED WARRANTY WHAT IS COVERED?
This Limited Warranty only covers product issues solely caused by defects in material or workmanship during ordinary consumer use.
WHAT IS NOT COVERED?
This Limited Warranty does not cover product issues caused by or for any other reasons, including but not limited to:
- cosmetic damage including scratches, dents, chips, and other damage to the Product finishes, unless failure has occurred due to a defect in materials or workmanship;
- damage caused by normal wear and tear or otherwise due to the normal aging of the Product;
- Products with original serial numbers that have been removed, altered, or not readily determined;
- acts of God, flood, fire, lightening or other natural disasters, wars or other extraordinary events beyond Coway’s control;
- misuse, abuse, improper or incorrect use or operation of the Product or other activities inconsistent with the user’s manual or contradictory to the technical specifications relating to the Product;
- unauthorized repairs, modifications, disassembly, variations or adjustments to the Product or installation, relocation or removal of the Product by a third party not authorized by Coway;
- commercial, industrial, any other non-residential use or use inconsistent with the instructions outlined in the user’s manual;
- the use of non-genuine Coway filters, parts or accessories;
- failure to make proper routine or preventative maintenance of the Product by the customer (e.g. replacement of consumable parts including water or air filters, cleaning of the Product);
- mechanical or electric damage to the Product resulted from incorrect installation, configuration, usage, inadequate or improper voltage or current;
- damage or missing items to any display, open box, discounted, or refurbished product;
General (applicable to all Coway products)
- environmental factors of the customer, including but not limited to, the local water supply characteristics that vary over time and by different geographical region;
- damage caused by leaky, broken, outworn or frozen water pipes or its connecting parts, restricted drain lines, inadequate or interrupted water supply;
- water leakage or damage caused by the customer’s use of other appliances with the Product including dishwasher, ice-maker
- refrigerator, faucet or any of its connecting parts;
- damage to tubing lines caused by the customer’s negligence or mishandling, or by animal or pet bites;
- damage to floor caused by water leakage from cock and gutter due to the customer's failure to properly maintain;
More specifically for water related Products (Water Purifier, Bidet, Water Softener etc.):
- malfunction of the Product or damage resulting from operating the Product in a corrosive atmosphere or contrary to the instructions outlined in the user’s manual;
- damage caused by inadequate or interrupted supply of air.
More specifically for air related Product (Air Purifier):
The costs for repair services, including service trips to deliver, pick up, or install or repair the Product, under these excluded circumstances shall be borne by the customer.
3. HOW TO SUBMIT A LIMITED WARRANTY CLAIM.
To submit a limited warranty claim, contact our call centers as below:
For the Western United States, please call:(213) 386-3033
For the Eastern United States, please call: (201) 482-4011
Monday-Friday: 9:00AM-6:00PM / Saturday: 9:00AM-1:00PM / Sunday: Close
To obtain limited warranty service, your claim must be properly submitted during the valid Limited Warranty period and supported with the proof of original retail purchase (or rental agreement signed) and the evidence of the alleged defects for Limited Warranty validation. If Coway determines that the Product contains a defect in material or workmanship, Coway will, at Coway’s discretion, either repair or replace the defective Product or refund the purchase price shown on your receipt. If Coway decides to repair the Product, we will arrange our authorized technician to visit your place to perform the repair work. This Limited Warranty is valid only in the country of purchase/rental.
4. HOW DOES STATE LAW APPLY
Some states or jurisdictions do not allow limitations on how long an implied warranty or condition lasts or exclusions or limitations of consequential or incidental damages, so the above limitations or exclusions may not apply to you. This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state or jurisdiction to jurisdiction.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY AND THE REMEDIES HEREUNDER ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER STATUTORY, EXPRESS OR IMPLIED. THE REPAIR, REPLACEMENT OR REPLACEMENT OF COWAY’S PRODUCT AS PROVIDED UNDER THIS LIMITED WARRANTY SHALL BE THE EXCLUSIVE REMEDY OF THE CONSUMER AT COWAY’S OPTION. COWAY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES, INCLUDING CONSEQUENTIAL, INDIRECT AND INCIDENTAL DAMAGES, ARISING OUT OF THE USE OF, OR INABILITY TO USE, THE PRODUCT OR FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION ON COWAY’S PRODUCT. UNDER NO CIRCUMSTANCES SHALL COWAY BE LIABLE FOR AN AMOUNT GREATER THAN THE ACTUAL PURCHASE PRICE/RENTAL FEES OF THE PRODUCT. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY.
THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENCE ACTS AND/OR OMISSIONS.
5. PROCEDURE FOR RESOLVING DISPUTES
NOTE - Please read this section carefully as it affects your rights and the resolution of Disputes.
INDIVIDUAL ARBITRATION NOTICE: BY PURCHASING EQUIPMENT OR MAKING A CLAIM UNDER THIS LIMITED WARRANTY, YOU ARE AGREEING THAT ALL DISPUTES BETWEEN YOU AND COWAY WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AS MORE FULLY OUTLINED BELOW.
Please report any Dispute (defined in items 1 and 2 on pages 7-8) to our call centers depending on your location. For the Western United States, please call:(213) 386-3033; For the Eastern United States, please call: (201) 482-4011 (Monday-Friday: 9:00AM-6:00PM / Saturday: 9:00AM-1:00PM / Sunday: Close)
Both You and Coway agree that all Disputes must be resolved exclusively through final and binding arbitration, and not by a court or jury; however, You or Coway may assert claims in small claims court if: (i) the claims qualify for small claims court, (ii) the matter remains in small claims court and (iii) the matter proceeds only on an individual (not a class or representative) basis.
Both You and Coway waive the right to a trial by jury and any right to have a Dispute heard in court. Instead, all Disputes must be resolved in arbitration by a neutral third-party arbitrator. In arbitration, Disputes are resolved by an arbitrator instead of a judge or jury, discovery is more limited than in court and the arbitrator’s decision is subject to limited review by courts. However, the arbitrator must follow the law and can award the same damages as in court, including monetary damages, injunctive relief, declaratory relief and other relief. The arbitrator’s award can be confirmed in any court of competent jurisdiction.
A single arbitrator, with the American Arbitration Association (“AAA”), will conduct the arbitration, and the award may not exceed the relief allowed by applicable law. The arbitration will be conducted in the county of your residence or other mutually agreed location. For claims of $50,000 or less, the AAA’s Supplementary Procedures for consumer- related Disputes will apply. For claims over $50,000, the AAA’s Commercial Arbitration Rules will apply. If either set of rules is not available, the AAA rules applicable to consumer Disputes apply. The AAA’s rules and a form initiating arbitration proceedings are available at www.adr.org or by calling 1-800-778-7879.
This arbitration provision is subject to the Federal Arbitration Act (“FAA”), which governs its interpretation and enforcement. To the extent the FAA does not apply to any Dispute, the laws of the State you reside in at the time of purchase/rental shall govern, without regard to principles of conflicts of law, will apply. The arbitrator will decide all issues of interpretation and application of this Dispute Resolution section, the arbitration provision and the Limited Warranty, with the exception of deciding whether the Arbitration Class Action Waiver in Paragraph 2a is valid or enforceable. A court will resolve any question regarding the validity or enforceability of Paragraph 2a. This Dispute Resolution section will survive termination of this Limited Warranty. The requirement to arbitrate shall be broadly interpreted.
Arbitration Class Action Waiver (for all states other than California)
You and Coway agree that arbitration will proceed solely on an individual basis and no Dispute will be arbitrated as a class action, consolidated with the claims of any other party or arbitrated on a consolidated, representative or private attorney general basis. Unless You and Coway agree otherwise in writing, the arbitrator’s authority to resolve and make awards is limited to Disputes between you and Coway. The arbitrator’s award or decision will not affect issues or claims involved in any proceeding between Coway and any person or entity who is not a party to the arbitration. The arbitrator may award monetary, declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator’s award, if any, will not apply to any person or entity that is not a party to the arbitration.
A court, not the arbitrator, will decide any questions regarding the enforceability of this Paragraph 2a. If a court deems any portion of this Paragraph 2a invalid or unenforceable, the entire arbitration provision in Paragraph 2 (other than this sentence) will be null and void and not apply. For the avoidance of doubt, in no event shall an arbitration occur on a class action or collective basis.
Arbitration Class Action Waiver (for California)
You and Coway agree that arbitration will proceed solely on an individual basis and no Dispute will be arbitrated as a class action, consolidated with the claims of any other party or arbitrated on a consolidated, representative or private attorney general basis; provided, however, you shall be permitted to seek and obtain public injunctive relief in arbitration. Unless You and Coway agree otherwise in writing, the arbitrator’s authority to resolve and make monetary damage awards is limited to Disputes between you and Coway. The arbitrator may award monetary relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator’s monetary award, if any, will not apply to any person or entity that is not a party to the arbitration. A court, not the arbitrator, will decide any questions or disputes regarding the enforceability of this Arbitration Class Action Waiver other than a dispute over whether this Arbitration Class Action Waiver is enforceable under McGill v. Citibank, N.A., 2 Cal 5th 945 (2017) and related case law (that question shall be determined by an arbitrator). If a court deems any portion of this Arbitration Class Action Waiver invalid or unenforceable, the entire arbitration provision (other than this sentence) will be null and void and not apply. If an arbitrator deciding the McGill issue finds that this Arbitration Class Action Waiver is unenforceable, then the entire arbitration provision (other than this sentence and the preceding sentence) shall be null and void. For the avoidance of doubt, in no event shall an arbitration occur on a class action or collective basis.
This arbitration agreement does not preclude you from bringing issues to the attention of federal, state or local agencies. Such agencies can, if the law allows, seek relief against Coway on your behalf.
Fees and Costs
If your total damage claims in an arbitration are $25,000 or less, not including your attorney fees (“Small Arbitration Claim”), the arbitrator may, if you prevail, award your reasonable attorney fees, expert fees and costs (separate from Arbitration Costs as defined below), but may not grant Coway its attorney fees, expert fees or costs (separate from Arbitration Costs) unless the arbitrator determines that your claim was frivolous or brought in bad faith. In a Small Arbitration Claim case, Coway will pay all arbitration filing, administrative and arbitrator costs (together, “Arbitration Costs”). You must submit any request for payment of Arbitration Costs to the AAA at the same time you submit your Demand for Arbitration. However, if you want Coway to advance the Arbitration Costs for a Small Arbitration Claim before filing, Coway will do so at your written request which must be sent to Coway at the address in paragraph 1. In a Small Arbitration Claim case, Coway agrees that you may choose to have the arbitration carried out based only on documents submitted to the arbitrator or by a telephonic hearing unless the arbitrator requires an in-person hearing. If your total damage claim in an arbitration exceeds $25,000, not including your attorney fees (“Large Arbitration Claim”), the arbitrator may award the prevailing party its reasonable attorneys’ fees and costs, or it may apportion attorneys’ fees and costs between you and Coway (such fees and costs being separate from Arbitration Costs). In a Large Arbitration Claim case, if you are able to demonstrate that the Arbitration Costs will be prohibitive as compared to the costs of litigation, Coway will pay as much of the Arbitration Costs as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.
Mass Arbitration (for residents outside of California only)
A “Mass Arbitration” shall be defined as any one of the following: (i) the same lawyer or law firm, alone or with other lawyers or law firms, files or causes to be filed 30 or more Small Arbitration Claims and/or Large Arbitration Claims within a thirty-day period; (ii) the same lawyer or law firm, alone or with other lawyers or law firms, files or causes to be filed 50 or more Small Arbitration Claims and/or Large Arbitration Claims within a sixty-day period;(iii) the same lawyer or law firm, alone or with other lawyers or law firms, serves as counsel (regardless of whether the lawyer or law firm is counsel of record) for 30 or more persons who file a Small Arbitration Claim and/or Large Arbitration Claim within a thirty-day period; or (iv) the same lawyer or law firm, alone or with other lawyers or law firms, serves as counsel (regardless of whether the lawyer or law firm is counsel of record) for 50 or more persons who file a Small Arbitration Claim and/ or Large Arbitration Claim within a sixty-day period. In the event of a Mass Arbitration, notwithstanding anything to the contrary in subpart (c) above, Coway shall (i) not be required to advance or pay Arbitration Costs for any arbitration and (ii) may be awarded its reasonable attorney fees, expert fees, and costs if it prevails (without having to show that the Owner’s claim was frivolous or in bad faith). The immediately preceding sentence shall apply only to only those arbitrations that are filed once the definition of Mass Arbitration is met. Thus, by way of example, if the same law firm files 35 Small Arbitration Claims within a thirty-day period, the first 29 Small Arbitration Claims shall be governed by subpart 2(c) and the last six Small Arbitration Claims (i.e., arbitration numbers 30 through 35) shall be governed by this subpart 2(d). Once a law firm or lawyer is deemed part of a Mass Arbitration, all Small Arbitration Claims and Large Arbitration claims he/she/it files, assists in filing, or causes to be filed shall be governed by this subpart (d) unless and until the law firm or lawyer does not file, assists in filing, or causes to be filed any Small Arbitration Claims or Large Arbitration Claims for a period of one year.
OPT OUT: YOU MAY OPT OUT OF ARBITRATION BY PROVIDING WRITTEN NOTICE (THE “OPT-OUT NOTICE”) TO COWAY
that is post-marked no later than 30 calendar days after your purchase/rental of the Product. The Opt-Out Notice must be mailed by certified mail to Coway USA, Inc., at: 4221 Wilshire Blvd. #210, Los Angeles, CA 90010, United States.
The Opt–Out Notice must state (i) your name and address, and that you opt out of arbitration, (ii) the date you purchased the equipment or entered into your rental agreement, (iii) the Product’s model name and number, and (iv) that you elect to opt out of arbitration. You must sign the Opt-Out Notice personally and not through another person or entity, and the Opt-Out Notice will apply only to the person or entity that signs it. Neither you nor any other person or entity can opt out of arbitration on behalf of anyone else. Providing a timely Opt-Out Notice is the only way to opt out of arbitration. Opting out of arbitration will not affect the Limited Warranty, and you will continue to enjoy the benefits of the Limited Warranty if you opts out of arbitration. Any Opt-Out Notice received after the opt out deadline will not be valid.
Non-Arbitration Class Action and Jury Waiver
If for any reason any Dispute proceeds in court rather than arbitration, you and Coway waive any right to a jury trial, the Dispute will proceed solely on an individual, non-class, non-representative basis. Neither you nor Coway may be a class representative or class member or otherwise participate in any class, consolidated, private attorney general or representative proceeding; provided, however, that in California an individual can seek and obtain public injunctive relief.
If any provision of this Limited Warranty shall be held by an arbitrator or a court of competent jurisdiction to be illegal, invalid or unenforceable, the parties intend for that provision to be amended and construed in a manner designed to effectuate the purposes of that provision to the fullest extent permitted by law. If a provision cannot be so amended or construed, it will be severed, and the remaining provisions shall remain unimpaired, valid and in full force and effect to the fullest extent permitted by law and shall be interpreted so as to best reasonably effect the intent of the parties. To the extent there is a conflict between this severability clause and the severability clause in Section 2(a), the clause in Section 2(a) shall govern. For the avoidance of doubt, the severability clause shall not be used in a manner that permits you to bring a class or collective action.
In addition to the terms defined above, the following definitions will apply to this Limited Warranty:
The terms “Dispute” and “Disputes” will be broadly interpreted to include any claims, disagreements, or controversies that you and Coway had, have, or may have against each other, whether based in contract or tort or on a statute or regulation or any other legal theory, including, without limitation, all claims, disagreements, or controversies related in any way to or arising in any way out of:
- the product and components covered by this Limited Warranty;
- any other Coway product;
- any Coway advertising, representation, or marketing;
- any contract, warranty, or other agreement You had or have with Coway;
- any Coway billing or other policy or practice;
- any action or inaction by any Coway officer, director, employee, agent, or other representative relating to any Coway product, component, marketing, representation, or service;
- any claims You bring against a third party (such as a distributor, dealer, or repair service) that are based on, relate to, or in any way arise out of any Coway product, component, marketing, representation, or service;
- any claims Coway brings against You; and
- any aspect of the relationship between You and Coway.
- “Dispute” and “Disputes” includes claims, disagreements, or controversies that arose at any time, including before this Limited Warranty became operative and after this Limited Warranty is terminated.
- “Coway” refers to Coway Company, Ltd., as well as its parents, affiliated companies, related companies, subsidiaries, divisions, departments, business units, representatives, predecessors in interest, successors, and assigns.
- “Limited Warranty” refers to this document.
- “You” refers to (i) the person or entity that originally purchased the product or is making a claim pertaining to the product.
No Coway reseller, agent or employee is authorized to make any modification, extension, or addition to this Limited Warranty, unless and until officially notified and posted in our official website (www.coway-usa.com).
If any terms of this Limited Warranty are void or unenforceable by applicable law, such terms shall be limited or eliminated to the minimum extent necessary and replaced with a valid term that best embodies the intent of these terms, so that these terms of the Limited Warranty shall remain in full force and effect.
This Limited Warranty may be updated from time to time in compliance with the applicable law and Coway’s internal policy.