Remedies. If a hardware defect arises and a valid claim is received by Wearsafe within the Limited Warranty Period, Wearsafe will, at its option and to the extent permitted by law, either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) replace the Product with a new or refurbished Product. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Warranty is valid only in the jurisdictions where the Products are sold by Wearsafe itself or through its authorized reseller or agent, and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement hardware product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer.
How to Obtain Warranty Service. To obtain warranty service for any Product that is subject to the foregoing warranty, Consumer must notify Wearsafe to obtain a Return Merchandise Authorization (RMA) number by sending an email to [email protected] and returning the defective Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by Wearsafe in connection with the Return Merchandise Authorization (RMA) number. In accordance with applicable law, Wearsafe may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service.
Exclusions and Limitations. This Limited Warranty applies only to the Product manufactured by or for Wearsafe that can be identified by the “Wearsafe” trademark, trade name, or logo affixed to it and does not apply to, and specifically excludes: (a) consumable parts, such as batteries, unless damage has occurred due to a defect in materials or workmanship in the Product(s); (b) normal wear and tear and cosmetic damage, including scratches, dents and broken housing/case; (c) defects or damage caused by misuse, accident (including collision, fire and the spillage of food or liquid), neglect, abuse, alteration, unusual stress, modification, improper or unauthorized repair, installation, improper storage or if the serial number has been removed; (d) damage caused by operating the Product(s) outside the permitted or intended uses described by Wearsafe; (e) damage caused by use with non-Wearsafe products; (f) any non-Wearsafe hardware products or any software, even if packaged or sold with the Product(s); and (g) modifications of the Product(s) firmware or software by anyone other than Wearsafe. No Wearsafe reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
Implied Warranties Disclaimer. EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY, ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-INTERFERENCE, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, ARE HEREBY EXCLUDED TO THE EXTENT ALLOWED BY APPLICABLE LAW AND ARE EXPRESSLY DISCLAIMED BY WEARSAFE. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE LIMITED WARRANTY PERIOD. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, THE ABOVE LIMITATION MAY NOT APPLY. This disclaimer and exclusion shall apply even if the express warranty set forth above fails of its essential purpose.
Limitation of Damages. THE LIABILITY OF WEARSAFE, OR ANY OF ITS SUBSIDIARIES AND AFFILIATES, OR ANY OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, RESELLERS, SUPPLIERS, PARTNERS, AGENTS AND DISTRIBUTORS ARISING FROM THE SALE OF THE PRODUCT OR UNDER THE TERMS OF THIS LIMITED WARRANTY SHALL NOT IN ANY CASE EXCEED THE COST OF REPLACEMENT OF THE PRODUCT AND, IN NO CASE, SHALL WEARSAFE, OR ANY OF ITS SUBSIDIARIES AND AFFILIATES, OR ANY OF THEIR EMPLOYEES, OFFICERS, DIRECTORS, RESELLERS, SUPPLIERS, PARTNERS, AGENTS AND DISTRIBUTORS BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE OR DATA, OR BODILY HARM RESULTING FROM THE FAILURE OF THE PRODUCT OR FOR BREACH OF THIS LIMITED WARRANTY OR ANY OTHER WARRANTY, EXPRESS OR IMPLIED, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF WEARSAFE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE LOSS OR DAMAGE IS CAUSED BY WEARSAFE’S NEGLIGENCE OR FAULT. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Governing Law. This Limited Warranty shall be governed by the laws of the State of Connecticut, USA, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. The parties expressly agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods will not apply.
All disputes arising under or in connection with this Limited Warranty will be finally settled in accordance with and subject to the International Arbitration Rules of the American Arbitration Association by one arbitrator. The language of the arbitration will be English and will be Hartford, Connecticut. Judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction. All materials in the proceedings created for the purpose of the arbitration, all other documents produced by another party in the proceedings not otherwise in the public domain, and all awards in the arbitration will be deemed “confidential information”, except to the extent that disclosure may be required of a party by legal duty to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority. Notwithstanding anything to the contrary above, nothing in this Limited Warranty will prevent either party from seeking provisional measures from any court of competent jurisdiction.