Product Labs, Inc. (“Product Labs”) provides the following 1 Year Limited Warranty upon the terms and conditions set forth herein.
1. LIMITED WARRANTY
Product Labs, Inc. warrants that subject to the limitations herein, products are free from manufacturing defect and will perform as intended for a period of one (1) year from the Limited Warranty Commencement Date.
The Limited Warranty Commencement Date runs from the date of purchase and not from the date of installation.
If any products are repaired or replaced under this Limited Warranty, then the ongoing warranty coverage will continue from the Limited Warranty Commencement Date and not from the date of repair or replacement.
2. TRANSFERABILITY OF WARRANTY
This Limited Warranty is not transferrable.
3. APPLICABLE LAW AND ARBITRATION
The Limited Warranty shall be governed by the laws of New York. The parties agree that any dispute, claim or controversy of any kind arising under or relating in any way to this Limited Warranty shall be subject to mandatory arbitration in New York before a JAMS affiliated arbitrator mutually agreed upon by the parties. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction.
4. CONDITIONS OF VALIDITY FOR THIS LIMITED WARRANTY
To qualify for this Limited Warranty, Customer is responsible for ensuring that the Customer instructions with regard to cleaning, maintenance and use of the product have been strictly observed and followed.
This LIMITED Warranty shall become void if payment of the full price of the PRODUCT is not made to PRODUCT LABS or PRODUCT LABS’ appropriate distributor OR RETAILER.
5. WHAT IS NOT COVERED
This Limited Warranty does not cover and specifically excludes breaches of the warranted elements caused by or due to factors and conditions beyond normal use, including events beyond the control of Product Labs, including without limitation, any of the following:
Negligence, gross negligence, or willful misconduct of the Customer or any third party. Severe weather, acts of God, or other force majeure events, including but not limited to hurricanes, floods, tornadoes, lightning, earthquake, fire, or explosion. Vandalism or attack by any third party, acts of war or acts of terrorism. Physical damage to the products or changes in appearance caused by individuals, DIY installation, tools, foreign objects, environmental contaminants or other outside agents, whether voluntarily or not.
6. MAKING A CLAIM
In the event of a claim under this Limited Warranty, Customer must provide written notice to PRODUCT LABS that includes a detailed description of the claimed failure and the basis for the claim within thirty (30) days of the discovery of the claimed defect. Customer must provide PRODUCT LABS THE ABILITY no less than sixty (60) days after receipt of notice to inspect the relevant installed PRODUCT prior to any remedial work taking place.
7. DELIVERY OF NOTICES
All notices from Customer to Product Labs hereunder must be in writing and delivered to Product Labs by (a) email to email@example.com or (b) nationally or internationally recognized courier service or postal service, return receipt requested, to: 150 West 22nd Street, New York, NY, 10011. Such notices will be deemed effective when received or, in the case of email notices, when Product Labs acknowledges having received the email. For any questions around Product Labs’ returns process and policy, please contact firstname.lastname@example.org.
8. REMEDIES AND LIMITATIONS
THIS LIMITED WARRANTY IS CUSTOMER’S SOLE REMEDY AND PRODUCT LABS’ SOLE OBLIGATION WITH RESPECT TO THE PRODUCT.
9. LIMITATIONS ON WARRANTY; LIMITATION OF LIABILITY
THIS LIMITED WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES WHETHER WRITTEN, ORAL, EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PRODUCT LABS DISCLAIMS ALL IMPLIED WARRANTIES EXCEPT WHERE PROHIBITED BY LAW.
PRODUCT LABS SHALL NOT BE LIABLE EITHER IN CONTRACT OR TORT FOR INDIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL DAMAGES OR LOST REVENUE, LOST PROFITS OR LOSS OF USE UNDER ANY THEORY OF LAW.
PRODUCT LABS’ liability under this Limited Warranty shall, notwithstanding any other provision herein, be expressly limited to the lesser of Customer’s purchase price of the Products or $100.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from State to State.