Backmate, Inc. ("Company") warrants to the original purchaser and user ("Customer") of the Backmate product (the "Product") that the Product will be free from defects in material and workmanship (the “Warranty”) for a period of two (2) years from the original purchase date (“Limited Warranty Period”). This Warranty applies to the Product only. The determination of whether the Product returned to Company satisfies the conditions of this Warranty shall be made by Company in its sole discretion. Company's only obligations under this Warranty, and Customer’s sole remedy for breach of this Warranty, are limited to repair of any part or parts of the Product that prove to be defective during the Limited Warranty Period or, in Company’s sole discretion, replacement of such Product. In addition, Company may, in its sole discretion, provide a refund for a defective Product in lieu of any repair or replacement.
This Warranty does not cover (i) Product accessories such as chargers, modifications, etc., (ii) any services offered to you by Company or any third party in connection with the Product, (iii) blemishes, marring of appearance or general wear and tear. This Warranty is limited to the Customer only and may not be assigned or transferred. This Warranty will be void and of no effect, and Company will have no liability hereunder if: (a) the Product has been subjected to misuse, abuse, negligence, accident, or improper or inadequate maintenance; (b) modifications, repairs, or services are made to the Product by unauthorized or unqualified persons; (c) defects or damage resulting exposure to liquid, moisture, dampness, sand or dirt; or (d) the Product has not been purchased directly from Company.
All Warranty claims must be made by e-mailing firstname.lastname@example.org (and including in the subject line: Warranty Claim). All Products must also be returned to Company with the original or copy of a sales receipt for the returned Product prior to the expiration of the Limited Warranty Period. Incomplete returns will not be accepted.
Company will evaluate your claim (typically within 10-15 business days) to determine, in its sole discretion, whether the returned Product is covered under this Warranty. If Company determines that there is no trouble found with your returned Product or the returned Product is not eligible for warranty service, Company will ship the Product back to you, at Company’s expense. If Company determines that the Product is covered under this Warranty, Company will repair or replace the Product.
This Warranty is for repair or replacement of parts or Products only. Except to that limited extent, Company will not under any circumstances be liable for any loss, cost, damage, or expense of any kind arising from a breach of these warranties or otherwise. Without limiting the foregoing, BACKMATE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF A BREACH OF THIS WARRANTY OR IN CONECTION WITH THE SALE, MAINTENANCE, USE, OPERATION, SERVICING, OR REPAIR OF ANY BACKMATE PRODUCT. IN NO EVENT WILL BACKMATE BE LIABLE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE OF A DEFECTIVE PRODUCT.
THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR BACKMATE PRODUCTS, AND IS IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED. BACKMATE SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR USE OR PURPOSE. NO PERSON OR ENTITY IS AUTHORIZED TO BIND BACKMATE TO ANY OTHER WARRANTY, OBLIGATION, OR LIABILITY FOR ANY BACKMATE PRODUCT. ACCEPTANCE OR USE OF THE BACKMATE PRODUCT FOR WHICH THIS WARRANTY IS ISSUED WILL CONSTITUTE ACCEPTANCE OF THE TERMS HEREOF.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES, OR OF ANY EXPRESS OR IMPLIED WARRANTIES, IN SUCH JURISDICTIONS BACKMATE'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITED WARRANTY PROVIDED BY BACKMATE GIVES CUSTOMERS SPECIFIC LEGAL RIGHTS, AND CUSTOMERS MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. The disclaimers of liability included in this Limited Warranty shall remain in effect and shall continue to be enforceable in the event that any remedy herein shall fail of its essential purpose.
This Warranty shall be governed by the laws of the State of Delaware. Customer and Company agree that all disputes between the parties in connection with or arising out of the existence, validity, construction or performance of this Warranty which the parties are unable to amicably resolve between themselves within thirty (30) days, shall be referred to arbitration in Delaware in accordance with the rules of the American Arbitration Association by one arbitrator appointed in accordance with such rules.
For any inquiries that have not been resolved by visiting Company's website at https://mybackmate.com, please write to email@example.com.