LOFTIE LIMITED WARRANTY
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE. THE LIMITED WARRANTY CAN ALSO BE FOUND ONLINE AT BYLOFTIE.COM/WARRANTY.
WHO MAY USE THIS WARRANTY?
Loftie, Inc. (“Loftie,” “we,” “us” or “our”) extends this limited warranty only to the consumer who originally purchased the Product (as defined below) from Loftie or an authorized reseller and who is located in the United States or Canada (“you”). It does not extend to any subsequent owner or other transferee of the Product. Please retain a copy of your receipt as proof of purchase. This limited warranty is not transferable.
WHAT DOES THIS WARRANTY COVER?
This limited warranty covers defects in materials and workmanship of the Loftie alarm clock (the “Product”) for the Warranty Period as defined below, provided that you use Loftie normally for its intended purpose during that time.
Our only responsibility and your sole remedy under this limited warranty will be, at our option, to repair or provide a replacement Product, or refund you the purchase price of the Product, subject to your compliance with the terms of this limited warranty. This limited warranty applies, to the extent permitted by law, to any repair, replacement part or replacement Product for the remainder of the original Warranty Period or for ninety days, whichever period is longer.
WHAT DOES THIS WARRANTY NOT COVER?
This limited warranty does not cover: (a) any damage due to transportation or storage; (b) damage due to improper use, including negligence, improper installation or physical abuse; (c) damage caused by commercial use; (c) damage caused by modifications; (e) damage caused by unauthorized repair; (f) normal wear and tear; (g) damage caused by external causes such as accidents or other actions or events beyond our reasonable control; (h) any Product that is sold by unauthorized resellers; or (e) problems that result from your failure to implement all bug fixes or error corrections to the Product that are made available by Loftie.
WHAT IS THE PERIOD OF COVERAGE?
This limited warranty starts on the date of your purchase of the Product from Loftie or an authorized reseller and lasts for one (1) year (the “Warranty Period”). The Warranty Period is not extended if we repair or replace the Product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
WHAT ARE YOUR RESPONSIBILITIES AND REMEDIES UNDER THIS WARRANTY?
If your Product is defective and in order to take advantage of this limited warranty, you must contact us at firstname.lastname@example.org to return your Product to Loftie. The Product must be returned in either its original packaging or equally protective packaging to the address we provide. You must provide us with proof of the original date of purchase. We will also pay for shipping and handling fees to return the repaired or replacement Product to you.
LIMITATION OF LIABILITY
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, LOFTIE IS PROVIDED “AS IS” AND THIS LIMITED WARRANTY IS EXCLUSIVE AND REPLACES ALL OTHER REMEDIES, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST HIDDEN OR LATENT DEFECTS. LOFTIE DOES NOT WARRANT THAT THE PRODUCT WILL OPERATE WITHOUT INTERRUPTION OR WILL BE ERROR-FREE OR THAT ALL ERRORS OR DEFECTS CAN BE CORRECTED OR THAT ANY FEATURE OR FUNCTIONS OF THE PRODUCT WILL MEET YOUR REQUIREMENTS, CONTINUE TO BE MADE AVAILABLE OR BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE, APPLICATIONS OR SERVICES. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID FOR THE LOFTIE GIVING RISE TO SUCH LIABILITY, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT ARISING OUT OF OR RELATED TO THE PRODUCT OR ITS USE BY YOU OR ANY THIRD PARTY, UNDER ANY LEGALTHEORY. THIS LIMITATION WILL APPLY EVEN IF WE HAVE BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SOME STATES DO NOT ALLOW OR LIMIT THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
WHAT CAN YOU DO IN CASE OF A DISPUTE WITH US?
In the event a dispute arises between you and Loftie arising out of this limited warranty, such dispute will be determined and settled by binding arbitration between the parties, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and its supplementary procedures for consumer-related disputes and conducted by a single arbitrator appointed by the AAA. More information about the AAA is located at www.adr.org, or you can call the AAA at 1-800-778-7879.
You must seek arbitration for disputes arising out of this Limited Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act. Arbitration will take place in New York, New York.
The arbitration will not be combined with any other proceeding or arbitration against one of the parties. All arbitration proceedings will be closed to the public and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The decision and the arbitrator’s award will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator’s award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.
This limited warranty will be governed by the laws of the State of New York.