Who Does This Warranty Cover?
This limited warranty (the “Warranty”) is issued by BackAware, Inc. (“BackAware”, “we”, or “us”) to you, a consumer who purchased a new BackAware trainer or new BackAware-branded accessories directly from us. The Warranty covers only you, the original product purchaser, and does not extend to any territories or countries outside the United States. The Warranty cannot be assigned or transferred to any subsequent purchaser or user and is not available to products that were purchased from any source other than BackAware.
What Does This Warranty Cover?
This Warranty covers defects in the product you purchased from an authorized BackAware retailer in the United States or EU (the “Product”). BackAware warrants that the Product is free from defects in materials and workmanship and will, under normal and intended use, function substantially in accordance with our Product documentation and technical specifications. Proof of Product purchase is required as a condition to coverage under this Warranty, and the Product requires an online connection to ensure full functionality.
What Is Not Covered by the Warranty?
Regardless of the above, the Warranty does not cover the following:
- Commercial use of the Product.
- Software and software functionality.
- Damage or loss of access as a result of BackAware’s termination or suspension of your account.
- Data loss and any costs associated with data recovery.
- Normal wear and tear.
- Defects or malfunctions experienced during or caused by use not in conformity with Product documentation and technical specifications.
- Damage caused by misuse, accident, neglect, abuse, alteration, improper or unauthorized modification, or tampering.
- Damage to your property, home, walls, or floors that may result from installation or removal of the Product.
- Product that has been resold.
- Damage caused by improper or incorrectly performed maintenance or repair.
- Damage caused by improper installation, relocation, or uninstallation.
- Product or Product parts returned without a Return Material Authorization (RMA) number.
What Is the Warranty Period?
The Warranty period is as follows, beginning from the date of purchase or delivery of the Product, whichever is later:
1 year coverage for parts and labour
2 additional years coverage for parts only
|1 year coverage
|Remainder of the original warranty period, or 45 days, whichever is longer
How Do You Submit a Claim?
Contact BackAware at firstname.lastname@example.org to report any Product issues and open a claim under the Warranty. Our team will reach out to you to attempt to help resolve your issue. If the issue cannot be addressed remotely, BackAware may dispatch a technician to further investigate and troubleshoot.
If your Product has a defect or malfunction covered by this Warranty, BackAware will repair, replace, or refund the Product at the sole discretion of BackAware. If BackAware determines that a Product should be replaced, the replacement may be a new or a re-manufactured Product. BackAware may not return the original Product to you, nor can BackAware guarantee replacement or repair of the Product without risk to or loss of data stored on your original Product.
Do not return any Product to BackAware without first receiving a Return Material Authorization (RMA) number and instructions for how to proceed. BackAware may require you to furnish proof of purchase and/or comply with other requirements before receiving Warranty service.
What Law Governs the Warranty?
The laws of the State of California, USA, govern this Warranty, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
Any implied warranties, including the implied warranty of merchantability and the implied warranty of fitness for a particular purpose, shall be limited in duration to the period of this Warranty. This Warranty does not extend any implied or statutory warranties, conditions, or representations regarding the Product or any connected software or services. BackAware does not assume any liability for any special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, including but not limited to loss of profits or revenues, loss of data, loss of use of the Product, cost of replacement or substitute items, or loss of use during the period that the Product is being replaced or repaired. Further, BackAware shall not be liable to you for any special, consequential, incidental, indirect, or punitive damages of any kind whatsoever, even if BackAware has been advised as to the possibility of such damages, for any claim arising from or related to this Warranty statement, regardless of the form of action, whether in contract, tort (including negligence), product liability, lost revenue, lost profit, lost data, or privacy, or any other cause of action or legal or equitable theory.
In no event shall BackAware’s liability for any claim arising out of or related to this Warranty exceed the price paid by you for purchase of the Product, regardless of the form of action, whether in contract, tort (including negligence), product liability, lost revenue, lost profit, lost data, or privacy, or any other cause of action or legal or equitable theory.
Some states do not allow limitation of implied warranty, so the limitations in this Warranty 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 and country to country. This Warranty does not affect any rights you have under the laws in your jurisdiction concerning the sale of consumer goods (including, without limitation, national laws implementing EC Directive 44/99/EC).
If you have questions, or to begin the service process, please contact us at email@example.com.