OPSEAT, LLC LIMITED CONSUMER WARRANTY
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
THIS LIMITED WARRANTY CAN ALSO BE FOUND AT OPSEAT.COM/LIMITED-WARRANTY.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCTS (OTHER THAN THOSE PRODUCTS IDENTIFIED ON THE SITE AS NON-RETURNABLE) WILL BE FREE FROM MATERIAL DEFECTS IN MATERIALS AND WORKMANSHIP UNDER ORDINARY CONSUMER USE DURING THE WARRANTY PERIOD (AS DEFINED BELOW), SUBJECT TO THE LIMITATIONS SET FORTH HEREINBELOW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. WE DISCLAIM ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. INSOFAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, WE LIMIT THE DURATION OF AND REMEDIES FOR SUCH WARRANTIES TO THE WARRANTY PERIOD AND, AT OUR OPTION, THE REMEDIES DESCRIBED BELOW.
NEITHER ANY PERFORMANCE OR OTHER CONDUCT, NOR ANY ORAL OR WRITTEN INFORMATION, STATEMENT OR ADVICE PROVIDED BY US OR BY ANY OF OUR REPRESENTATIVES, AGENTS OR EMPLOYEES WILL CREATE A WARRANTY, OR IN ANY WAY INCREASE THE SCOPE, REMEDIES OR DURATION OF THIS LIMITED WARRANTY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, THIS LIMITED WARRANTY SHALL NOT APPLY TO PRODUCTS DESIGNATED ON THE SITE AS NON-RETURNABLE. SUCH NON-RETURNABLE PRODUCTS ARE PROVIDED “AS IS,” WITH ALL FAULTS AND WITHOUT ANY WARRANTY WHATSOEVER INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES FOR “AS IS” PRODUCTS SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
WHO MAY USE THIS WARRANTY?
OPSEAT, LLC (“we”) extends this limited warranty only to the original purchasers of the product from opseat.com (the “Site”). This limited warranty does not extend to any subsequent or other owner or transferee of the product. Furthermore, this limited warranty does not apply to products used for rental, business, commercial, institutional, or other non-residential uses, any of which are understood to be purchases of the products as-is, where-is and with no warranty of any kind.
WHAT DOES THIS WARRANTY COVER?
This limited warranty covers against material defects in materials and workmanship in products purchased from the Site (other than products designated as non-returnable on the Site), where and subjected to ordinary consumer use during the Warranty Period (as defined below). Notwithstanding anything to the contrary herein, all products designated as non-returnable are provided “AS IS” and with all faults.
WHAT DOES THIS WARRANTY NOT COVER?
This limited warranty does not cover:
(a.i) Damage or defects caused or contributed to by alterations, modifications, improper storage, unauthorized repair, misuse, abuse, accidents, fire, transportation, impact, acts of God, or other actions or events beyond our reasonable control.
(a.ii) Damages caused by contact with tables, desks or other materials, equipment or surfaces;
(a.iii) Damages, discoloration, corrosion or other defects due to or caused by household humidity, artificial lighting, heat, liquid contact (including, without limitation, water and alcohol), or outdoor use;
(a.iv) Damages or defects resulting from excessive soiling or improper or unapproved cleaning methods;
(a.v) Normal wear and tear;
(a.vi) Cosmetic damage, including, without limitation, scratches, dents, heat marks, water marks, imprints, gouges, or stains;
(a.vii) Wrinkling, tearing, peeling or shrinkage of fabrics or settling of cushions or filling;
(a.viii) Dye transfers from fabrics;
(a.ix) Damages or defects resulting from failure to follow the product instructions or to perform any preventive maintenance; or
(a.x) Damages identified as carrier related.
Furthermore, this limited warranty does not cover damages or defects caused by use of chemical treatments or protective coatings on the products by anyone other than us, and such chemical treatments or protective coatings voids all warranties of OPSEAT, LLC.
WHAT IS THE PERIOD OF COVERAGE?
This limited warranty starts on the date of your purchase and lasts for two (2) years (the “Warranty Period“). The Warranty Period is not extended if we repair or replace a warranted product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
WHAT ARE YOUR REMEDIES UNDER THIS WARRANTY?
With respect to any products failing to conform to this limited warranty during the Warranty Period, we will, in our sole discretion, either: (i) repair or replace such products (or the defective part) free of charge or (ii) refund the purchase price of such products. We will also pay for shipping and handling fees to return the repaired or replacement product to you if we elect to repair or replace the defective products.
HOW DO YOU OBTAIN WARRANTY SERVICE?
To obtain warranty service, you must e-mail our Customer Service Department at [email protected] during the Warranty Period to obtain a Return Merchandise Authorization (“RMA“) number. No warranty service will be provided without a RMA number.
LIMITATION OF LIABILITY
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE OBLIGATION AND LIABILITY FOR ANY BREACH OF WARRANTY. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR LIABILITY FOR BREACH OF WARRANTY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT THAT YOU HAVE PURCHASED THROUGH THE SITE, NOR WILL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY LOSS OF PRODUCTION, WORK, DATA, USE, BUSINESS, GOODWILL, REPUTATION, REVENUE OR PROFIT, ANY DIMINUTION IN VALUE, COSTS OF REPLACEMENT GOODS OR SERVICES, OR ANY CONSEQUENTIAL, INCIDENTAL, DELAY, LIQUIDATED, RELIANCE, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
If any provision of this limited warranty is determined to be to any extent invalid, illegal, or unenforceable, it will be deemed stricken from this limited warranty. All other provisions of this limited warranty will remain in full force and effect. The stricken provision will then be deemed replaced with one that is valid and enforceable and that comes closest to expressing the parties’ original intent.