LAST UPDATED: May 2, 2017.
PLEASE READ CAREFULLY. THIS LIMITED WARRANTY CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
1. WHAT IS COVERED
Subject to the conditions, terms, and limitations set forth below, Pedal Logic, LP dba SmartPedal (“SmartPedal,” “we," or “us”) warrants to the original end-user purchaser (“you”) of the SmartPedal-branded hardware components, including any exchanged or repaired SmartPedal-branded hardware components (individually and collectively, the “Hardware”) will be free in all material respects of defects in materials and workmanship during the Warranty Period set forth below (“Limited Warranty”).
2. WHAT WE WILL DO
At our option, we will either repair or exchange any part of the Hardware. You will not be charged for labor or parts. The repaired or exchanged Hardware will be shipped to you at no charge within the continental United States; however, you will be responsible for the cost of the return shipping of the defective Hardware.
Repaired or replacement Hardware will be provided by us on an exchange basis, and will be either new or refurbished to be functionally equivalent to new and either the same or at least functionally-equivalent models. Alternately, at our sole discretion we may refund to you the purchase price you paid to us or our authorized reseller for the original Hardware.
All Hardware, including repaired and exchanged Hardware, is covered only for the original Warranty Period and any extension, if purchased. When the Limited Warranty on the original Hardware expires, the Limited Warranty on the exchanged or repaired Hardware also expires.
3. WHO IS COVERED:
Only the original end-user purchaser is covered; that is to say, the person or legal entity that first purchased the Hardware from us or our authorized reseller. The Limited Warranty is not transferable or assignable. You must provide proof of purchase to receive warranty service. A sales receipt is considered proof of purchase. Also, please keep the original box and packing material in case you need to return your Hardware.
4. WHAT IS THE DURATION OF COVERAGE:
The Limited Warranty extends for one (1) year commencing on the date you purchased the Hardware from us or our authorized reseller or, if purchased online at https://smartpedal.com (our “Site”), five (5) business days after the date printed on the shipping receipt. At the time of purchase of the Hardware by you, we may have offered at additional cost, and you may have purchased, an extended limited warranty. In general, our extended limited warranties extend for three (3) years commencing from the date your purchase.
5. WHAT IS NOT COVERED BY THE LIMITED WARRANTY:
The following are not covered by the Limited Warranty:
- Hardware where the serial number, date tags, or manufacturer codes have been defaced or removed; hardware marked as “sample” or sold “AS IS”; hardware damaged by normal wear and tear, accident, abuse, misuse, acts or war, or natural or personal disaster; hardware that has not been handled, stored, installed, tested, maintained, or operated in accordance with the applicable documentation furnished by Us; hardware damaged by being opened, disassembled, repaired, or modified by anyone other than our authorized representative of SmartPedal; hardware modified, permanently altered, and/or otherwise made unfit for the “exchange pool.” (For example, damage to the plastic housing or attempts to rework Hardware at the component level.)
- Product components other than Hardware including, but not limited to, software embedded in the Hardware. (Please refer to the Terms and Conditions of Sale and End-User Licensing Agreement for details of your rights with respect to use of the software.
- Non-SmartPedal-branded products or services, even if packaged and sold with Hardware.
6. BEFORE REQUESTING WARRANTY SERVICE:
Please check for a solution in the Troubleshooting section of our Site before contacting Customer Support.
7. HOW TO OBTAIN WARRANTY SERVICE:
If you believe you need service for your Hardware, please contact us. One of our representatives will go through a diagnostic checklist with you. If it is determined that the Hardware needs to be exchanged, you will receive a Return Authorization (“RA”) number and shipping details.
8. HOW TO OBTAIN OUT-OF-WARRANTY SERVICE:
Please contact our support department to obtain the cost of an out-of-warranty exchange for your Hardware.
9. WARRANTY DISCLAIMER:
EXCEPT TO THE EXTENT SET FORTH IN THIS LIMITED WARRANTY AND AS PERMITTED BY LAW, WE PROVIDE THE HARDWARE AND THE SOFTWARE, IF ANY, EMBEDDED ON, AND LICENSED WITH, THAT HARDWARE (INDIVIDUALLY AND COLLECTIVELY, THE “GOODS”) ON AN “AS IS” BASIS, AND DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE GOODS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT OF THIRD-PARTY RIGHTS, QUIET ENJOYMENT, AND ACCURACY. WE DO NOT WARRANT THAT OPERATION OF THE GOODS WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT THE GOODS WILL IN EVERY CASE PROCESS ALL DATA CORRECTLY. NO REVISION IN LIMITED WARRANTIES WILL AFFECT GOODS ALREADY ORDERED BY YOU.
IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, TO THE EXTENT PERMITTED BY LAW WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES FOR THE GOODS TO THE DURATION OF ITS EXPRESS LIMITED WARRANTY AND, AT OUR OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED THEREIN.
WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, WE DO NOT REPRESENT OR WARRANT THAT USE OF THE GOODS WILL DECREASE THE ENERGY CONSUMPTION OF YOUR VEHICLE. YOU ARE SOLELY RESPONSIBLE FOR THE COST OF ENERGY CONSUMED. YOU USE THE GOODS AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND WE DISCLAIM) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR PERSON, YOUR VEHICLE OR OTHER PERSONS OR PROPERTY, RESULTING FROM USE OF THE GOODS.
10. LIMITATION OF LIABILITY:
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL: (A) SMARTPEDAL, ITS PARTNERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AFFILIATES, PARENTS, SUCCESSORS, ASSIGNS AND RESELLERS (COLLECTIVELY, “SMARTPEDAL PARTIES”) BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR PERSONAL INJURY OR LOST DATA, PROFITS, EQUIPMENT OR PROPERTY, ARISING FROM OR RELATING TO THE GOODS, EVEN IF WE OR THE SMARTPEDAL PARTIES KNEW OF, SHOULD HAVE KNOWN OF, OR WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) THE TOTAL CUMULATIVE LIABILITY OF THE SMARTPEDAL PARTIES ARISING FROM OR RELATED TO THE GOODS, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE FEES, IF ANY, ACTUALLY PAID BY YOU TO US OR SMARTPEDAL’S AUTHORIZED RESELLER FOR THE GOODS AT ISSUE IN THE PRIOR TWELVE (12) MONTHS. THIS LIMITATION APPLIES NO MATTER HOW MANY GOODS YOU OWN, AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED.
11. HOW CONSUMER LAW RELATES TO THIS LIMITED WARRANTY:
SOME COUNTRIES, STATES, AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS AND/OR EXCLUSIONS DESCRIBED ABOVE MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE, COUNTRY TO COUNTRY, OR JURISDICTION TO JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.