FoodMarble Digestive Health Ltd (“FoodMarble”) warrants to the end user purchaser (“Customer”) that the AIRE device (including any part thereof) and accessories (each, a “Product”) will be free in all material respects from manufacturing defects, under normal and intended use as described in the applicable Product documentation furnished by FoodMarble (“Documentation”), for a period of one (1) year from the original date of shipping of the applicable Product to the Customer from FoodMarble of (“Warranty Period”). If any Product fails to conform to the foregoing warranty and FoodMarble receives a valid written claim within the Warranty Period, FoodMarble will, at FoodMarble's option and expense, (a) use commercially reasonable efforts to repair or replace the defective Product or part with a new or refurbished Product or part, or (b) accept the return of the defective Product and refund to Customer the full purchase price of the defective Product. The foregoing warranty is FoodMarble 's sole obligation and Customer’s sole and exclusive remedy for any defects in the Products. Repair or replacement of a defective Product or part does not extend the original Warranty Period for such Product.
Exclusions and Limitations. This warranty does not apply to: (a) damage resulting from abuse, misuse, accident, or negligence (b) normal wear and tear, (c) defects caused by alterations, modifications, repair and servicing not made or authorized by FoodMarble , (d) damage caused by handling, operating, storing, and using the Product outside the permitted or intended uses described in the Documentation, including but not limited to use in wet conditions, and (e) defects that are not reproducible by FoodMarble.
Instructions to Obtain Warranty Service. In order to receive any remedy under this Limited Warranty, Customer must follow the Return Policy.
Limitation of Liability. IN NO EVENT SHALL FOODMARBLE BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE USE OF OR INABILITY TO USE ANY PRODUCT, EVEN IF FOODMARBLE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FOODMARBLE'S AGGREGATE CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS LIMITED WARRANTY AND THE USE OF, OR INABILITY TO USE, ANY PRODUCT, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL IN NO EVENT EXCEED THE PRICE PAID BY CUSTOMER FOR SUCH PRODUCT.
Consumer Protection. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM COUNTRY TO COUNTRY, AND STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS LIMITED WARRANTY SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.