THERMA1™ LIMITED WARRANTY,
DISCLAIMER OF WARRANTIES AND LIMITATION OF REMEDIES
The Therma1™ Hot Cold Therapy Roller is manufactured and distributed by R2T2 Laboratories Inc. (“R2T2”). Your purchase and use of the Therma1™ Product is governed by the following terms and provisions, as well as the R2T2 Terms and Conditions, a full copy of which can be found at www.Therma1.com. Your use of the Therma1™ Product constitutes your acceptance of the following terms and provisions and the R2T2 Terms and Conditions. If you do not understand or agree to these terms and provisions, you should not use the Therma1™ product.
1. THERMA1™ LIMITED WARRANTY. If the Therma1™ product proves to be defective in material or workmanship within ninety (90) days of the date of purchase, it will be replaced at no charge to the Customer. This Warranty does not apply to any defect or damage caused in whole or in part by (1) accidents, acts of God, alteration, misuse, tampering or abuse of the product; (2) failure of Customer to follow operating or maintenance instructions; or (3) normal wear and tear. This Warranty extends only to the original consumer purchase and is not transferable. Proof of purchase must be submitted with any product return.
2. THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER’S EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL LOSSES OR DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING R2T2’S NEGLIGENCE OR ANY ALLEGED DEFECT IN R2T2’S PRODUCTS OR SERVICES, SHALL BE REPAIR OR REPLACEMENT OF THE THERMA1™, AS SPECIFIED ABOVE. R2T2 SHALL IN NO EVENT BE LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, DAMAGES FOR PERSONAL INJURY OR DAMAGES TO PROPERTY, AND HOWEVER OCCASIONED, WHETHER ALLEGED AS RESULTING FROM BREACH OF WARRANTY OR CONTRACT, NEGLIGENCE OF R2T2, GROSS NEGLIGENCE, STRICT LIABILITY, VIOLATION OF ANY APPLICABLE CONSUMER PROTECTION LAW, VIOLATION OF STATUTE OR OTHERWISE.
3. IF NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, R2T2 IS FOUND LIABLE FOR LOSS, DAMAGE OR INJURY UNDER ANY LEGAL THEORY DUE TO A FAILURE OF THE THERMA1™ PRODUCT IN ANY RESPECT, ITS LIABILITY SHALL BE LIMITED TO A SUM EQUAL TO THE COST OF THE THERMA1™ PRODUCT AS CUSTOMER’S SOLE REMEDY. IN NO EVENT SHALL R2T2 BE LIABLE TO CUSTOMER OR ANY THIRD PARTIES FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
4. NO SUIT OR ACTION SHALL BE BROUGHT AGAINST R2T2 OR ITS AGENTS, EMPLOYEES, SUBSIDIARIES, AFFILIATES OR PARENTS (BOTH DIRECT AND INDIRECT) MORE THAN ONE YEAR AFTER THE INCIDENT THAT RESULTED IN THE LOSS, INJURY OR DAMAGE OCCURRED.
5. The R2T2 Terms and Conditions include additional provisions that may affect your rights, including additional limitations of liability, dispute resolution procedures and a forum selection provision. The R2T2 Terms and Conditions may be amended or changed from time to time, and your continued use of the Therma1™ product constitutes your acceptance of all such amendments and changes. Customer agrees to periodically visit www.Therma1.com for updated instructions and Terms and Conditions. To the extent there is any conflict between the above terms and provisions and the R2T2 Terms and Conditions, the above terms and provisions shall control. These terms and provisions, along with the R2T2 Terms and Conditions, constitute the sole agreement between you and R2T2. The representations, statements and warranties set forth herein supersede any prior representations, statements or warranties.
To return a product, please go to Returns for more information.
Last updated: 1/27/2015
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