THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
THE LIMITED WARRANTY CAN ALSO BE FOUND ONLINE AT WWW.NEOMETAL.COM/WARRANTY AND/OR IN THE DOCUMENTATION WE PROVIDE WITH THE PRODUCT.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCT WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR DEFECTIVE GOODS IS LIMITED TO REPAIR, REPLACEMENT OR REFUND AS DESCRIBED BELOW IN THIS WARRANTY STATEMENT.
A. WHO MAY USE THIS WARRANTY?
NeoMetal, Inc., with a mailing address of 2916 NW Bucklin Hill Road., Suite 283, Silverdale, WA 98313 (“NeoMetal”), extends this limited warranty only to the original consumer-purchaser of the Product (“you”). It does not extend to any subsequent owner or other transferee of the Product (as defined below).
B. WHAT DOES THIS WARRANTY COVER?
This limited warranty covers defects in materials and workmanship of NeoMetal’s body jewelry (the “Product”) for the Warranty Period (as defined below).
C. WHAT DOES THIS WARRANTY NOT COVER?
This limited warranty does not cover any damage due to:
(c) improper use;
(d) exposure to solvents or chemicals;
(e) failure to follow product instructions or to perform any preventive maintenance;
(g) unauthorized repair;
(h) normal wear and tear; or
(i) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
D. WHAT IS THE PERIOD OF COVERAGE?
This limited warranty starts on the date of your purchase and lasts for as long as you own the Product (the “Warranty Period”). The Warranty Period is not extended if NeoMetal replaces the Product. NeoMetal may change the availability of this limited warranty at its discretion, but any changes will not be retroactive. This limited warranty is non-transferable, and any sale, transfer, or disposal of the Product by you will void this warranty; this limited warranty only extends to the original consumer-purchaser.
E. HOW DO YOU OBTAIN WARRANTY SERVICE?
To obtain warranty service, you must return the defective Product to the independent retailer that sold you the Product (the “Independent Retailer”) during the Warranty Period and provide proof of purchase, including a copy of the original receipt. NeoMetal does not accept returns of defective Products to its warehouse and does not assume any responsibility for such returns. Do not contact NeoMetal with a warranty claim.
F. WHAT ARE YOUR REMEDIES UNDER THIS WARRANTY?
If NeoMetal determines that a defective Product properly returned during the Warranty Period is covered under this limited warranty, NeoMetal will, in its sole discretion, either: (a) replace the Product (or the defective part) free of charge by delivery of the replaced product (or part) to the Independent Retailer; or (b) request that the Independent Retailer refund the purchase price of such Product and provide an appropriate credit to the Independent Retailer. NeoMetal will also pay for shipping and handling fees to return the replacement Product to the Independent Retailer if it elects to replace the defective Product.
G. LIMITATION OF LIABILITY
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND NEOMETAL’S ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. NEOMETAL’S LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL NEOMETAL UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, 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.
H. APPLICABLE LAW
This limited warranty shall be construed and enforced in accordance with the laws of the State of Washington, USA, without regard to such state’s laws related to conflict of laws.