Hydracoach Australia Pty Ltd. (“Hydracoach”) warrants to the original purchaser only that your Hydracoach bottle you purchased (the “Product”) shall be free from defects in materials and workmanship under normal use for a period of sixty (60) days from the date of delivery to the original purchaser (the “Warranty Period”).
If a hardware defect arises and a valid claim is received by Hydracoach within the Warranty Period, Hydracoach will, at its option and to the extent permitted by law, either (1) repair the Product at no charge, using new or refurbished replacement parts, or (2) exchange the Product with a new or refurbished Product. If Hydracoach, in its sole discretion, determines it is not reasonable to replace the defective Product, Hydracoach may refund to you the purchase price paid for the Product. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Warranty is valid only in the jurisdictions where the Products are sold by Hydracoach itself, and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement hardware product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, or for any additional period of time that may be applicable in your jurisdiction.
HOW TO OBTAIN WARRANTY SERVICE
To obtain warranty service, you must obtain a Return Merchandise Authorization (RMA) from our customer service team (email: email@example.com) and deliver the Product, in either its original packaging or packaging providing an equal degree of protection, to the address specified by Hydracoach. You agree to pay the cost of shipping the Product to Hydracoach. By sending the Product, you agree to transfer ownership to Hydracoach. If the claim is justified based on this limited warranty. Any Product returned to Hydracoach without a valid warranty claim or without a RMA document may be rejected, returned at sender’s cost (subject to prepayment) or kept for thirty (30) days for sender’s pick-up and then disposed of in Hydracoach’s sole discretion. In accordance with applicable law, Hydracoach may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service.
EXCLUSIONS AND LIMITATIONS
This warranty does not apply to a Product or part of the Product that has been altered or modified (e.g., to alter functionality or capability) by anyone who is not a representative of Hydracoach or if the Product is inserted or installed in a casing not provided by Hydracoach. In addition, this Limited Warranty does not apply: (a) to damage caused by use with non-Hydracoach products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the Product outside the permitted or intended uses described by Hydracoach in its User Guide; or (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Hydracoach. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty. This warranty is void if a Product is returned with removed, damaged or tampered labels or any alterations (including the unauthorized removal of any component or external cover).
No Hydracoach reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. Some jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state under Australian Consumer Law.
LIMITATION OF DAMAGES
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, HYDRACOACH SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE OR DATA, RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF HYDRACOACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This Limited Warranty shall be governed by the Australian Consumer laws of the ACCC (Australian Competition & Consumer Commission), without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
If you have any questions, please contact Hydracoach at firstname.lastname@example.org
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