Misty II Limited Warranty
Effective March 1st, 2020
THIS LIMITED WARRANTY CONTAINS IMPORTANT INFORMATION ABOUT THE RIGHTS AND OBLIGATIONS OF PURCHASERS OF THE MISTY II.
This Misty II Limited Warranty describes the limited warranty and return policy offered by Misty Robotics, Inc., 5305 Spine Rd., Unit E, Boulder, CO 80301 (“Misty Robotics”) for its Misty II Robot in each of its configurations (Misty II Basic, Misty II Standard and Misty II Enhanced) (the “Product”).
2. WHAT THIS LIMITED WARRANTY COVERS; PERIOD OF COVERAGE
Misty Robotics warrants to the original purchaser (“Purchaser”) of a Product that: (a) the Product, except for the motors, will be free from defects in materials and workmanship for a period of one (1) year from the date of purchase following the original retail purchase (the “Product Warranty Period”) and (b) the motors included in the Product will be free from defects in materials and workmanship for a period of one hundred and eighty (180) days or one hundred fifty (150) hours of operation, whichever comes first (the “Motor Warranty Period”). The Product Warranty Period and Motor Warranty Period are both referred to generally as the “Warranty Period”. If the Product, except for the motors, fails to conform to this Limited Warranty during the Product Warranty Period, Misty Robotics will, at the Purchaser’s option, either (i) repair or replace the defective Product or component, as applicable; or (ii) accept the return of the Product and refund the money actually paid by Purchaser for the Product. If the motors fail to conform to this Limited Warranty within the Motor Warranty Period, Misty Robotics will, at its option, repair or replace the defective motor(s). Repair or replacement may be made with a new or refurbished product or components, at Misty Robotics’ sole discretion. If the Product or a component incorporated within the Product is no longer available, Misty Robotics may, at Misty Robotics’ sole discretion, replace the Product with a similar product or component of similar function. This is the Purchaser’s sole and exclusive remedy for breach of this Limited Warranty. Any Product that has either been repaired or replaced under this Limited Warranty will be covered by the terms of this Limited Warranty for the longer of (a) sixty (60) days from the date of delivery of the repaired Product or replacement Product or one hundred (100) hours of operation for replaced or repaired motors, or (b) the remaining applicable Warranty Period. This Limited Warranty is not transferable from the Purchaser.
3. TOTAL SATISFACTION RETURN POLICY
In addition to the Limited Warranted provided herein, if a Purchaser is not satisfied with this Product for any reason, the Purchaser may return it in its original condition, ordinary wear and tear excepted, within sixty (60) days of the original purchase and receive a partial refund of 85% of the purchase price where 15% is a restocking fee (“Total Satisfaction Return Policy”).
4. WARRANTY CONDITIONS; HOW TO GET SERVICE IF YOU WANT TO CLAIM UNDER THIS LIMITED WARRANTY; HOW TO PROCESS A RETURN
To request a repair or replacement under this Limited Warranty, or to request a return, the Purchaser should contact Misty Robotics at (720) 370-4912 (phone), or www.mistyrobotics.com (web), or [email protected] (email), or 5305 Spine Rd., Unit E, Boulder, CO 80301 Attn: Customer Service (mail) and obtain instructions for returning a Product for repair, replacement, or pursuant to Misty Robotics’ Total Satisfaction Return Policy. Purchaser may be required to provide proof of purchase. Misty Robotics will have no warranty or return obligations with respect to a returned Product if it determines, in its reasonable discretion after examination of the returned Product, that the Product is an Ineligible Product (defined below), in which case Misty Robotics will notify Purchaser and return the Product to Purchaser. Misty Robotics will bear all costs of return shipping to owner and will reimburse any shipping costs incurred by the owner, except with respect to any Ineligible Product, for which owner will bear all shipping costs.
5. ADVANCED REPLACEMENT
In certain cases, Misty Robotics may offer Purchaser an “Advanced Replacement” option for an additional fee, whereby Misty Robotics will provide Purchaser a replacement Product in advance of receiving Purchaser’s Product that is subject to a claim under this Limited Warranty. If Purchaser chooses to use Advanced Replacement, Purchaser will be required to return the original Product within thirty (30) days to avoid being charged for the replacement Product. A credit card deposit and validation is required.
6. WHAT THIS LIMITED WARRANTY DOES NOT COVER
This Limited Warranty does not cover the following (collectively “Ineligible Products”): Products that Misty Robotics reasonably determines are free from defects in materials and workmanship during the applicable Warranty Period or Products that have been subject to: (a) modifications, alterations, tampering, or improper maintenance or repairs; (b) handling, storage, installation, testing, or use not in accordance with the instructions provided by Misty Robotics; (c) abuse or misuse of the Product; (d) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; or (e) Acts of God, including but not limited to lightning, flood, tornado, earthquake, or hurricane. Except as specifically identified herein, this Limited Warranty does not cover software (even if packaged or sold with the Product) or consumable parts, including batteries, unless damage to such consumable parts is due to defects in materials or workmanship of the Product. Misty Robotics recommends that you use only authorized service providers for maintenance or repair. Unauthorized use of the Product or software can impair the Product’s performance and may invalidate this Limited Warranty.
7. DISCLAIMER OF WARRANTIES
EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MISTY ROBOTICS DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE PRODUCT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MISTY ROBOTICS ALSO LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY.
8. LIMITATION OF DAMAGES
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL MISTY ROBOTICS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE PRODUCT, WHETHER OR NOT FORESEEABLE AND WHETHER OR NOT MISTY ROBOTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MISTY ROBOTICS’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY OR THE PRODUCT WILL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR THE PRODUCT BY THE ORIGINAL PURCHASER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO THE PURCHASER.
9. YOUR RIGHTS AND THIS LIMITED WARRANTY
This Limited Warranty gives Purchaser specific legal rights. Purchaser may also have other legal rights that vary by state, province, or jurisdiction. Likewise, some of the limitations in this Limited Warranty may not apply in certain states. The terms of this Limited Warranty will apply to the extent permitted by applicable law. For a full description of your legal rights Purchaser should refer to the laws applicable in Purchaser’s jurisdiction and Purchaser may wish to contact a relevant consumer advisory service.