Bluesmart Limited Warranty and Return Policy
Bluesmart’s warranty obligations for this product are limited to the terms set forth below:
BLUESMART WARRANTY - GENERAL TERMS
Bluesmart guarantees to you, the original purchaser, that the products which you have purchased directly from Bluesmart, through Bluesmart’s Indiegogo campaign, or from a Bluesmart authorized dealer (the "Product(s)"), are in conformance with the applicable Bluesmart specifications current at the time of manufacture for a period of time from the date of purchase of the Product(s) (the “Warranty Term”).
The Warranty Term starts at the time the Product(s) is first received by the first end-user. The Product may consist of several different parts and each different part may be covered by a different Warranty Term.
Bluesmart warrants this Product against any defects in materials and workmanship under normal use for a period of TWO (2) YEARS from the date of retail purchase by the original end-user purchaser (the “Comprehensive Warranty Period”).
Further, Bluesmart warrants this Product against defects in the material and workmanship of any non-electronic components of the Product (as defined below) under normal use for a period of TWO (2) YEARS from the date of retail purchase by the original end-user purchaser (the “Material and Workmanship Warranty Period”).
For the purposes of the Material and Workmanship Warranty Period, non-electronic components shall include the Product’s wheels, handles, zippers, latches and other similar components.
During these Warranty Periods, if a covered defect arises, and you follow the instructions for returning the Product, we will, at our option, either (i) repair the Product at no charge using either new or refurbished parts, (ii) replace the Product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original Product. If your return authorization is approved, Bluesmart will provide you a shipping label for the purpose of returning the Bluesmart product, provided your shipping address is located within the Continental United States (excluding Alaska, Hawaii and U.S. Territories and Outlying Areas). If you are located outside of the Continental United States, you are responsible for returning the Product to Bluesmart, as well as any associated costs.
No Bluesmart reseller, agent, or employee is authorized to make any modification, extension, or addition to this 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.
A replacement product assumes the remaining warranty of the original Product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you.
When a Product is exchanged, any replacement item becomes your property and the replaced item becomes Bluesmart's property. When a refund is given, the Product for which the refund is provided must be returned to Bluesmart and becomes Bluesmart's property.
EXCLUSIONS AND LIMITATIONS
This warranty applies only to genuine Bluesmart Products manufactured by or for Bluesmart. Bluesmart will determine, at its sole discretion, whether a product is a genuine Bluesmart Product. Any genuine Bluesmart Product in which the Bluesmart logo or any other identifying information, such as a serial or product ID number, has been removed, altered or defaced, is not covered under this warranty. Bluesmart’s responsibility for defects is limited to repair or replacement service as determined by Bluesmart in its sole discretion.
The Comprehensive Warranty Period and the Material and Workmanship Warranty Period (collectively, the “Warranty Period(s)”) shall only apply to Products that are damaged due to normal use, or are otherwise defective in materials or workmanship, including any structural defects (such as defective handles, zippers, or locks) or electronic defects (such as defective software or batteries) as applicable for the relevant Warranty Period. Bluesmart does not warrant that the operation of the Product will be uninterrupted or error-free. Bluesmart is not responsible for damage arising from failure to follow instructions relating to the Product’s use. This warranty does not apply to: (a) damage caused by use with unapproved non-Bluesmart products; (b) damage caused by accident, abuse, neglect, misuse (such as transportation of unusual items), abrasion, flood, fire, earthquake, liquid exposure (including exposure to solvents, acids, bases, or water), extreme heat, extreme cold or other external causes; (c) damage caused by operating the Product outside the permitted or intended uses described by Bluesmart; (d) damage caused by service performed by anyone who is not a representative of Bluesmart or otherwise authorized by Bluesmart to service Bluesmart products; (e) a Product or part that has been modified without the written permission of Bluesmart; (f) cosmetic damage, including but not limited to scratches, dents, cracks, breaks, fissures or detachments; (g) diminished performance or failure of any batteries due to normal and/or extended use, unless damage has occurred due to a defect in materials or workmanship; or (h) any non-Bluesmart products, even if packaged or sold with Bluesmart Products, (i) transport damage (by airlines for example), (j) normal wear and tear, (k) cosmetic damage (such as scratched leather or stained fabric), and (l) direct, consequential or incidental damages related to such a data breach, including damages related to identity theft, theft of payment information, discovery by third parties of identity, location or other personal information, or any other damages related to a breach of data security.
Except as provided in this warranty and to the extent permitted by law, Bluesmart is not responsible for direct, special, incidental or consequential damages resulting from any breach of warranty or condition, or under any other legal theory. This includes incidental travel related losses due to Product failure, such as replacement cost of clothing or other valuables, airline or hotel change fees, meals, transportation, or any other incidental costs related to the loss or damage of Bluesmart Products in transit. In addition, Bluesmart explicitly waives all liability for loss of use; loss of revenue; loss of actual or anticipated profits (including loss of profits on contracts); loss of the use of money; loss of anticipated savings; loss of business; loss of opportunity; loss of goodwill; loss of reputation; loss of, damage to or corruption of data; or any indirect or consequential loss or damage howsoever caused including the replacement of equipment and property, any costs of recovering, programming, or reproducing any program or data stored or used with Bluesmart Products and any failure to maintain the confidentiality of data stored on the Product. The foregoing limitation shall not apply to death or personal injury claims, or any statutory liability for intentional and gross negligent acts and/or omissions. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
This warranty gives you specific legal rights, and you may also have other rights which vary according to your jurisdiction. All express and implied warranties, including but not limited to any implied warranties and conditions of merchantability and fitness for a particular purpose, are limited in time to the term of the applicable Warranty Period. No warranties, whether express or implied, will apply after the expiration of the Material and Workmanship Warranty Period. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so this limitation may not apply to you.
Bluesmart is committed to remaining on the cutting edge of technology in this industry. As such, it may become necessary for us to discontinue use of the operating system and/or software found in your Product as newer technology becomes available. Bluesmart will offer software support for either a minimum of 5 years from the date of a Product’s general availability, or for 2 years after the successor product (N+1) is released, whichever is longer.
NATIONAL OR REGIONAL STATUTORY RIGHTS
Consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods, including, without limitation, national laws implementing EC Directive 99/44. These rights are not affected by the warranties in this Limited Warranty. In all other respects, the terms of this Limited Warranty shall apply.
GOVERNING LAW & ARBITRATION
This warranty shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any claim or dispute in connection with this warranty shall be settled by binding arbitration administered by the American Arbitration Association. The number of arbitrators shall be 1. The place of arbitration shall be San Francisco, California. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between you and us alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.
If the foregoing arbitration clause does not apply for any reason, you agree to submit to the personal jurisdiction of the state courts located within San Francisco County, California and the federal courts in the Northern District of California for the purpose of litigating all such claims or disputes, which courts shall have exclusive jurisdiction of such claims or disputes. Notwithstanding the foregoing, Bluesmart may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.