BABOLAT strives to provide a timely warranty process and will work to perform its obligations
under this warranty within 30 days, under normal conditions, after the warranted product is
returned to an authorized BABOLAT dealer as set forth above. This period may be extended if
replacement products are out of stock or other unusual circumstances require longer. All
repaired or replacement product will be covered for one year from the date of the original
purchase.
BABOLAT shall not be liable for incidental or consequential damages, during warranty service
the contents of the storage media will be deleted and reformatted.
If BABOLAT determines that the problem with the Product is not covered under this
Contractual Warranty, we will notify you and inform you of service or replacement
alternatives that are available to you on a fee basis.
Repair or replacement as provided under this warranty is the exclusive remedy of the
consumer, except for the warranties contained in this Contractual warranty, BABOLAT makes
no other warranty of any kind, express or implied, in fact or by law, whether of
merchantabtility, fitness for any particular purpose or otherwise. Your sole and exclusive
remedy under this Contractual warranty shall be product repair or replacement as provided
herein.
In the event of any dispute regarding the Product, the Purchaser and BABOLAT agree to
resolve any Claims only by BINDING ARBITRATION that must be brought in Denver, Colorado.
Such arbitration will be conducted under the Streamlined Arbitration Rules of JAMS. For the
purposes of this section, references to “Purchaser” include the original purchaser, their family
members, beneficiaries, and assigns, and references to “Claim” shall include any dispute,
claim or controversy arising from or relating to: (1) the Product, whether based in contract;
tort; fraud; misrepresentation; state or federal statute, regulation, ordinance; or any other
legal or equitable theory, and (2) this Contractual Warranty. There shall be no right or
authority for any Claims to be arbitrated on a class action basis. This Dispute Resolution
agreement is part of a transaction involving interstate commerce and is governed by the
Federal Arbitration Act, which governs its enforcement and interpretation.
No other person or company is authorized to change this Contractual Warranty, and your
dealer is solely responsible for any other additional warranties. Some states and countries do
not allow limitation on consequential damages or how long an implied warranty lasts, or
exclusion of all or certain types of damages, so the above limitations may not apply to you.
This Contractual Warranty gives you specific legal rights, and you may also have other
additional rights, which vary from countries. The foregoing is without prejudice to other legal
rights that may arise under applicable national legislation.
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