REPLACEMENTS AND REPAIRS
The longer of: (i) the remainder of the original Limited
Warranty for the Product; or (ii) 90 days from the
consumer's date of receipt of the replacement or
repaired Product.
2. Limited Warranty Service Process
If you believe your Product has a defect, please contact
CMS at 1- 888-970-0751 or email
support@CMSwarranty.com. CMS’s technical support
personnel are available to assist you in diagnosing and fixing
any problems you may encounter in the use of your Product.
In the event we cannot help you fix the problem. You may be
entitled to warranty service under this Limited Warranty.
13
WARRANTY CONT.
In order to submit your Product for warranty service
pursuant to this Limited Warranty, you will be asked to
provide CMS with (i) the proof of purchase from an
authorized retailer; and (ii) the Product's serial number.
Upon verification of your eligibility, you will need to provide
your name, email address. Mailing address and contact
telephone number in order to receive a return materials
authorization ("RMA") number. CMS must receive your
defective Product within thirty (30) days from CMS’s
issuance of an RMA to you. CMS may direct you to a
designated third party for warranty repairs.
You must include your defective Product within the
CMS-provided or CMS-approved packaging for shipment
to CMS. You are responsible for any damages caused by
your improper packaging or shipment of the Product to
CMS, or risk of loss during transit.
An authorized service provider will conduct an inspection
of your Product. If CMS determines that the problem is not
covered under the Limited Warranty, CMS will notify you
and inform you of service or replacement alternatives that
are available to you on a fee basis, or CMS will return your
Product to you unrepaired.
For eligible warranty claims, CMS will service defective
Products with new or reconditioned parts of same or
similar style at no cost to you for the service. Parts
replaced by CMS will be retained by, and become the
property of CMS. For eligible warranty claims, CMS will
pay reasonable return shipping charges for the return of
the Product to you.
3. Limited Warranty Eligibility
3.1 Your request for service must be received by CMS
within the Limited Warranty Period as described
above, and CMS must receive your Product in
accordance with the Limited Warranty Service
Process defined above.
3.2 Your Product must be purchased from an
authorized reseller of the Product.
3.3 You must retain the original purchase receipt and
your Limited Warranty, and provide this
documentation to CMS to verify your warranty
eligibility.
3.4 This Limited Warranty describes the service
available to you in the event your Product requires
warranty service.
3.5 Your Product must have the serial number clearly
legible, unobscured, uneffaced and unmodified.
4. Limited Warranty Exclusions
This Limited Warranty describes the service available to
you in the event your Product requires warranty service,
and you may have additional protections under your local
laws. This Limited Warranty does not cover and excludes
damage to your Product:
4.1 Caused by abuse, misuse, neglect or commercial use.
4.2 Caused by improper charging, storage, or operation,
including, without limitation, use contrary to the
owner's manual and other documentation, use other
than in accordance with specified weight and age
limits, use on stairs, walls and curbs, or any extreme
sport or exhibition use.
4.3 Caused by accident, collision, riding over obstacles,
racing, fire, water submersion, high pressure water
spray, freezing, earthquake, dropping, severe
oxidation, or chemical solvent corrosion.
4.4 Caused by any repair that was unauthorized by CMS.
4.5 Caused from improper packaging or mishandling
during shipment to the warranty-service provider.
4.6 That is cosmetic, including, scratches, dents and the
removal of protective coatings that are designed to
diminish over time, unless such damage occurred
due to a defect in materials.
4.7 Caused by the use of the Product with, or any
modification to the Product using, any third party
product, component or accessory that is not sold
by CMS.
5. Liability Disclaimer and Limitation
CMS does not assume, nor authorizes anyone to assume
on its behalf, any other obligation or liability in connection
with a Product. Its component parts, accessories, service
repair, or this Limited Warranty. CMS is not responsible for
any loss of use of a Product, its component parts,
accessories, or for any inconvenience or other loss or
damage which might be caused from any defect in a
Product, it’s component parts, accessories, service repair,
or for any other incidental or consequential damages the
purchaser may have as a result of any defect in a Product,
its component parts, accessories, or service repair.
THIS LIMITED WARRANTY IS THE ONLY WARRANTY
APPLICABLE TO PRODUCT AND ITS COMPONENT PARTS,
ACCESSORIES, AND SERVICE REPAIR. CMS AND ITS
AFFILIATED COMPANIES DISCLAIM ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, OTHER THAN THOSE WARRANTIES IM PLIED BY
AND INCAPABLE OF EXCLUSION, RESTRICTION. OR
MODIFICATION UNDER APPLICABLE LAW. ANY SUCH
IMPLIED WARRANTIES WHICH MAY BE REQUIRED BY LAW
AND ARE NOT DISCLAIMED HEREBY ARE LIMITED, TO THE
EXTENT ALLOWED BY LAW, TO THE APPLICABLE PERIOD OF
THIS LIMITED WARRANTY, OR TO THE APPLICABLE TIME
PERIOD PROVIDED BY THE APPLICABLE COUNTRY/STATE
LAW, WHICHEVER PERIOD IS SHORTER. SOME
COUNTRIES/STATES DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. SOME
COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO SOME PURCHASERS.
CMS'S TOTAL AND AGGREGATE LIABILITY FOR ALL CLAIMS,
JOINT AND SEVERALLY, ARISING HEREUNDER AND ANY AND
ALL APPLICABLE WARRANTIES AT LAW ARE LIMITED TO THE
REPAIR OR REPLACEMENT OF ANY DEFECTIVE PRODUCT, AS
DETERMINED IN CMS'S DISCRETION, AND ALL INCIDENTAL
AND CONSEQUENTIAL DAMAGES ARE HEREBY EXCLUDED,
UNLESS SUCH LIMITATIONS AND EXCLUSIONS ARE
PROHIBITED BY APPLICABLE LAW. SOME
COUNTRIES/STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES.
SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY
TO YOU.
6. Claims and Dispute Resolution
CMS AND YOU AGREE THAT ALL CLAIMS OR DISPUTES
ARISING IN ANY WAY FROM THIS LIMITED WARRANTY OR
THE SALE, CONDITION OR PERFORMANCE OF THE
PRODUCT, WHETHER BASED IN CONTRACT, TORT,
STATUTORY, FRAUD, MISREPRESENTATION OR ANY OTHER
LEGAL THEORY, AND ALL CLAIMS THAT ARE SUBJECT OFA
PURPORTED CLASS ACTION LITIGATION THAT YOU ARE NOT
A MEMBER OF THE CERTIFIED CLASS, SHALL BE RESOLVED
THROUGH ARBITRATION AS PROVIDED FOR HEREIN, OR IN
SMALL CLAIMS COURT, AND NOT BY A TRIAL BY JURY. YOU
WAIVE THE RIGHT TO A TRIAL BY JURY, AND WAIVE THE
RIGHT TO PARTICIPATE IN CLASS ACTIONS ARISING FROM
OR RELATING TO ANY AND ALL CLAIMS AND DISPUTES
WITH CMS. YOU AGREE THAT YOU MAY ARBITRATE CLAIMS
AGAINST CMS ONLY IN YOUR INDIVIDUAL CAPACITY AND
NOT AS A PLAINTIFF, A CLASS REPRESENTATIVE, OR CLASS
MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING.
THIS AGREEMENT EVIDENCES A TRANSACTION IN
INTERSTATE COMMERCE, AND THUS THE FEDERAL
ARBITRATION ACT GOVERNS THE INTERPRETATION AND
ENFORCEMENT OF THIS PROVISION. THIS PARAGRAPH
SHALL SURVIVE THE TERMINATION
OF THIS LIMITED WARRANTY. CMS REQUIRES THAT YOU
ARBITRATE YOUR CLAIMS AGAINST CMS PURSUANT TO THE
ARBITRATION DESCRIBED BELOW PRIOR TO YOUR EXERCISE
OF YOUR RIGHTS PURSUANT TO TITLE I OF THE
MAGNUSON-MOSS WARRANTY ACT. TITLE I OF THE
MAGNUSON-MOSS WARRANTY ACT DOES NOT REQUIRE
YOU TO PURSUE RIGHTS AND REMEDIES AVAILABLE TO YOU
THAT ARE NOT PROVIDED BY TITLE I OF THE MAGNUSON-
MOSS WARRANTY ACT.
Any such arbitration shall not be combined or
consolidated with a claim or dispute involving any other
person's or entity's product or claim or dispute, and
specifically. Without limitation of the foregoing. Shall not
under any circumstances proceed as part of a class
action or class arbitration. If you intend to seek arbitration
you must first email CMS at support@CMSwarranty.com a
notice of dispute, at least thirty (30) days in advance of
initiating the arbitration. The notice must include: (i) a
description of your claim and the basis of the dispute; and
(ii) a description of the relief you are seeking. If CMS and
you do not reach an agreement to resolve the claim within
thirty (30) days after CMS receives your notice, you or
CMS may commence an arbitration proceeding.
The arbitration will take place in Los Angeles, California or
a mutually agreed upon location. Arbitration shall be
administered by JAMS, or alternatively a mutually agreed
upon arbitrator or arbitration service, under the applicable
commercial arbitration rules for JAMS or the mutually
agreed upon arbitration service, excluding any rules or
procedures governing or permitting class actions. The
arbitrator, and not any federal, state or local court or
agency, shall have exclusive authority to resolve all
disputes arising out of or relating to the interpretation,
applicability, enforceability or formation of this Limited
Warranty, including, but not limited to any claim that all or
any part of this Limited Warranty is void or voidable, or
whether a claim is subject to arbitration. The arbitrator
shall be empowered to grant whatever relief would be
available in a court under law or in equity. The arbitrator's
award shall be written. And binding on the parties and
may be entered as a judgment in any court of competent
jurisdiction. To the extent the filing fee for the arbitration
exceeds the cost of filing a lawsuit; CMS will pay the
additional cost. The arbitration rules also permit you to
recover attorney's fees in certain cases. The parties
understand that, absent this mandatory provision, they
would have the right to sue in court and have a jury trial.
They further understand that, in some instances. The
costs of arbitration could exceed the costs of litigation
and the right to discovery may be more limited in
arbitration than in court.
This arbitration provision also applies to claims and
disputes by you, the purchaser of the Product. And all
those in privity with you, including your family members,
beneficiaries and assigns against CMS's subsidiaries and
affiliates and any person or entity that licensed, supplied,
sold or distributed the Product and each of their officers,
employee, representatives, licensors/licensees. Agents.
Beneficiaries, predecessors in interest, successors. And/or
assigns. You may opt out of this dispute resolution
procedure by providing notice to CMS no later than thirty
(30) calendar days after the date of the first consumer
purchaser's purchase of the Product. To opt out you must
send notice by e-mail to Optout@CMSwarranty.com. The
opt-out notice must include (a) your name, email
address. Mailing address and phone number; (b) the date
on which the product was purchased; (c) the product
model name or model number; and (d) the Serial
Number. Opting out of this dispute resolution procedure
will not affect the coverage of the Limited Warranty in any
way, and you will continue to enjoy the benefits of the
Limited Warranty. If you opt-out of these arbitration
provisions, CMS also will not be bound by them.
To Next Page
Loading...
