THIS LIMITED WARRANTY CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
1. WHAT THIS LIMITED WARRANTY COVERS; PERIOD OF COVERAGE
Somabar, Inc. ("Somabar") warrants to the original purchaser (“owner”) of the enclosed SMB-001 Somabar® system (comprised of one (1) Somabar® machine, six (6) 750ml SomaPods®, one (1) 150ml SomaPod®, and one (1) 750ml Cleaning SomaPod®) ("Product") will be free from defects in materials and workmanship for a period of thirty (30) days from the date of shipment following the original retail purchase as to the Product (the "Warranty Period"). In addition, Somabar shall provide unlimited free phone and/or online customer support as to the Product for a period of ninety (90) days from such date of shipment. If the Product fails to conform to this Limited Warranty during the Warranty Period, Somabar will, at its sole discretion, either (a) repair or replace any defective Product or component; or (b) accept the return of the Product and refund the money actually paid by the original purchaser for the Product. Repair or replacement may be made with a new or refurbished product or components, at Somabar' sole discretion. If the Product or a component incorporated within it is no longer available, Somabar may, at Somabar' sole discretion, replace the Product with a similar product of similar function. This is your sole and exclusive remedy for breach of this Limited Warranty. This Limited Warranty is not transferable from the original purchaser to subsequent owners. This Limited Warranty does not extend to Products purchased from any unauthorized re-sellers.
2. ALL SALES FINAL, WARRANTY RETURNS ONLY
All sales are final and returns may only be made in accordance with a proper limited warranty claim and return of the Product.
3. WARRANTY CONDITIONS; HOW TO GET SERVICE IF YOU WANT TO CLAIM UNDER THIS LIMITED WARRANTY
Before making a claim under this Limited Warranty, the owner of the Product must (a) notify Somabar of the intention to claim by emailing email@example.com during the Warranty Period and providing all information subsequently requested by Somabar including a description of the alleged failure, and (b) comply with Somabar's return shipping instructions. NOTE that many issues can be resolved through troubleshooting, and prior to any warranty return a troubleshooting session between the owner and a Somabar support team member is required. Somabar will have no warranty obligations with respect to a returned Product if it determines, in its reasonable discretion after examination of the returned Product and/or the electronic usage logs, that the Product is a Disqualified Product (defined below). Somabar shall make the final determination regarding warranty claims. For authorized warranty returns, Somabar will provide a return shipping label to the owner at Somabar’s cost, except with respect to any Disqualified Product, for which the owner will bear all shipping costs.
4. WHAT THIS LIMITED WARRANTY DOES NOT COVER
This Limited Warranty does not cover the following (collectively "Disqualified Products"): Products marked as "sample," "Not for Sale" or similar, or sold "AS IS"; 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 Product's User's Guide or other instructions provided by Somabar or through any Somabar mobile application, website or other service; (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. This Limited Warranty does not cover consumable parts, including batteries, unless damage is due to defects in materials or workmanship of the Product, any other products, materials or equipment provided with the Product, or software (even if packaged or sold with the product). Somabar 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 will invalidate this Limited Warranty.
5. DISCLAIMER OF WARRANTIES
EXCEPT AS STATED ABOVE IN THIS LIMITED WARRANTY, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOMABAR 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, SOMABAR ALSO LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY.
6. LIMITATION OF DAMAGES
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL SOMABAR 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, AND SOMABAR’S 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.
7. LIMITATION OF LIABILITY
SOMABAR MAY FROM TIME TO TIME PROVIDE YOU INFORMATION ("PRODUCT INFORMATION") REGARDING PERIPHERALS THAT MAY BE CONNECTED TO YOUR PRODUCTS ("PRODUCT PERIPHERALS"), SUCH AS AN IPAD CONTROL DEVICE. THE TYPE OF PRODUCT PERIPHERALS THAT MAY BE CONNECTED TO YOUR PRODUCT MAY CHANGE FROM TIME TO TIME. WITHOUT LIMITING THE GENERALITY OF THE DISCLAIMERS ABOVE, ALL PRODUCT INFORMATION IS PROVIDED FOR YOUR CONVENIENCE,"AS IS", AND "AS AVAILABLE". SOMABAR DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT PRODUCT INFORMATION WILL BE AVAILABLE, ACCURATE, OR RELIABLE. YOU USE ALL PRODUCT INFORMATION, PRODUCT PERIPHERALS, AND THE PRODUCT AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR (AND SOMABAR DISCLAIMS) ANY AND ALL LOSS, LIABILITY, OR DAMAGES, INCLUDING TO YOUR CONSUMABLE LIQUIDS/INGREDIENTS, WIRING, FIXTURES, ELECTRICITY, HOME, PRODUCT, PRODUCT PERIPHERALS, COMPUTER, MOBILE DEVICE, AND ALL OTHER ITEMS AND PETS IN YOUR HOME, RESULTING FROM YOUR USE OF THE PRODUCT INFORMATION, PRODUCT PERIPHERALS, OR PRODUCT.
8. LIMITATION RE. LIQUID PRESERVATION, PERISHABLE INGREDIENTS & UTILIZATION
Customer agrees that all liquid/ingredient preservation will be dramatically impacted by how the liquids/ingredients are stored and handled both prior to and during their use with the Product and Product components. Customer acknowledges that the Product does not refrigerate liquids/ingredients, and any perishable liquids/ingredients used with the Product must be monitored and discarded in accordance with best food safety practices and all applicable health and safety considerations and guidelines. Somabar does not guarantee or promise any specific length of liquid/ingredient preservation, safety or monetary benefit from the use of the Product or any feature of them. Actual preservation, safe usage and monetary benefits vary with factors beyond Somabar's knowledge or control. Customer also acknowledges that the Product utilizes a tube system connecting the ingredient canisters [i.e., SomaPods®] to the mixing and dispensing chambers that may prevent full utilization of any liquids/ingredients used with the Product. Somabar does not guarantee or promise any specific percentage utilization of any liquid/ingredient used with the Product. Somabar is never to be used with ingredients containing pulp or any other solid or semi-solid materials, and any such use will immediately invalidate this Limited Warranty. Somabar is a commercial appliance and requires a specific method of cleaning after each day of use. Failure to conduct proper and timely Somabar system cleaning and maintenance will immediately invalidate this Limited Warranty
9. YOUR RIGHTS AND THIS LIMITED WARRANTY
This Limited Warranty gives you specific legal rights. You 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 you should refer to the laws applicable in your jurisdiction and you may wish to contact a relevant consumer advisory service.
Date of Last Revision: 4/14/2020