FitBark Inc. (“FitBark”) warrants to the original purchaser that your FitBark electronic device (the “Product”) shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase. If you reside in the European Economic Area (EEA) and you purchased your FitBark product in the EEA, the warranty period is two (2) years from the date of purchase (the “Warranty Period”).
FitBark does not warrant that the operation of the Product will be uninterrupted or error-free. FitBark is not responsible for damage arising from failure to follow instructions relating to the Product’s use.
You have a 1-year warranty that your FitBark device or Wi-Fi Base Station is free from defects in materials and workmanship under normal use. If you live and purchased our products within the European Economic Area, you get 2 years.
If a hardware defect arises and a valid claim is received by FitBark within the Warranty Period, FitBark will, at its option and to the extent permitted by law, either (1) repair the Product at no charge, using new or refurbished replacement parts or (2) replace the Product with a new or refurbished Product. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Warranty is valid only in the jurisdictions where the Products are sold by FitBark itself or through its authorized reseller or agent, and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement hardware product will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer, or for any additional period of time that may be applicable in your jurisdiction.
We will decide whether to repair or replace your FitBark device or Wi-Fi Base Station.
Obtaining warranty service
To obtain warranty service, you must deliver the Product, freight pre-paid, in either its original packaging or packaging providing an equal degree of protection, to the address specified by FitBark. In accordance with applicable law, FitBark may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service. It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the Product. It is likely that such data, software, or other materials will be lost or reformatted during service, and FitBark will not be responsible for any such damage or loss. For specific instructions on how to obtain warranty service on your Product, please contact us.
Exclusions and limitations
This Limited Warranty applies only to the Product manufactured by or for FitBark that can be identified by the “FitBark” trademark, trade name, or logo affixed to it. The Limited Warranty does not apply to any (a) FitBark products and services other than the Product, (b) non-FitBark hardware product, (c) consumables (e.g. batteries, elastic bands), or (d) software, even if packaged or sold with the Product or embedded in the Product.
This warranty does not apply to a Product or part of the Product that has been altered or modified (e.g. to alter functionality or capability) by anyone who is not a representative of FitBark or if the Product is inserted or installed in a casing not provided by FitBark. In addition, this Limited Warranty does not apply: (a) to damage caused by use with non-FitBark products; (b) to damage caused by accident, abuse, misuse, flood, fire, earthquake or other external causes; (c) to damage caused by operating the Product outside the permitted or intended uses described by FitBark or with improper voltage or power supply; or (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of FitBark. Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty.
No FitBark reseller, agent, or employee is authorized to make any modification, extension, or addition to this Limited 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.
Our products are identified by the FitBark trademark. This warranty only applies to our products under normal use.
Except to the extent prohibited by applicable law, FitBark shall not be liable for any incidental, indirect, special, or consequential damages, including but not limited to loss of profits, revenue or data, resulting from any breach of express or implied warranty or condition, or under any other legal theory, even if FitBark has been advised of the possibility of such damages.
Certain jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, or allow limitations on how long an implied warranty may last, so the above limitations or exclusions may not apply to you to the extent they are inconsistent with your state’s applicable law. This limited warranty gives you specific legal rights, and you may also have other rights under state law.
We are not liable if something goes really wrong. Certain limitations may not apply to you, depending on where you live.
This Limited Warranty shall be governed by the laws of the State of Missouri, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
This Warranty is governed by the laws of the state of Missouri.
National statutory rights
Consumers in certain 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 Product Warranty.
Certain limitations may not apply to you, depending on where you live.