HAPPIEST BABY, INC.
Updated June 22, 2017
By using the Happiest Baby SNOO (the “Product”) you agree to be bound by the terms of this Limited Warranty set forth below and provided by Happiest Baby, Inc. (“HBI”, “us”, “we”, “our”).
This Limited Warranty gives you specific legal rights. You may also have other or additional legal rights under the laws of your jurisdiction. The disclaimers, exclusions, and limitations of liability under this Limited Warranty will not apply to the extent prohibited by applicable law. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction.1. LIMITED WARRANTY RIGHTS APPLY ONLY TO THE ORIGINAL PURCHASER
Subject to the additional terms and conditions set forth below, only the original purchaser of the Product in Australia from us or from one of our authorized resellers or distributors has rights under this Limited Warranty.
2. LIMITED WARRANTY
HBI warrants the Product against defects in materials and workmanship under normal, non-commercial, and reasonable use for which the Product was designed (used with your baby between birth and 6 months, or when baby can get on hands and knees, and weighs less than 25 pounds (12.5 kilos) for a period of twelve (12) months from the date of delivery of the Product (“Warranty Period”). If a Product is returned to us during the Warranty Period as provided below, and we determine that the Product is defective, HBI will at its sole discretion either: (i) repair the Product, (ii) replace the Product or any defective components or parts with a new or refurbished Product, component or part, or (iii) refund the original purchase price in return for the Product. If the Warranty Period has expired or is otherwise not applicable as per the Scope and Limitation on Warranty (below), we will return the Product to you. More information about this warranty can be found at www.happiestbaby.com.au.
Our Product comes with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Product repaired or replaced if the Product fails to be of acceptable quality and the failure does not amount to a major failure.
3. RETURN AND WARRANTY SERVICE PROCESS
Please review the online resources at www.happiestbaby.com.au prior to seeking service under this Limited Warranty. To obtain warranty service or to return a Product to us, you must first obtain a Return Merchandise Authorization (RMA) number from a customer support representative at HBI. We may attempt to troubleshoot a warranty-related problem prior to issuing a RMA number. We may ask for additional information upon request. Issued RMA numbers are valid for thirty days from issuance. Once an RMA number is obtained, your Product must be shipped freight prepaid at your expense; together with proof of purchase and all accessories, either its original packaging or packaging affording an equal degree of protection, to the HBI authorized distribution facility identified by our customer support representative. Failure to return any of the accessories may result in a delay of refund payment or service and/or result in a reduction of your refund, a credit to HBI or an invoice for the missing accessories.
4. REPLACEMENT PARTS; HBI’S DETERMINATION OF PRODUCT STATUS
In performing service under this Limited Warranty, we may furnish replacement parts on an exchange basis in which event replaced parts will become the property of HBI. Replacement parts provided by us will be new or refurbished and of comparable quality to the replaced part. Replacement parts may also be a different part that contains compatible features and functions. You agree to reimburse us for the inspection, testing and repair of returned equipment determined by us not to be defective or which falls under one of the warranty exclusions described below. In all cases, our determination as to whether or not the equipment is defective and covered by warranty will be final. You will pay all shipping and handling charges related to shipping back to you any Product that we determine not to be defective. Any replacement Product or part thereof will be warranted hereunder for a period of six (6) months from shipment. We reserve the right to change the method by which we may provide warranty service to you, and the eligibility of your Product to receive a particular method of service.
5. SCOPE OF AND LIMITATION OF WARRANTY
Our warranty obligations related to the Product under this Limited Warranty are limited to the repair or replacement of defective Products or parts thereof as described in the Limited Warranty section above. This warranty does not cover customer training and education, installation, set up or adjustment, signal or reception problems.
6. THE PRODUCT IS NOT A MEDICAL DEVICE
The SNOO is not a medical device. HBI makes no warranty or representation that the use of the Product (with or without any third-party product or service) constitutes medical treatment. You understand and acknowledge that HBI’s Product or its associated Services will not dispatch emergency authorities in the event of an emergency. Furthermore, HBI’s customer care or technical support contacts cannot be considered a medical resource. If you have an emergency or a medical concern, it is your responsibility to seek medical assistance.
7. EXCLUSIONS FROM LIMITED WARRANTY
This Limited Warranty does not cover damage to the Product (i) due to acts of God, other forces beyond our reasonable control, such as internet or power outages, power surges, fires, earthquakes, floods or other events of “force majeure,” accident, misuse, abuse, negligence, commercial use or modification of, or to any part of your Product; or (ii) caused by any third party product, service or system, use of the Product for purposes other than for which the Product was designed or intended, use in improper temperature, humidity or other environmental conditions, or use of the Product in violation of written instructions provided by HBI (which may be provided at the time of purchase or on its website at http://www.happiestbaby.com.au).
In addition to the above, this warranty also excludes: (i) defects due to normal wear and tear or aging, including soft goods; (ii) damage due to improper repair, operation or maintenance or connections to improper voltage supply, or attempted repair by anyone other than a facility authorized by HBI to service your HBI Product; (iii) use of the Product for purposes other than for which the Product was designed or intended; (iv) misuse of product contrary to written instructions provided by HBI (which may be provided at the time of purchase or on its website at http://www.happiestbaby.com.au); (v) specific WIFI signal or reception problems, internet connectivity issues of your WiFi router, or your smartphone.
8. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. HBI DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, WARRANTIES AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE FULLEST EXTENT PERMITTED BY LAW WHETHER ARISING BY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
9. LIMITATION OF LIABILITY
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS AND EXCLUSIONS, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HBI, ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS OR SUPPLIERS BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY, TORT OR OTHERWISE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR REVENUE OR DIMINUTION IN VALUE, GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER LOSSES (OTHER THAN THE COST OF THE PRODUCT OR ITS REPLACEMENT) THAT ARISE DIRECTLY OR INDIRECTLY OUT OF YOUR PURCHASE OR USE OF THE PRODUCT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY YOU OR COULD HAVE BEEN REASONABLY FORESEEN BY YOU, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, HBI’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE PAID FOR THE PRODUCT THAT CAUSED SUCH DAMAGE.