ONE-YEAR LIMITED WARRANTY
Updated and effective as of October 1, 2019
MERSEA warrants its products (collectively, the “Product”) against defects in manufacturing, material, or workmanship under normal use ("Warranty") for a period of one year from date of original purchase ("Warranty Period").
This Warranty will apply only to Product purchased directly from MERSEA. This Warranty is non-transferrable and covers only the original end-user purchaser. This warranty is void if the Product has been modified.
MERSEA does not warrant, and is not responsible for other product made by anyone other than MERSEA, or Product not purchased directly from MERSEA.
Sole and Exclusive Remedy
If a manufacturing, material or workmanship defect arises regarding any Product, and a valid claim is received within sixty (60) calendar days after the expiration of the Warranty Period, MERSEA will, at its sole discretion: (1) replace the Product with a new identical Product (if available) or (2) replace the Product with a Product that is the same or of a similar style to the Product customer returned to MERSEA under this Warranty or a substitute equivalent to customer’s original purchased Product that may not be of like kind (depending on availability). Any out-of-stock or discontinued Product still under warranty that cannot be replaced with an identical product will be replaced with the equivalent model based on availability. Replacement with the same color cannot be guaranteed. Replacement Product is warranted as above only for the remainder of the original applicable Warranty Period. These are customer’s sole and exclusive remedies for any Product defects.
Except for the remedies expressly set forth above or to the extent restricted or prohibited by applicable law, the entire risk as to the quality and performance of the Product is with the customer. In addition to and without limiting the generality of the foregoing disclaimers, this Warranty does not, under any circumstances, cover defects resulting from: normal wear and tear or otherwise due to the normal aging of the Product; cosmetic damage, including but not limited to pulls and tears or scratches and dents unless failure has occurred due to a defect in manufacturing, materials or workmanship; improper or unreasonable use or maintenance; failure to follow directions; damage caused by accident, abuse, misuse, fire, lightning, earthquake, or other external cause; unauthorized alteration or modification of original condition; or damages caused by inadequate packing or shipping procedures.
Except as set forth above, MERSEA makes no express or implied warranties and MERSEA expressly disclaims any and all warranties including any warranty of quality, merchantability, or fitness for a particular purpose.
FOR CUSTOMERS WHO ARE COVERED BY AN APPLICABLE CONSUMER PROTECTION LAW OR REGULATION IN THEIR STATE, PROVINCE, OR COUNTRY OF PURCHASE OR RESIDENCE, THE BENEFITS TO CUSTOMER UNDER THIS LIMITED WARRANTY ARE IN ADDITION TO OTHER RIGHTS AND REMEDIES OF CUSTOMER UNDER SUCH LAWS OR REGULATIONS. SUCH BENEFITS MAY INCLUDE ADDITIONAL WARRANTIES OR RIGHTS RELATING TO THE PERFORMANCE OF THE PRODUCT AND REMEDIES APPLICABLE IN THE EVENT OF A DEFECT. THIS LIMITED WARRANTY WILL BE INTERPRETED UNDER THE LAWS OR REGULATIONS THAT APPLY TO CUSTOMER IN ANY STATE, PROVINCE, OR COUNTRY, AND ANY PROVISION OF THIS LIMITED WARRANTY THAT CONFLICTS WITH ANY SUCH CUSTOMER RIGHTS OR BENEFITS IS NOT APPLICABLE TO CUSTOMERS COVERED BY SUCH LAW OR REGULATION, SO THE EXCLUSIONS AND LIMITATIONS SET OUT IN THIS LIMITED WARRANTY MAY NOT APPLY, OR MAY NOT FULLY APPLY, TO CUSTOMER.
Limitation of Liability
In no event shall MERSEA, its Officers, Directors, Distributors, Suppliers, or Agents (collectively “Company”) be liable to you or any third party for any indirect, incidental, consequential, special, exemplary or punitive damages arising out of or in connection with the use of any MERSEA product, including, without limitation, loss of use of any product, even if Company has been advised of the possibility of such damages. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract, tort (including negligence) or otherwise), the entire liability of company shall be limited to the amount actually paid by you for the product. Some states and/or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
Warranty Claim Process
To submit a warranty claim, contact us. Any warranty claims must be made by customer no later than sixty (60) calendar days after the expiration of the Warranty Period. We may ask you to send us a photograph of your Product to validate the claim and, in some cases, we may ask that you return the product to MERSEA for inspection. MERSEA reserves the right to charge a shipping and handling fee in connection with the evaluation and fulfillment of any warranty claim.