SPIN MASTER PRODUCTS LIMITED WARRANTY
WHO IS COVERED?
This limited warranty is non-transferable and covers only the original end purchaser. An original or copy of a sales receipt from the original sales retailer is required for warranty service. This limited warranty does not cover products purchased through online auction websites. Online sales auction confirmations are NOT accepted for warranty verification.
WHAT IS COVERED?
Spin Master warrants that the Appmates product (the “Product”) will be free from defects in workmanship and materials under normal use so long as the Product or the app(s) which work with the Product are sold.
WHAT IS NOT COVERED?
• Normal wear and tear of Product use
• Misuse, lack of care, mishandling, accident, abuse or other abnormal use • Use of the Product other than for its intended purpose • Damage caused by improper or unauthorized repair or maintenance • Product that has been modified or altered • Any product that is not manufactured by Spin Master (including, without limitation, any non-Spin Master product that is used in connection with the Product)
HOW TO MAKE A WARRANTY CLAIM
Warranty claims must be made directly to Spin Master.
Once Spin Master receives your returned Product, Spin Master will evaluate your claim (typically within 7-10 business days) to determine whether the returned Product does not conform to this limited warranty. If Spin Master determines that there is no trouble found with your returned Product or the returned Product is not eligible for warranty service, Spin Master will ship the Product back to you. If Spin Master determines that there is a warranted defect in the Product, Spin Master will, at its option, remedy the defect as set forth below in this limited warranty. Spin Master is not liable for Products that are damaged or lost in transit to Spin Master. We recommend that you ship your returned products to Spin Master via a trackable shipment method. You are responsible for customs fees, including, but not limited to, taxes, duties and brokerage.
SOLE AND EXCLUSIVE REMEDY
Your sole and exclusive remedy for a breach of this limited warranty, and Spin Master’s sole and entire liability is, at Spin Master’s option, to repair or replace the defective Product or refund the purchase price of the defective Product within 30 days. Repair or replacement (including parts and labor and shipping costs) shall be made at Spin Master’s expense. Spin Master reserves the right to send you a replacement product that is the same or of a similar style or a substitute equivalent that may not be of like kind (depending on availability). Replacement products will be furnished only on an exchange basis. Replacement products are warranted as above for the remainder of the original applicable Product warranty period.
EXCEPT AS EXPRESSLY SET FORTH ABOVE IN THIS LIMITED WARRANTY, SPIN MASTER MAKES NO OTHER EXPRESS OR IMPLIED WARRANTIES TO THE EXTENT PERMITTED BY LAW AND SPECIFICALLY DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF SUCH DISCLAIMER OF ANY IMPLIED WARRANTY IS NOT PERMITTED BY LAW, THE DURATION OF ANY SUCH IMPLIED WARRANTIES IS LIMITED TO THE DURATIONS SET FORTH IN THIS LIMITED WARRANTY.
LIMITATION OF LIABILITY
IN NO EVENT SHALL SPIN MASTER OR ITS SUPPLIERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF THE USE OF THE PRODUCT, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, LOSS OF VALUE OF THE PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED IN OR WITH THE PRODUCT, OR LOSS OF USE OF THE PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED IN OR WITH THE PRODUCT, EVEN IF SPIN MASTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SPIN MASTER HAS NO LIABILITY FOR ANY DAMAGE OR DESTRUCTION TO CONSUMER ELECTRONICS DEVICES OR OTHER PERSONAL PROPERTY THAT ARE IN THE PRODUCTS, INCLUDING, WITHOUT LIMITATION, LAPTOPS, CELL PHONES, MP3 PLAYERS, DVD PLAYERS OR HANDHELD DEVICES, OR ANY LOSS OF DATA CONTAINED IN THE FOREGOING DEVICES. 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 SPIN MASTER AND ANY OF ITS SUPPLIERS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT.