Warranty

IMPORTANT: BY USING YOUR BEACHWAVER PRODUCT, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE BEACHWAVER 1 YEAR LIMITED WARRANTY (“WARRANTY”) AS SET OUT BELOW.

DO NOT USE YOUR PRODUCT UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY.

IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE PRODUCT AND RETURN IT WITHIN THE RETURN PERIOD STATED IN BEACHWAVER’S RETURN POLICY (FOUND AT https://beachwaver.com/pages/return-policy.)

HOW CONSUMER LAW RELATES TO THIS WARRANTY

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). OTHER THAN AS PERMITTED BY LAW, BEACHWAVER DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE.

WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW

TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. BEACHWAVER DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, BEACHWAVER LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT BEACHWAVER'S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.

WHAT IS COVERED BY THIS WARRANTY?

The Beachwaver Co. of 3800 Hawthorne Ct., Waukegan, IL, 60087, U.S.A. (“Beachwaver”) warrants the Beachwaver-branded electronic product contained in the original packaging (“Beachwaver Product”) against defects in materials and workmanship when used normally in accordance with Beachwaver's published guidelines for a period of ONE (1) YEAR from the date of original retail purchase by the end-user purchaser ("Warranty Period"). Beachwaver’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.

WHAT IS NOT COVERED BY THIS WARRANTY?

This Warranty does not apply to any non-Beachwaver branded hardware products or liquid or cosmetic products, even if packaged or sold with Beachwaver hardware. Manufacturers, suppliers, or publishers, other than Beachwaver, may provide their own warranties to you – please contact them for further information. Beachwaver does not warrant that the operation of the Beachwaver Product will be uninterrupted or error-free. Beachwaver is not responsible for damage arising from failure to follow instructions relating to the Beachwaver Product’s use.

This Warranty does not apply: (a) Beachwaver Products not purchased by a Beachwaver authorized retailer; (b) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause; (c) to damage caused by operating the Beachwaver Product outside Beachwaver’s published guidelines--including use on any type of ship; (d) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Beachwaver or a Beachwaver Authorized Service Provider (“BASP”); (e) to a Beachwaver Product that has been modified to alter functionality or capability without the written permission of Beachwaver; (f) to defects caused by normal wear and tear or otherwise due to the normal aging of the Beachwaver Product; (g) if any date code or other identifying mark has been removed or defaced from the Beachwaver Product; or (h) if Beachwaver receives information from relevant public authorities that the product has been stolen, and/or you cannot prove in any way that you are the authorized user of the product (e.g. by presenting proof of purchase).

YOUR RESPONSIBILITIES

Before receiving warranty service, Beachwaver or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow Beachwaver's procedures for obtaining warranty service. A request for warranty service may be initiated by completing an online form available at https://beachwaver.com/pages/warranty. Following warranty service your Beachwaver Product or a replacement device will be returned to you.

WHAT WILL BEACHWAVER DO IN THE EVENT THE WARRANTY IS BREACHED?

If during the Warranty Period you submit a claim to Beachwaver in accordance with this warranty, Beachwaver will, at its option:

(i) repair the Beachwaver Product using new or previously used parts that are equivalent to new in performance and reliability,

(ii) replace the Beachwaver Product with the same model (or with your consent a product that has similar functionality) formed from new and/or previously used parts that are equivalent to new in performance and reliability, or

(iii) exchange the Beachwaver Product for a refund of your purchase price.

A replacement Beachwaver Product, assumes the remaining term of the Warranty or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a Beachwaver Product or part is replaced or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes Beachwaver's property.

HOW TO OBTAIN WARRANTY SERVICE?

Please access and review the online help resources described below before seeking warranty service. If the Beachwaver Product is still not functioning properly after making use of these resources, please contact a Beachwaver representative using the information provided below. A Beachwaver representative will help determine whether your Beachwaver Product requires service and, if it does, will inform you how Beachwaver will provide it. When contacting Beachwaver via telephone, other charges may apply depending on your location.

Online information with details on obtaining warranty service is provided below.

WARRANTY SERVICE OPTIONS

Beachwaver will, at its option, provide warranty service through one or more of the following options:

(a) Mail-in service. If Beachwaver determines that your Beachwaver Product is eligible for mail-in service, you will be responsible for mailing your Beachwaver Product back to Beachwaver for repairs and paying the associated shipping costs. Instructions may be sent to you via email. Once service is complete, Beachwaver will return the Beachwaver Product to you. Beachwaver will pay for shipping to your location if all instructions regarding the method of packaging and shipping the Beachwaver Product are followed and you pay the required $15 warranty processing replacement fee.

(b) No mail-in service required. For service where Beachwaver does not require return of the replaced Beachwaver Product or part, Beachwaver will ship you free of charge a replacement Beachwaver Product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced Beachwaver Product or part. You will be responsible to pay a $15 warranty replacement fee.

LIMITATION OF LIABILITY

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEACHWAVER IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE BEACHWAVER PRODUCT.

THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

GENERAL

No Beachwaver reseller, agent, or employee is authorized to make any modification, extension, or addition to this 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. This Warranty is governed by and construed under the laws of the country in which the Beachwaver Product purchase took place. Beachwaver or its successor in title is the warrantor under this warranty.

Beachwaver Co. Provides a legal guarantee covering any defects that exist at the time of delivery and for a period of two (2) years. Any fault that appears within six (6) months after purchase of the product will be presumed to have existed at time of delivery. Any fault that appears between six (6) months and twelve (12) months after purchase of the product may be presumed to have existed at time of delivery, in the discretion of The Beachwaver Co. Any fault that appears more than twelve (12) months after purchase of the product will require proof from the purchaser that the defect existed at the time of delivery.