1 Year Limited Warranty

CleverPet’s warranty obligations for this hardware product are limited to the terms set forth below:

CleverPet, Inc. ("CleverPet") warrants the CleverPet-branded hardware product against defects in materials and workmanship under normal use for a period of ONE (1) YEAR from the date of retail purchase by the original end-user purchaser ("Warranty Period").

If a hardware defect arises and a valid claim is received within the Warranty Period, at its sole discretion and to the extent permitted by law, CleverPet will either

(1) repair the hardware defect at no charge, using new or refurbished replacement parts, or

(2) exchange the product with a product that is new or which has been manufactured from new or serviceable used parts and is at least functionally equivalent to the original product. Replacement parts or units exchanged 30 days after purchase may be lightly used.

CleverPet may request that you replace defective parts with new or refurbished user-installable parts that CleverPet provides in fulfillment of its warranty obligation. A replacement product or part, including a user-installable part that has been installed in accordance with instructions provided by CleverPet, assumes the remaining warranty of the original product or thirty (30) days from the date of replacement or repair, whichever provides longer coverage for you. When a product or part is exchanged, any replacement item becomes your property and the replaced item becomes CleverPet's property.

Parts provided by CleverPet in fulfillment of its warranty obligation must be used in products for which warranty service is claimed. When a refund is given, the product for which the refund is provided must be returned to CleverPet and becomes CleverPet's property.

Such repair or exchange shall constitute complete fulfilment of all of CleverPet’s obligations under this limited warranty and shall preclude any additional right of compensation or damages.

 

Exclusions And Limitations

This Limited Warranty applies only to hardware products manufactured by or for CleverPet that can be identified by the "CleverPet" trademark, trade name, or logo affixed to them. The Limited Warranty does not apply to any non-CleverPet hardware products or any software, even if packaged or sold with CleverPet hardware.

Manufacturers, suppliers, or publishers, other than CleverPet, may provide their own warranties to the end user purchaser, but CleverPet, in so far as permitted by law, provides their products "as is". Software distributed by CleverPet with or without the CleverPet brand name (including, but not limited to system software) is not covered under this Limited Warranty. Refer to the licensing agreement accompanying the software for details of your rights with respect to its use. CleverPet does not warrant that the operation of the product will be uninterrupted or error-free. CleverPet is not responsible for damage arising from failure to follow instructions relating to the product's use. This limited warranty does not apply:

(a) to damage caused by accident, abuse, misuse, flood, fire, earthquake, or other external causes;

(b) to damage caused by operating the product outside the permitted or intended uses described by CleverPet;

(c) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of CleverPet;

(d) to a product or part that has been modified to alter functionality or capability without the written permission of CleverPet;

(e) to consumable and mechanical platform parts unless damage has occurred due to a defect in materials or workmanship;

(f) to cosmetic damage, including but not limited to scratches, dents, and broken plastic on ports.

THERE ARE NO EXPRESS WARRANTIES OTHER THAN THOSE LISTED AND DESCRIBED ABOVE, AND NO WARRANTIES WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, SHALL APPLY THE EXPRESS WARRANTY PERIOD STATED ABOVE, AND NO OTHER EXPRESS WARRANTY OR GUARANTEE GIVEN BY ANY PERSON, FIRM OR CORPORATION WITH RESPECT TO THIS PRODUCT SHALL BE BINDING ON CLEVERPET. THERE IS NO WARRANTY THAT EXTENDS BEYOND THE FACE OF THIS LIMITED WARRANTY.

Except as provided in this warranty and to the maximum extent permitted by law, CleverPet is not responsible for loss or revenue or profits, failure to realize savings or other benefits, loss of opportunity, loss of goodwill, damage to, compromise or corruption of data, or any other special, incidental or consequential damages caused by the use, misuse or inability to use this product, or any other breach of any warranty or condition regardless of the legal theory on which the claim is based, even if CleverPet has been advised of the possibility of such damages. Nor shall recovery of any kind against CleverPet be greater than the purchase price of the Product. Without limiting the foregoing, purchaser assumes all risk and liability for loss, damage of injury to purchaser and purchaser’s property and to others and their property arising out of the use, misuse or inability to use this product sold by CleverPet not caused directly by the negligence of CleverPet.

This limited warranty shall not extend to anyone other than the original purchaser of this product, is nontransferable and states your exclusive remedy.

Some states do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights, which vary from state to state.

 

Obtaining Warranty Service

To obtain warranty service, you must deliver the Product, freight prepaid, in either its original packaging or packaging providing an equal degree of protection, to the address specified by CleverPet. In accordance with applicable law, CleverPet 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 CleverPet will not be responsible for any such damage or loss. For specific instructions on how to obtain warranty service please email support@clever.pet.

 

Governing Law and Arbitration

This Limited Warranty shall be governed by the laws of the State of California without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any claim or dispute in connection with this Limited Warranty shall be resolved in a cost effective manner through binding non-appearance-based arbitration.

The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the foregoing arbitration clause does not apply for any reason, you agree to submit to the personal jurisdiction of the state courts located within San Diego, California.