Restful Pump®, Inc. Limited Warranty

Restful Pump, Inc. Limited Warranty (“Limited Warranty”)
This Limited Warranty is given by Restful Pump, Inc., whose registered address is at 125 Church Street, Unit 90-171, Pembroke, MA 02359. (“Restful Pump”).

This Limited Warranty is a voluntary manufacturer’s warranty and provides rights separate from and in addition to any statutory rights provided to you by consumer law, which may vary from state to state.

This Limited Warranty covers a Restful Pump Product ‘Purchase,’ which includes any purchase, rental, or lease of a Product. If you believe your product is defective you have the right to submit a claim under this Limited Warranty and/or under applicable consumer law(s), if any.

1. 1. WHAT DOES THIS LIMITED WARRANTY COVER
      
      1. A Restful Pump “Product” includes a new or refurbished Restful Pump-branded product, an Accessory thereto, or a Customer Paid Replacement Part purchased from Restful Pump, a partnered Restful Pump retail location/website, or a Restful Pump authorized reseller in the U.S.
      2. A Restful Pump “Accessory” includes any Restful Pump-branded accessory that is:
         (i) available for purchase on Restful Pump’s website(s), (ii) purchased from a partnered Restful Pump retail location/website, or (iii) purchased from a Restful Pump authorized reseller in the U.S.
      3. A “Customer Paid Replacement Part” includes any genuine Restful Pump replacement Product or Accessory or part thereof and, if applicable, related repair labor completed by an authorized Restful Pump technician, to the extent such replacement part or labor is purchased by you.
      4. Under this Limited Warranty, Restful Pump warrants to you that your Product will function in accordance with its published specifications and shall be free from defects in the materials and workmanship under normal use / wear and tear for the relevant Warranty Period that is set out in the table below at Section 2 of this Limited Warranty. Certain exceptions apply, as further described in Section 4 of this Limited Warranty.
2. WARRANTY PERIODS FOR RESTFUL PUMP PRODUCTS
   
   1. The Limited Warranty period starts from the date of purchase of your Product (or the date of Product delivery, if later) (“Start Date”) and ends 12 months from the Start Date (or the end of your rental period), if earlier (“Warranty Period”).
   2. All claims under this Limited Warranty must be made within the relevant Warranty Period.
   3. Any component of a Product repaired or replaced under this Limited Warranty shall be warranted for the remainder of the original Warranty Period or 30 days, whichever is longer.
3. CONDITIONS OF THE LIMITED WARRANTY
   
   1. This Limited Warranty applies to you if you are the original purchaser (or purchased a rental program) of Restful Pump, or in the case of a gift, the original gift recipient with the original purchase receipt (or code) of the Restful Pump Product, purchased directly from Restful Pump or one of its authorized resellers in the US.
   2. In the event of any claim under this Limited Warranty, you will be able to direct your claims to Restful Pump even in situations where you purchased the Restful Pump Product from an authorized third party.
4. WHAT IS NOT COVERED BY THIS LIMITED WARRANTY
   This Limited Warranty does not apply to:
   
   1. normal wear and tear or normal aging of a Product;
   2. cosmetic damage, including but not limited to corrosion, discoloration of paint or plastic, scratches or any other change in cosmetic appearance that does not affect a Product’s function;
   3. any non-Restful Pump branded products;
   4. any Product missing serial numbers or that are, or that Restful Pump reasonably believes to be, stolen, counterfeit, or purchased from a distributor or reseller unauthorized by Restful Pump;
   5. any Product is moved to a location outside Restful Pump’s delivery areas in the US. The provision of repair labor and other services under this Limited Warranty is limited to Restful Pump’s delivery areas in the US;
   6. damage or failure of a Product to the extent caused by:
      
      1. accidental damage, abuse, neglect, or maintenance or cleaning of the Product (including but not limited to rust or corrosion) that is improper or outside the scope or Restful Pump’s user manuals, technical specifications, set up guides, or published guidance (including the self-assembly instructions) (collectively, “Instructions”);
      2. use that is contrary to the Instructions or for a purpose for which the Product was not intended or beyond its design; improper or negligent assembly of the Product that is contrary to the  Instructions, other than in each case that it is caused by a Restful Pump authorized service technician or at the direction of Restful Pump;
      3. use with a component or product (including a third-party component or part) that is not originally intended for or compatible with the applicable Product(s);
      4. services (including but not limited to attempted or actual assembly, reassembly, maintenance, installation, modification, relocation, or repair) performed by any third-party other than a Restful Pump authorized service technician, except with Restful Pump prior approval and subject to the relevant third-party complying fully wit Restful Pump’s Instructions;
      5. modifications that are unauthorized or not recommended by Restful Pump; or
      6. external causes, including but not limited to water damage, exposure to sharp or foreign objects, exposure to excessive force, electrical wiring (including anomalies in the electrical current supplied to the Product), or extreme thermal or environmental conditions.
   7. incidental or consequential damages, economic loss, loss of property or profits, or loss of enjoyment or use, or other consequential or punitive damages of any nature whatsoever in connection with the purchase, use, repair or maintenance of a Product. Restful Pump will not provide monetary or other compensation for any such repairs or replacement parts costs, including but not limited to work time lost, cost of substitute equipment or accessories, diagnostic visits, maintenance visits or transportation;
   8. any damage or injury incurred during, or as a result of, any move, repair, attempted repair, installation or assembly of equipment by anyone other than a Restful Pump
      authorized service technician. All moves, repairs, installations or assemblies attempted by you or your agents are undertaken AT YOUR OWN RISK and Restful Pump will have no liability for any injury to persons or property arising from such attempted moves, repairs, installations or assemblies given that any attempt to move, repair, install or assemble equipment creates a risk of injury and property damage;
   9. use of the Restful Pump Product for commercial purposes.
5. WHAT WILL RESTFUL PUMP DO
   
   1. If a defect covered by this Limited Warranty arises and you submit a claim to Restful Pump (as set forth in Section 6) within the Warranty Period, Restful Pump will, in its sole discretion and as its sole obligation, either:
      
      1. repair your Product, and such repair may include new or refurbished parts;
      2. replace your Product with a new or refurbished Product at least as functionally equivalent to the replaced Product; or
      3. provide you with a refund for the Product or partial refund based on the time elapsed since delivery of the Product (collectively, “Replacement Options”).
   2. If your Product is a special color or co-branded edition and it or any element thereof is no longer available for Purchase, then Restful Pump may choose to provide the Replacement Option with a comparable model (or component) that does NOT contain the special color or co-branded markings.
   3. All returned parts or components for which you have received a replacement under this Limited Warranty will become the property of, and title to such parts will transfer to, Restful Pump upon receipt of such returned parts or components by Restful Pump.
6. HOW DO YOU OBTAIN WARRANTY SERVICE
   
   1. To make a claim under this Limited Warranty, you must, within seven (7) days of discovering any defect, cease using the Product and contact Restful Pump customer support at Info@RestfulPump.com with:
      
      1. the serial number or order number of your Product (if applicable);
      2. proof of purchase or delivery indicating the date of purchase / delivery;
      3. a description of the defect; and
      4. photographs of the defect where they may assist Restful Pump Customer Support to assess the claim.
   2. If Restful Pump customer support determines that it is necessary for you to return the Product or a component or part thereof to Restful Pump, Restful Pump customer
      support will arrange for a collection of the Product or component or part thereof or provide you with a prepaid shipping label for the return of the Product or component
      or part thereof. You must follow all directions provided by Restful Pump customer support and ensure that the allegedly defective Product or component or part thereof
      is properly packed to protect it from damage during shipping. If you do not do so, Restful Pump will not be responsible for any damage that occurs to the Product
      or component or part thereof during shipment.
   3. Restful Pump will be responsible for any collection or shipping costs associated with returning the Product or components to Restful Pump.
   4. Claims under this Limited Warranty must be received by Restful Pump customer support within the Warranty Period.
7. ADDITIONAL INFORMATION
   
   1. Restful Pump will maintain and use any personal information received during a warranty claim under this Limited Warranty in accordance with its Privacy Policy available at: https://restfulpump.shop/privacy-policy/.
   2. No employee or representative of Restful Pump or any third party is authorized to make any modification, extension or addition to this Limited Warranty. If any term of this
      Limited Warranty is held to be illegal or unenforceable, the remaining terms of this Limited Warranty will remain in full force and effect
   3. Any disputes between you and Restful Pump related to this Limited Warranty or the Product will be governed by the then-current dispute resolution procedures in Restful
      Pump’s Terms of Service, available at https://restfulpump.shop/product-evaluation-terms-conditions/
   4. THIS LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES, WHETHER ORAL, WRITTEN,
      STATUTORY, EXPRESS OR IMPLIED AND SUPERSEDES ANY PRIOR, CONTRARY OR ADDITIONALREPRESENTATIONS;
   5. RESTFUL PUMP DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY. TO THE EXTENT SUCH IMPLIED WARRANTIES CANNOT BE ISCLAIMED, RESTFUL PUMP LIMITS THE DURATION OF SUCH IMPLIED WARRANTIES TO THE WARRANTY PERIOD.
   6. RESTFUL PUMP’S LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL RESTFUL PUMP UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.