Limited Warranty Coverage and Period of Coverage
The following limited warranty (“Limited Warranty”) is provided by FenSens, Inc. (“FenSens”) and is applicable to your FenSens Smart Wireless Parking Sensor device, including the software in the product (“Products”). The Limited Warranty is effective upon FenSens’ receipt of your payment in full for such Products. We make no express warranties regarding any Product except those expressly stated in this Limited Warranty. This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
PLEASE NOTE THAT THIS LIMITED WARRANTY CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES IN CERTAIN CIRCUMSTANCES, RATHER THAN JURY TRIALS OR CLASS ACTION LAWSUITS. VIEW THESE TERMS HERE.
FenSens warrants to the owner of its Products that the Products will conform to their specifications for a period of one (1) year from the owner’s original date of purchase (“Warranty Period”). If the Products fail to conform to this Limited Warranty during the Warranty Period, FenSens will, at its sole discretion, either (a) repair or replace any defective Product or component; or (b) accept the return of the Product and refund the money actually paid by the original purchaser for the Product. Repair or replacement may be made with a new or refurbished Product or components, at FenSens’ sole discretion. If the Products or a component incorporated therein are no longer available, FenSens may, at FenSens’ sole discretion, replace the Product with a similar Product of similar function. Such repairs or replacements are your sole and exclusive remedy for any breach of this Limited Warranty. Any Product that has either been repaired or replaced under this Limited Warranty will be covered by the terms of this Limited Warranty for the longer of (i) ninety (90) days from the date of delivery of the repaired Product or replacement Product, or (ii) the remaining Warranty Period. This Limited Warranty is transferable from the original purchaser if the applicable Product is transferred to a subsequent owner, but the Warranty Period will not be extended in duration or expanded in coverage due to any such transfer.
Before making a claim under this Limited Warranty, the owner of the Product must (a) contact FenSens customer support at email@example.com and notify FenSens of the owner’s intention to bring such claim during the Warranty Period and provide a description of the alleged failure, and (b) comply with FenSens’ return shipping instructions. FenSens has no warranty obligations with respect to a returned Product if it determines, in its reasonable discretion after examination of the returned Product, that the Product is an Ineligible Product (defined below). If a warranty claim is approved by FenSens, FenSens will bear all costs of return shipping of the Product to the applicable owner, except with respect to any Ineligible Product, for which such owner will bear all shipping costs.
WHAT THIS LIMITED WARRANTY DOES NOT COVER
This Limited Warranty does not cover “Ineligible Products,” which are products marked as “sample” or “Not for Sale”, or sold “AS IS”; or any Products that have been subject to: (a) modifications, alterations, tampering, or improper maintenance or repairs; (b) handling, storage, installation, testing, or use not in accordance with the installation and safety guides for such Product or other instructions provided by FenSens; (c) abuse or misuse of the Product; (d) Acts of God, including but not limited to lightning, flood, tornado, earthquake, or hurricane; or (e) damage caused by a collision or if the Product is dropped, hit, bent or crushed, exposed to extreme heat or cold, or submerged in water. This Limited Warranty does not cover (i) consumable parts, including batteries, dash mount adhesive and phone plate adhesive, unless damage is due to a failure of the Product to conform to its specifications, or software (even if such consumable parts or software are packaged or sold with the Product); or (ii) normal wear and tear, including cosmetic damage caused by exposure to the elements or damage such as scratches, dents or chips. Unauthorized use of the Product or its software can impair the Product’s performance and may invalidate this Limited Warranty.
FenSens shall not be liable to you for a failure or delay in its performance of any of its obligations under this Limited Warranty to the extent that such failure or delay is caused by events such as fire, riot, flood, labor disputes, natural disaster, regulatory action, internet or telecommunications failures, terrorist acts, or other causes beyond FenSens’ reasonable control.
ANY USE OF THE PRODUCTS, INCLUDING ANY RELIANCE UPON OR USE ANY OF THE INFORMATION THEREIN, SHALL BE AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE PRODUCTS ARE PROVIDED BY FENSENS “AS IS” AND “AS AVAILABLE.” YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE ANY SIMILAR PROVISION IN ANY OTHER JURISDICTION.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FENSENS ALSO LIMITS THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES OR CONDITIONS TO THE DURATION OF THIS LIMITED WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
LIMITATION OF LIABILITY
IN NO EVENT SHALL FENSENS OR ANY OF ITS LICENSORS OR INFORMATION PROVIDERS AND OTHER SUPPLIERS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES AND AGENTS (COLLECTIVELY, “FENSENS PARTIES”) BE LIABLE TO YOU OR ANY USER IN CONNECTION WITH THE PRODUCTS FOR ANY SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR FOR LOSS OF PROFITS, REVENUE, USE, OR DATA, IN EACH CASE ARISING UNDER ANY THEORY, INCLUDING UNDER WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF SUCH FENSENS PARTY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
THE FENSENS PARTIES’ AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY CLAIMING THROUGH YOU IN CONNECTION WITH THE PRODUCTS IS LIMITED TO THE AMOUNT INVOICED TO YOU FOR THE APPLICABLE PRODUCT.
GOVERNING LAW AND ARBITRATION; NO CLASS ACTIONS
This Limited Warranty, and any claim, cause of action or dispute (“claim”) arising out of or related to this Limited Warranty shall be governed by the laws of the State of Delaware regardless of your country of origin or where you use the Product. ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO THESE TERMS OR THE OFFERINGS WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT, except for FenSens’ right to seek injunctive relief as set forth below.
If you do not want to arbitrate disputes with FenSens and you are an individual, you may opt out of this arbitration agreement by sending an email to legal@FenSens.com within 30 days of the day you first access or use the Offerings.
If you intend to seek arbitration you must first send written notice to FenSens’ Customer Service Center of your intent to arbitrate (“Notice”). The Notice to FenSens should be sent by any of the following means: (i) electronic mail to legal@FenSens.com; or (ii) sending the Notice by U.S. Postal Service certified mail to FenSens, Inc., Attention: Legal, 383 E. Laurel Rd, Bellingham, WA 98226 The Notice must (x) describe the nature and basis of the Claim; and (y) set forth the specific relief sought; and (z) set forth your name, address and contact information. If we intend to seek arbitration against you, we will send any notice of dispute to you at the contact information we have for you.
The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the American Arbitration Association (“AAA”) under its AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes, as modified by these Terms. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of these Terms. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. We will reimburse all other AAA filing, administration and arbitrator fees paid by you, unless the arbitrator determines that the arbitration was frivolous or brought for an improper purpose, in which case the payment of all such fees shall be governed by the AAA rules. The arbitration will be conducted in the English language. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. For any claim where the potential award is reasonably likely to be $10,000 or less, either you or FenSens may elect to have the dispute resolved through non-appearance-based arbitration.
To the fullest extent permitted by applicable law, YOU AND FENSENS EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, YOU AND FENSENS EACH WAIVE ANY RIGHT TO A JURY TRIAL. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, You and FenSens agree that all Claims arising out of or related to this Limited Warranty must be resolved exclusively by a state or federal court located Santa Clara County, California, and you and FenSens each agree to submit to the exercise of personal jurisdiction of such courts for the purpose of litigating all such claims. Notwithstanding the above, you agree that FenSens shall still be allowed to apply for and obtain injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
NOTICE AND CONTACT
Any notices given by you under this Limited Warranty shall be given in writing or by email and shall be delivered to the following address:
383 E. Laurel Rd
Bellingham, WA 98226
If you would like to contact FenSens customer support please email at info@FenSens.com
YOUR RIGHTS AND THIS LIMITED WARRANTY
This Limited Warranty gives you specific legal rights. You may also have other legal rights that vary by state, province, or jurisdiction. Likewise, some of the limitations in this Limited Warranty may not apply in certain states, provinces or jurisdictions. The terms of this Limited Warranty will apply to the extent permitted by applicable law. For a full description of your legal rights you should refer to the laws applicable in your jurisdiction and you may wish to contact a relevant consumer advisory service.
Warranty active as of July 1, 2017.