paby inc. (“paby”) standard one (1) year limited product warranty (the “limited product warranty”)
some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages or allow limitations on how long an implied warranty or condition may last, so the limitations or exclusions described below may not apply to you to the extent they are inconsistent with your jurisdiction’s applicable law. this limited warranty gives you specific legal rights, and you may also have other rights under state, federal or other applicable jurisdicitonal law.
paby’s warranty obligations for this hardware product are limited to the terms set forth below: paby warrants to the original purchaser that your hardware product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase (“warranty period”). whether a defect occurs will be determined solely with reference to the product documentation. if a hardware defect arises and a valid claim is received by paby within the warranty period, paby will, in its sole and exclusive discretion and to the extent permitted by law, either (1) repair (or request that you repair pursuant to the next succeeding sentence) the product at no charge, using new parts or reconditioned parts equivalent to new in performance and reliability, (2) exchange the product with a product that is new or equivalent to new in performance and reliability and is at least functionally equivalent to the original product, or (3) refund the purchase price of the product (but not the purchase price of the paby service(s) included with the product), provided that you return the product to paby as provided below. paby may request that you replace defective parts with new or refurbished user‐installable parts that paby 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 paby, assumes the remaining warranty of the original product or ninety (90) days from (1) the date of replacement or repair, or (2) in the case of user-installable parts, the date that is ten (10) days after the date that paby ships the parts to you), whichever provides longer coverage for you. when a product or part is exchanged, any replacement item becomes your property and the replaced item becomes paby’ property. parts provided by paby in fulfillment of its warranty obligation must be used in products for which warranty service is claimed. when a refund is given, paby may require that the product for which the refund is provided is returned to paby, at which time it shall become paby’ property. consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods, including, without limitation, national laws implementing ec directive 99/44. these rights are not affected by the warranties in this limited product warranty.
exclusions and limitations
this limited product warranty applies only to the hardware product manufactured by or for paby that can be identified by the “paby” trademark, trade name, or logo annexed to it, provided however, the limited product warranty does not include accessories even if identified by the “paby” trademark, trade name or logo. further the limited product warranty does not apply to any software, including software embedded in the paby product, or non‐paby hardware, even if packaged or sold with the paby hardware. manufacturers, suppliers, or third parties other than paby may provide their own warranties, but paby, to the extent permitted by law and except as otherwise specifically set forth herein, provides its products “as is”. software distributed by paby with or without the paby brand name (including, but not limited to system software) is not covered under this limited product warranty. refer to the end user license agreement (eula) at www.paby.com/terms-of-use for details of your rights and obligations with respect to the use of such software. paby does not warrant that the operation of the product will be uninterrupted or error‐free. paby is not responsible for damage arising from any failure to follow instructions relating to the product’s use. transfer or resale of the hardware product will automatically terminate warranty coverage with respect to such product. this limited product warranty is not transferable to any third party, including but not limited to any subsequent purchaser, owner or user of the product. this limited product warranty does not apply: (a) if damage or defects are caused by customer or other third party abuse, accident, neglect, improper handling, utilization or installation, or by failing to operate the product in compliance with the user manual, quick start guide or other user guides or product documentation; (b) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials and workmanship by paby; (c) if damage or defects are caused by the battery being tampered with to cause a short‐circuit, or if the seals of the battery enclosure or the cells are broken or show evidence of tampering; (d) if damage or defects are caused by a defective function of the wireless network or if the product software needs to be upgraded due to changes in wireless network parameters; (e) to cosmetic damage, including but not limited to scratches, dents, broken plastic on parts or any physical damage to the surface of the product; (f) if damage or defects are caused by rough handling, physical moisture damage or extreme thermal or environmental conditions or a rapid change in such conditions, corrosion, oxidation, unauthorized modifications or connections, unauthorized opening or repair, repair by use of unauthorized spare parts, accidents, forces of nature, or other actions beyond the reasonable control of paby; (g) in the case of the charging base station and other components other than the tracking device, if damage or defects are caused by exposure to moisture or dampness; and, in the case of the tracking device, if damage or defects are caused by submersion in water beyond one meter for longer than thirty minutes; (h) if damage or defects are caused by the product being used with or connected to an accessory not approved or certified by paby; (i) if damage or defects are caused by accident, abuse, misuse, flood, fire, earthquake or other external causes beyond the reasonable control of paby; (j) if damage or defects are caused by operating the product outside of the permitted or intended uses described by paby; (k) if damage or defects are caused by service (including upgrades and expansions) performed by anyone who is not a representative of paby or a paby authorized retailer or service provider; (l) if a product or part has been modified to alter functionality or capability without the written permission of paby; (m) if any serial number has been removed or defaced, (n) to a recalled product, part or component, if a replacement product, part or component was made available by paby, or (o) to commercial use of the product.
important: do not open the hardware product itself. opening the hardware product may cause damage that is not covered by this limited product warranty. only paby or a paby authorized service provider should perform service on this hardware product.