1. LIMITED WARRANTY
CoolGear Inc. (“CoolGear”) hereby warrants to you, the original purchaser and end user (“you” or “your”), that the products you purchased which accompany this Limited Warranty (“Products”) shall be free from defects in materials and workmanship under normal use consistent with the accompanying documentation for the period commencing upon the date of purchase and continuing for the following specified period of time after that date (as applicable, the “Warranty Period”).
Product Standard Warranty
One (1) Year Warranty from Date of Purchase Invoice. CoolGear will repair or replace any Product determined to be defective and which has been returned, at your risk and expense, to CoolGear. Where CoolGear determines in its sole judgment that repair or replacement of such Product is not reasonable, CoolGear will keep the non-conforming Product and refund to you the amount you paid for such Product. Returned Products shall be subject to the balance of the Warranty Period otherwise applicable. Any reconditioned parts used by CoolGear shall be subject to all the same provisions as otherwise applicable to new parts. THE FOREGOING DESCRIBES COOLGEAR’S SOLE LIABILITY, AND YOUR SOLE REMEDY, FOR ANY BREACH OF WARRANTY. IF YOU DO NOT AGREE WITH THE TERMS OF THIS LIMITED WARRANTY, YOU MUST RETURN THE PRODUCTS UNUSED AND IN THEIR ORIGINAL CONTAINERS TO YOUR ORIGIN OF PURCHASE.
2. WARRANTY EXCLUSIONS AND LIMITATION OF LIABILITY
This Limited Warranty does not cover: (i) defects or damages resulting from acts of God, casualty, accident, misuse or abuse, neglect, alterations, service or repair by other than CoolGear, including without limitation by you; (ii) improper installation or de-installation, operation or maintenance, improper connections with peripherals or other causes not arising out of defects in the materials or workmanship of Products; (iii) any Product for which the warranty sticker has been removed, modified or defaced; (iv) normal wear and tear; (v) damage to or loss of repaired or replaced Products during shipping by CoolGear except when such damage or loss is caused by poor or inadequate packaging by CoolGear; or (vi) Products purchased outside the United States. UNDER NO CIRCUMSTANCES WILL COOLGEAR BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF BUSINESS OR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, EVEN IF COOLGEAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL LIABILITY OF COOLGEAR HEREUNDER EXCEED THE GREATER OF $50.00 OR THE AMOUNT YOU ACTUALLY PAID FOR THE PRODUCT GIVING RISE TO SUCH LIABILITY, REGARDLESS OF THE CAUSE OF ACTION, IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. NOT ALL JURISDICTIONS ALLOW SUCH LIMITATIONS OF DAMAGES SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
3. PROCEDURE FOR WARRANTY SERVICE
Prior to returning any Products to CoolGear for warranty service, you must first contact CoolGear, either by telephone at 1-727-209-1300 or email at email@example.com to confirm that such Products are covered by this Limited Warranty. If such Products are so covered, you shall obtain from CoolGear a return materials authorization (“RMA”) number and shipping instructions prior to any shipment of such Products to CoolGear, and you must include such RMA number with any corresponding Product shipment, along with a true and correct copy of the original receipt showing the date of Product purchase by you, and a detailed, written description of any associated Product problems. Please note that you are responsible for all shipping charges incurred in returning an item for exchange or repair. CoolGear shall pay for return shipping of repaired and/or replaced Products to addresses within the United States only, and return shipments to all other addresses outside of the United States is your responsibility. If CoolGear determines that any Product is not covered by this Limited Warranty, you must pay all parts, labor charges and return shipping for such Product.
4. WARRANTY DISCLAIMER AND LIMITATIONS
EXCEPT AND TO THE EXTENT EXPRESSLY SET FORTH ABOVE THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND COOLGEAR EXPRESSLY DISCLAIMS ALL WARRANTIES NOT STATED HEREIN. EXCEPT AND TO THE EXTENT EXPRESSLY SET FORTH ABOVE, THE PRODUCTS ARE PROVIDED ON AN “AS IS” BASIS, AND COOLGEAR MAKES NO ADDITIONAL WARRANTIES, EXPRESS, IMPLIED, ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, OR STATUTORY, AS TO THE PRODUCTS OR ANY MATTER WHATSOEVER. THIS IS A LIMITED WARRANTY AND IS THE ONLY WARRANTY MADE BY COOLGEAR. THE AGENTS, EMPLOYEES, DISTRIBUTORS, AND DEALERS OF COOLGEAR ARE NOT AUTHORIZED TO MAKE MODIFICATIONS TO THIS LIMITED WARRANTY, OR MAKE ADDITIONAL WARRANTIES BINDING ON COOLGEAR. ACCORDINGLY, ADDITIONAL STATEMENTS SUCH AS DEALER ADVERTISING OR PRESENTATION, WHETHER ORAL OR WRITTEN, DO NOT CONSTITUTE WARRANTIES BY COOLGEAR AND SHOULD NOT BE RELIED UPON. COOLGEAR DOES NOT WARRANT THAT THE PRODUCTS WILL OPERATE WITHOUT FAILURE, OR THAT THE PRODUCTS WILL MEET YOUR NEEDS OR EXPECTATIONS. NOT ALL JURISDICTIONS ALLOW SUCH WARRANTY LIMITATIONS SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
5. CHOICE OF LAW AND JURISDICTION
This Limited Warranty shall be subject solely to the laws of the State of California as applied to contracts entered into in the State of California between California residents. Any dispute arising hereunder shall be subject to the sole jurisdiction of the State and Federal Courts located in Los Angeles, Florida. The parties hereby consent to the personal jurisdiction of such courts.
CoolGear is a registered trademark of CoolGear, Inc. The name or logo of CoolGear may not be used in advertising or publicity pertaining to distribution of this information without specific, written prior permission. The information contained in this website is subject to change without notice. We are not responsible for typographical, technical, or descriptive errors of products herein.
RETURN POLICY AND 30 DAY LIMITED GUARANTEE
All returns require a Return Authorization number to be issued prior to being returned. Returned products must be in new condition, include original outer packaging, all disks, registration cards, inner packing materials and other accessories and be received within 30 days of the date shipped. We reserve the right to refuse for return or charge a restocking fee for damaged, incomplete or otherwise non-conforming returns. Returns will not be accepted without a Return Authorization number issued by CoolGear.
There are no other express warranties or conditions respecting the equipment. Implied warranties, if any, are limited to the duration of the express warranty provided herein. Some states do not allow limitations on how long an implied warranty lasts so that the foregoing limitation may not apply to you.
LIMITATION OF LIABILITY
In no event shall CoolGear or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential damages including but not limited to loss of use, loss of data, loss of business or profits. Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
RISK OF LOSS
If the Customer provides CoolGear with Customer’s carrier account number or selects a carrier other than a carrier that regularly ships for CoolGear, title to products and risk of loss or damage during shipment passes from CoolGear to Customer upon shipment from CoolGear’s facility. For all other shipments, title to products and risk of loss or damage during shipment passes from CoolGear to Customer upon receipt by Customer.
AGREEMENT TO RESOLVE ALL DISPUTES THROUGH ARBITRATION OR IN SMALL CLAIMS COURT AND AGREEMENT TO WAIVE A RIGHT TO JURY TRIAL AND TO PARTICIPATION IN CLASS ACTIONS
You and CoolGear agree to resolve any controversy, dispute, or claim arising out of or relating to your purchase of any product or service from CoolGear by binding Arbitration administered by the American Arbitration Association, or in a small claims court, and judgment on the arbitration award rendered by the Arbitrator'(s) may be entered in a court having competent jurisdiction. This agreement to arbitrate is intended to be broadly interpreted and covers all controversies, disputes, claims arising out or relating to your purchase including, but not limited to contract claims, tort claims and statutory claims, or any combination of claims. We agree that the arbitration or small claim proceeding will take place in Los Angeles County, California. We agree that the American Arbitration Association shall administer the arbitration, and that the American Arbitration Association’s Commercial Arbitration Rules and Mediation Procedures and Consumer Related Disputes Supplementary Procedures, if applicable, shall apply. These Arbitration Rules may be found on the American Arbitration Association’s web site at www.adr.org . You and CoolGear agree that the Arbitration Award maybe taken to a Court of competent jurisdiction to become an enforceable judgment. You and CoolGear agree that any arbitration under this Agreement will take place on an individual basis. Class arbitrations and class actions are not permitted. If you wish to begin arbitration against CoolGear you must file a case with the American Arbitration Association. You may visit the American Arbitration Association’s web site at www.adr.org to obtain forms and guidance and to learn the procedure for filing a case under this Arbitration Agreement. This Arbitration Agreement affects your legal rights. An arbitration is resolved by a neutral party and not a judge or jury. There is less discovery and less exchange of information between the parties to an arbitration than might occur in a court proceeding. An arbitration award is final and binding and will only be overturned or reversed by a court in very limited circumstances. You agree that, by entering into this Agreement, you and CoolGear.com are each waiving the right to a trial by jury or to participate in a class action.