Manufacturer’s Limited Product Warranty
SunSoaker™ provides this Limited Product Warranty is provided to you, the original purchaser and/or first end user of the SunSoaker™ product(s) included in the original unopened sales package (“Product”). This Limited Product Warranty is valid and enforceable in the country where you have purchased the Product, provided that (i) SunSoaker™ has approved the Product for resale in that particular country and (ii) SunSoaker™ warranty service is available in that particular country.
SunSoaker™ warrants to you that, during the warranty period, SunSoaker™, an authorized SunSoaker™ retailer, or SunSoaker™ authorized service company will in a commercially reasonable timeframe remedy any defects in materials, design, and workmanship free of charge by repairing or, at SunSoaker™’s sole discretion, replacing the Product in accordance with this Limited Product Warranty.
Limited Product Warranty Period
The Limited Product Warranty period is for two (2) years and starts on the date of the Product’s original purchase by the original purchaser and/or first end-user.
The Limited Product Warranty Period will not be extended or renewed or otherwise affected due to any subsequent resale, authorized repair, or replacement of the Product. However, any parts repaired or replaced during the Limited Product Warranty period will be warranted for either the remainder of the original Limited Product Warranty period or for sixty (60) days from the date of repair or replacement, whichever is longer.
How to get SunSoaker™ warranty service:
If you wish to make a claim under this Limited Product Warranty, please return your Product or the affected part to the SunSoaker™ retailer from which you purchased the Product. You can also call SunSoaker™ directly for further details and support with making a warranty claim.
Any claim under this Limited Product Warranty is subject to you notifying SunSoaker™, or the authorized SunSoaker™ retailer from which you purchased the Product, of the alleged defect within thirty (30) days of it having come to your attention and in any event no later than the expiration of the Limited Product Warranty period.
When making a claim under this Limited Product Warranty you will be required to provide: a) the Product (or the affected part) and b) the original proof of purchase, which clearly indicates the name and address of the seller, the date and place of purchase, and the name of the Product purchased. Product(s) returned directly to SunSoaker™ for repair, replacement, or service under this Limited Product Warranty will be assigned a Return Authorization Number (RAN) and cannot be accepted by SunSoaker™ unless accompanied by an approved RAN.
What is not covered:
- 1. This Limited Warranty does not cover defects caused by rough and otherwise improper handling (including, but not limited to, defects caused by sharp items or by folding, bending, creasing, dropping, etc.) or defects or damage caused by any misuse of the Product, including uses that are contrary to the instructions provided by SunSoaker™ (e.g., as set out in the User Guide), shipping and handling costs and expenses, and other acts beyond the reasonable control of SunSoaker™.
- 2. This Limited Product Warranty does not cover defects or alleged defects to SunSoaker™ or any device connected to SunSoaker™ that have been caused by any product, accessory, software, or service not manufactured or supplied by SunSoaker™ or was used other than explicitly for its intended use.
- 3. This Limited Product Warranty is not enforceable if the SunSoaker™ solar panel or USB port has been opened, modified, or repaired by anyone other than SunSoaker™ or an authorized service center.
- 4. This Limited Product Warranty is voided and otherwise not enforceable if the Product has been exposed to water, moisture, dampness, dirt and dust, extreme thermal or environmental conditions or to rapid changes in such conditions, to corrosion, to oxidation, to spillage of food or liquid, or to influence from chemical products.
Limitation of SunSoaker™’s Liability
This Limited Product Warranty is your sole and exclusive remedy against SunSoaker™ and SunSoaker™’s sole and exclusive liability in respect to defects in your Product. This Limited Product Warranty replaces all other SunSoaker™ warranties and liabilities, whether oral, written, contractual, in tort, or otherwise, including, but not limited to and where permitted by applicable law, any implied conditions, warranties, or other terms as to satisfactory quality or fitness for purpose.
EXCEPT WHERE PROHIBITED BY LAW, THE OBLIGATIONS CONTAINED IN THIS LIMITED PRODUCT WARRANTY ARE EXPRESSLY IN LIEU OF ANY OTHER OBLIGATIONS, GUARANTEES, AND WARRANTIES, WRITTEN OR ORAL, EXPRESS OR IMPLIED, WHETHER BY STATUTE OR AT LAW, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATIONS OR LIABILITY ON THE PART OF SUNSOAKER™, ITS PREDECESSORS, SUCCESSORS, PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR EMPLOYEES, OFFICERS, DIRECTORS, MANAGERS, ATTORNEYS, AGENTS, AND ASSIGNS (COLLECTIVELY “SUNSOAKER”). IN NO EVENT SHALL SUNSOAKER BE LIABLE FOR PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, loss of business, loss of contracts, loss of revenues or loss of anticipated savings, increased costs or expenses or for any indirect loss or damage, OR ANY INJURY TO ANY PERSONS, THAT MAY OCCUR AS A RESULT OF THE USE OF THE PRODUCT OR AS A RESULT OF ANY BREACH OF THIS LIMITED PRODUCT WARRANTY. SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CERTAIN OWNERS OF THE PRODUCT. NO ARBITRATION OR ACTION FOR BREACH OF THIS LIMITED PRODUCT WARRANTY OR ANY OTHER ACTION AGAINST SUNSOAKER RELATING TO OR ARISING OUT OF THE PRODUCTS OR THEIR PURCHASE SHALL BE BROUGHT LATER THAN ONE YEAR AFTER ANY CAUSE OF ACTION HAS ACCRUED. IN JURISDICTIONS WHERE STATUTORY CLAIMS OR IMPLIED WARRANTIES CANNOT BE EXCLUDED, ALL SUCH STATUTORY CLAIMS, IMPLIED WARRANTIES, AND ALL RIGHTS TO BRING ACTIONS FOR BREACH THEREOF EXPIRE ONE YEAR (OR SUCH LONGER PERIOD OF TIME IF MANDATED BY APPLICABLE LAW) AFTER THE DATE OF PURCHASE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO CERTAIN OWNERS OF PRODUCTS. THIS LIMITED PRODUCT GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION HEREIN SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION WHICH SHALL REMAIN IN FULL FORCE AND EFFECT.
To the extent permitted by applicable law, SunSoaker™’s liability shall be limited to the original purchase price of the Product as verified by the original purchase sales receipt.
To the extent that this Limited Product Warranty is inconsistent with applicable law, this Limited Product Warranty is hereby modified to be consistent with such applicable law. If an arbitrator or court determines that any term in this Limited Product Warranty is illegal or unenforceable, the parties intend for the arbitrator or court to interpret or modify this Limited Product Warranty to the effect the original intent of the parties as closely as possible while rendering the term and this Limited Product Warranty fully legal and enforceable. If a term in this Limited Product Warranty cannot be rendered legal and enforceable accordingly, the parties intend for the arbitrator or court to sever the illegal or unenforceable term from this Limited Product Warranty, leaving the remainder of this Limited Product Warranty enforceable.
EVERY CLAIM, CONTROVERSY, OR DISPUTE OF ANY KIND WHATSOEVER, INCLUDING WHETHER ANY PARTICULAR MATTER IS SUBJECT TO ARBITRATION (EACH, AN “ACTION”), BETWEEN THE OWNER OF THE PRODUCT AND SUNSOAKER, RELATING TO OR ARISING OUT OF THE PRODUCT OR THIS LIMITED PRODUCT WARRANTY SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, REGARDLESS OF WHETHER THE ACTION SOUNDS IN WARRANTY, CONTRACT, STATUTE, OR ANY OTHER LEGAL OR EQUITABLE THEORY. TO ARBITRATE AN ACTION AGAINST SUNSOAKER, THE OWNER OF THE PRODUCT MUST INITIATE THE ARBITRATION IN ACCORDANCE WITH THE APPLICABLE RULES OF ARBITRATION OF THE AMERICAN ARBITRATION ASSOCIATION (WHICH ARE AVAILABLE ONLINE AT WWW.ADR.ORG OR BY CALLING THE AMERICAN ARBITRATION ASSOCIATION AT 1‐800‐778‐7879) AND PROVIDE WRITTEN NOTICE TO SUNSOAKER AT [921 S. BURLESON BLVD, BURLESON, TX 76028] WITHIN THE TIME PERIOD PRESCRIBED BY LAW. SUNSOAKER AND THE OWNER OF THE PRODUCT HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY. THE ARBITRATOR MAY AWARD INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM. SUNSOAKER AND THE OWNER OF THE PRODUCT MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, THE OWNER OF THE PRODUCT AGREES THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIM, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. TO THE EXTENT APPLICABLE, THIS LIMITED PRODUCT WARRANTY SHALL BE INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS.
NOTE: Your Product is a sophisticated electronic device. SunSoaker™ is a solar charging device and requires full, direct sun for optimized charging and use. SunSoaker™ strongly encourages you to familiarize yourself with the User Guide and user instructions provided with the Product.