iBalans LLC Limited Warranty for WAV® Sensorimotor Training Products
WHAT DOES THIS LIMITED WARRANTY COVER?
This Limited Warranty covers damage and defects in workmanship and materials in your new and genuine WAV® Sensorimotor Trainer exercise products purchased through iBalans LLC or an authorized re-seller, which occur and which are properly identified to iBalans during the Warranty Period. This Limited Warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
WHO DOES THE LIMITED WARRANTY COVER & HOW LONG DOES THE COVERAGE LAST?
This Limited Warranty covers the original purchaser only and runs for a period of one year (“Warranty Period”), from the original purchase date. This Limited Warranty is non-transferable and is your sole and exclusive remedy. This Limited Warranty does not include various damage or defects resulting from misuse or from failure to properly care or maintain the product, as described further below.
HOW Will IBALANS LLC Fulfill this WARRANTY?
Should your WAV® Sensorimotor Trainer exercise product break or fail under normal use during the Warranty Period due to damage or defect in workmanship or materials, then as your exclusive remedy, iBalans will, at its option, either refund you the original purchase price paid for the product, or replace the product with a functionally equivalent product at no further expense to you. You will be responsible to timely notify iBalans of the warranty claim and to provide proof of original purchase. As noted below, you will be responsible to ship the product back to iBalans for its inspection and confirmation, at your expense.
WHAT DOES THIS LIMITED WARRANTY NOT COVER?
This limited warranty does not cover injuries, damage or loss to you or third parties resulting directly or indirectly from use of the products. It does not warrant or guaranty that the product will be suitable for you or for your use in any given instance, or that it will be appropriate for your intended purpose. iBalans recommends in all instances that you consult your health care professional about the suitability of any exercise or fitness equipment for you, prior to use.
This Limited Warranty does not apply to failures caused by: misuse or due to abuse, mishandling, alteration, exposure to weather, improper usage (such as with another piece of equipment, with a sharp object or with another item that punctures the product or otherwise causes the product to fail), impact or puncture damage of any sort, installation issues, or failure to properly use and maintain the product in accordance with the provided use instructions. Opening or tampering with the product casing, or any physical damage or alteration to the product’s surface, including stickers and the product serial numbers, will void this Limited Warranty.
This Limited Warranty also does not cover any problems, damage or defects which result from accident, neglect, exposure to variations in ambient environmental conditions (including, for example, changes in heat, humidity, or moisture, including water saturation), normal wear and tear, indentations, scratches or surface damage (including abrasions caused by failure to use, protect or maintain the product properly), product deterioration or variations in color or marking that are ordinarily expected based on ordinary use or which develop over time because of natural processes such as exposure to sunlight, and damage caused to products during shipping.
iBalans LLC is not liable to you for any injuries, losses, liabilities, expenses or damages of any sort or nature relating to your purchase, use or inability to use this product, including without limitation, any personal injury (including death), any property damage, or any direct, indirect, special, incidental, or consequential damages (such as, without limitation, cost of cover, loss of use, lost opportunity, lost profit or revenues or damage to reputation or goodwill), occurring for any reason and even if iBalans is apprised of the likelihood of such damages. If any court having jurisdiction finally holds that this disclaimer of remedies and liabilities is void or unenforceable, then iBalans’ liability shall be limited to the price you paid for the product. Some states do not allow the exclusion or limitation of incidental or consequential damages, so portions of this limitation or exclusion may not apply to you.
THIS IS THE SOLE WARRANTY AND REMEDY REGARDING THIS PRODUCT AND ALL OTHER WARRANTIES AND REMEDIES ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES ALLEGED TO ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE DESCRIBED HEREIN. SOME STATES DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS ON THE REPAIR OR REPLACEMENT OF WARRANTED PRODUCTS OR OF DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS UNDER STATE LAW.
HOW DO YOU submit a claim and get limited warranty SERVICE?
To receive warranty service you must remit WRITTEN NOTICE OF YOUR CLAIM WITHIN THIRTY DAYS OF WHEN YOU DISCOVERED THE DEFECT and PROVIDE proof of your purchase (including amount paid and purchase date) to: WAV Customer Service, PO Box 24, Somers Point, NJ 08244, or by email to email@example.com. For general questions regarding this warranty please email firstname.lastname@example.org.
Once your warranty claim has been initially confirmed by a Customer Service Representative, you will be issued a Return Item # and instructions for returning the damaged or defective product. Customers are responsible for the cost of shipping items to iBalans. Any products sent to iBalans without a Return Item # will be refused and returned to sender.
Proof of purchase, including date of purchase, is required to redeem this Limited Warranty. To redeem this Limited Warranty, you must properly package and ship, at your own shipping risk and at your own expense, any defective product, along with a printed copy of the proof of purchase and a detailed description of the problem and your full contact information and return address. We recommend that traceable mail service be used in shipping your products to us for Limited Warranty service, so that you can track your product during shipping. iBalans is not responsible for items damaged or lost in shipping to us.
After the product is received by iBalans, a WAV® product expert will inspect it and contact you (generally within 5 business days) to give you the results of the inspection. If your product is not covered under this Limited Warranty, it will be sent back to you. All products sent in to iBalans that are covered under the Limited Warranty will be deemed iBalans’ property and will not be returned. Products covered under the iBalans warranty will either be replaced with a functionally equivalent product (please allow up to 3 weeks for return shipping) or a refund of the purchase price paid for the product will be issued to you, as noted above. Items shipped to you will be shipped signature required for receipt.