Paresa Photogon 1-YEAR LIMITED WARRANTY

Your new Paresa Photogon Device and Mat is covered by a 1-year limited warranty (the “Limited Warranty”). This Limited Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
 

1 - PRODUCTS COVERED BY THIS LIMITED WARRANTY

This Limited Warranty extends to products manufactured by Tiny Spek, Inc., and purchased directly from Paresa Photogon or Tiny Spek, Inc.  Our products are designed to be used indoors and under normal conditions. This Warranty does not cover your Device and Mat if you use it in a manner incompatible with that intended design.
 

2 - WHO THIS LIMITED WARRANTY EXTENDS TO
 

This Limited Warranty extends to the original purchaser of any Paresa Photogon Device and Mat. All Tiny Spek, Inc., warranties, including any implied warranties, are valid only for the period of time the Device and Mat is owned by the original purchaser of the deice and mat. The “original purchaser,” for the purposes of this Limited Warranty, is the first purchaser of the product from Paresa Photogon or Tiny Spek, Inc. Please retain a copy of your receipt as proof of purchase. All Tiny Spek, Inc., limited warranties are not transferable.

3 - TINY SPEK, INC.'S, LIMITED WARRANTY AND RESPONSIBILITIES
 

Tiny Spek, Inc., warrants the Device and Mat in its original packaging sold to you against the defects in material and workmanship set forth below (“Defects”) for a period of 1 year from the time your device and mat is purchased by you, when the Device and Mat is used normally for its intended purposes.
 

4 - WHAT THIS LIMITED WARRANTY COVERS
 

This Limited Warranty applies to Defects due to faulty workmanship or materials, subject to the limitations described in this warranty.

This Limited Warranty does not cover the following:

• Comfort preference.

• Normal changes in softness, support, appearance and settling of materials, or any other normal wear and tear.

• Issues arising out of failure to follow care instructions.

• Physical abuse or damage, including but not limited to, burns, cuts, tears, liquid damage, or stains; provided, that the defect is caused by such abuse or damage.

• Replacement of any non-defective elements in the Paresa Photogon Device or Mat

• Any Device or Mat (whether manufactured by Tiny Spek, Inc. or not) sold by resellers who are not authorized retailers.

In the event of a Defect, Tiny Spek, Inc.’s sole and exclusive liability and your sole remedy under this Limited Warranty will be, at Tiny Spek’s, Inc. option, to provide a repaired or replacement Paresa Photogon Device or Mat, subject to your fulfillment of “Your Responsibilities” below. Replacement device or mat may be provided in a color, size or materials different from the device or mat you originally purchased.

5 - YOUR RESPONSIBILITIES
 

In the event of a Defect and in order to get the benefit of this Limited Warranty, you must return your Device or Mat to Paresa Photogon or Tiny Spek, Inc. and provide us with proof of the original date of purchase. Should shipping costs be required to return your device and / or mat, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this Limited Warranty. Tiny Spek, Inc. will repair or replace (as applicable) and ship your Device and / or Mat back to you. Replaced or repaired Devices / and or Mats are subject to the same Limited Warranty as the original Device and Mat and the warranty term of the replaced or repaired Device and / or Mat begins from the date of purchase of the original Pillow.

6 - DISCLAIMER, LIMITATION ON LIABILITY
 

TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE DEVICE AND MAT IS PROVIDED “AS IS” AND THIS WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, IN NO EVENT WILL TINY SPEK, INC. OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE DEVICE OR MAT OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF TINY SPEK, INC. HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. TINY SPEK, INC.’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE DEVICE AND OR MAT GIVING RISE TO SUCH LIABILITY.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

7 - ARBITRATION

In the event a dispute arises between you and Tiny Spek, Inc., arising out of this Limited Warranty, such dispute will be determined and settled by binding arbitration between the parties, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). More information about the AAA is located at www.adr.org, or available by calling the AAA at 1-800-778-7879.

You must seek arbitration for disputes arising out of this Limited Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act. If you choose to pursue any rights and remedies that are not created by Title I of the Magnuson Moss Warranty Act, then arbitration is not required.
Arbitration will take place in New York, New York.

The arbitration will not be combined with any other proceeding or arbitration against one of the parties. Each party will designate one arbitrator and the two designated arbitrators will select a third arbitrator, who will serve as the chair of the arbitration panel. If the two arbitrators cannot agree on the third arbitrator, then the AAA will appoint the third arbitrator. Barring extraordinary circumstances, the arbitrators will issue their decision within 120 days from the date the third arbitrator is selected by the two designated arbitrators or appointed by the AAA. The arbitrators may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The decision and the arbitrators’ award will be in writing and will include a statement setting forth the reasons for the disposition of any claim. A dissenting decision will also be set forth in writing. The arbitrators’ award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.
 

8 - GOVERNING LAW
 

This Limited Warranty will be governed by the laws of the State of New York.
 

9 - WARRANTOR
 

Tiny Spek, Inc. 
contact@paresaphotogon.com

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