1. REMEDIES.
If a defect in materials or workmanship arises
and a valid claim is received by Roost during the
Warranty Period, Roost, at its option and to the
extent permitted by law, will (1) repair the
Product at no charge using new parts or
previously used parts that are equivalent to new
in performance and reliability, or (2) exchange
the Product with a product with equivalent
functionality formed from new and/or previously
used parts that are equivalent to new in
performance and reliability or, with your consent,
a product that is at least functionally equivalent
to the product it replaces. If Roost is unable
to provide a replacement and repair is not
commercially practicable or cannot be timely
made, Roost may refund the original purchase
price you paid for the Product. In the event of a
defect, to the extent permitted by law, these are
your sole and exclusive remedies. Shipping and
handling charges may apply except where
prohibited by applicable law. This Limited
Warranty is valid only in jurisdictions where the
Product is sold by Roost itself or through its
authorized reseller or agent, and is valid to the
extent permitted by applicable laws of such
jurisdictions. Any replacement Product will be
warranted for the remainder of the original
Warranty Period or for thirty (30) days,
whichever is longer, or for any additional
period of time that may be applicable in the
jurisdiction in which purchaser resides.
2. HOW TO OBTAIN WARRANTY SERVICE.
To obtain warranty service, you must obtain a
Return Material Authorization (RMA) from our
customer service team. For specific information
on how to obtain warranty service on your
Product, contact Roost using the information
described at www.getroost.com/returns. When
you contact Roost via telephone, you may be
required to pay call charges depending on your
location. Please contact your network operator
for details. Proof of purchase may be required to
verify eligibility. If Roost determines that your
Product is eligible for mail-in service, Roost will
provide you with an RMA and send you prepaid
waybills and applicable packaging material, so
that you may ship your Product to Roost. Roost
will pay for shipping to and from your location if
you follow Roost’s instructions regarding the
method of packaging and shipping the Product.
Otherwise, you will be required to reimburse
Roost for shipping to and from your location. By
returning the Product to Roost, you agree to
transfer ownership to Roost. Any Product
returned to Roost without a valid warranty claim
or without a RMA may be rejected, returned at
your cost (subject to prepayment) or kept for
thirty (30) days for your pick-up and then
disposed of in Roost’s sole discretion.
3. EXCLUSIONS AND LIMITATIONS.
This Limited Warranty applies only to the
Product manufactured by or for Roost that can
be identified by the “Roost” trademark, trade
name or logo affixed to it. The Limited Warranty
does not apply to any (a) Roost products and
services other than the Product, or (b) the Roost
mobile application and the related services
provided by Roost that are enabled via the Roost
mobile application or the Product. Please refer
to the Terms of Service that accompany the
Roost mobile application for details regarding
your rights with respect to its use.
This Limited Warranty excludes normal depletion
and wear or tear, unless failure has occurred due
to a defect in materials or workmanship. In
addition, this Limited Warranty does not apply
to: (a) damage caused by use with non-Roost
products; (b) damage caused by abuse,
accident, modifications, unauthorized repairs or
other causes that are not defects in materials and
workmanship; (c) damage caused by operating
the Product outside the permitted or intended
uses described by Roost or with improper
voltage or power supply; (d) damage caused by
exposure to excessive heat, humidity, rain,
moisture or other liquids or handling, storage or
use of the Product in a manner contrary to
Roost’s user instructions; or (e) damage caused
by service performed by anyone who is not a
representative of Roost. This warranty is void if
a Product is returned with removed, damaged,
or tampered labels or any alterations (including
unauthorized removal of any external cover).
No Roost reseller, agent or employee is
authorized to make any modification, extension
or addition to this Limited Warranty.
In no event shall Roost be liable for (a) loss or
damage, which as of the product’s purchase
cannot be regarded as being caused by
Roost’s breach of these warranty terms; or (b)
losses caused by the user’s fault.
4. IMPLIED WARRANTIES AND CONDITIONS.
EXCEPT TO THE EXTENT PROHIBITED BY
APPLICABLE LAW, ALL IMPLIED WARRANTIES
AND CONDITIONS (INCLUDING WARRANTIES
AND CONDITIONS OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE)
SHALL BE LIMITED IN DURATION TO THE
DURATION OF THIS LIMITED WARRANTY. Some
jurisdictions do not allow limitations on the
duration of an implied warranty or condition,
so the above limitation may not apply to you.
This warranty gives you specific legal rights,
and you may also have other rights that vary
from state to state.
5. LIMITATION OF DAMAGES.
EXCEPT TO THE EXTENT PROHIBITED BY
APPLICABLE LAW, ROOST SHALL NOT BE
LIABLE FOR ANY INCIDENTAL, INDIRECT,
SPECIAL OR CONSEQUENTIAL DAMAGES, OR
FOR ANY LOSS OF PROFITS REVENUE OR
DATA, RESULTING FROM ANY BREACH OF
EXPRESS OR IMPLIED WARRANTY OR
CONDITION OR UNDER ANY OTHER LEGAL
THEORY, EVEN IF ROOST HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES AND
REGARDLESS OF THE FORM OF ACTION,
WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE) OR ANY OTHER LEGAL OR
EQUITABLE THEORY. Any limitations of liability
in this warranty document shall not apply to
(i) death or personal injury pursuant to
any mandatory law on product liability; (ii)
fraud or fraudulent misrepresentation; (iii)
intentional misconduct or gross negligence; (iv)
or a culpable breach of major contractual
obligations. Some jurisdictions do not allow the
exclusion or limitation of special, indirect,
incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
6. GOVERNING LAW.
This Limited Warranty shall be governed by
the laws of the State of California, USA,
without giving effect to any conflict of laws
principles that may provide for the application
of the law of another jurisdiction.
7. SEVERABILITY
.
If any term is held to be illegal or unenforceable,
it shall be severed from this Limited Warranty
and the legality or enforceability of the remaining
terms shall not be affected.
8. NATIONAL STATUTORY RIGHTS.
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 Warranty.
For Australian consumers: The rights described in
this warranty are in addition to the statutory rights
to which you may be entitled under the
Competition and Consumer Act 2010 and other
applicable Australian consumer protection laws
and regulations. Our goods come with guarantees
that cannot be excluded under the Australian
Consumer Law. You are entitled to a replacement
or refund for a major failure and for compensation
for any other reasonably foreseeable loss or
damage. You are also entitled to have the goods
repaired or replaced if the goods fail to be of
acceptable quality and the failure does not amount
to a major failure. Repair of the goods may result
in loss of data. Goods presented for repair may be
replaced by refurbished goods of the same type
rather than being repaired. Refurbished parts may
be used to repair the goods.
For Canadian Consumers: Residents of Quebec
are governed by that province’s consumer
protection legislation.
For purchases made by consumers in the United
ingdom and Ireland: If a product is defective
consumers may, in addition to any other rights
which they may have under consumer law in the
U and Ireland, avail themselves of the rights
contained in: for products purchased in Ireland:
the Sale of Goods Act, 1893 (in particular
Sections 12, 13, 14 and 15), the Sale of Goods
and Supply of Services Act,1980 and the
European Communities (Certain Aspects of the
Sale of Consumer Goods and Associated
Guarantees) Regulations 2003 (S.I. No.
11/2003); for products purchased in the U : the
Sale of Goods Act 1979 (in particular Section
12), the Supply of Goods and Services Act 1982
(in particular Section 2) and the Sale and Supply
of Goods to Consumers Regulations 2002.
