BPI®
PRODUCT WARRANTY
EXCLUDES Tinting Instruments, Edgers, and Consumable Products
What is Covered by This Warranty?
Brain Power, Inc. (BPI®) warrants, to the original purchaser only, that
the product that is the subject of this sale is free from defects in
material or workmanship. This warranty is valid only in the fifty states
of the United States. The duration of this warranty is thirty days from
date of shipment. If the Extended Warranty Card* is completely filled out
and returned to BPI®, the duration of this warranty is one year. In
addition, there is a 30 day money-back period (less charges for items not
returned) where the purchaser agrees to pay the shipping charges in both
directions. If the buyer discovers within this period a defect in material
or workmanship, it must promptly notify BPI® in writing. In no event shall
such notification be received by BPI® later than 13 months from the date
of shipment. Within a reasonable time after such notification, BPI® will
correct any defect in material or workmanship, with either new or used
replacement parts. Such repair, including both parts and labor, is at
BPI®s expense. Buyer, however, shall be responsible for all costs incurred
in the removal, reinstallation, and shipping of the product for repairs
and for return shipping costs. All warranty service will be performed at
service centers designated by BPI®. For the address of the nearest
authorized service center, contact Brain Power, Inc., 4470 S.W. 74th
Avenue, Miami, Florida 33155. Merchandise must be returned in the original
shipping container or equivalent and must be accompanied by a return
authorization number available from the above location. When requesting
return authorization, include all model numbers shown on the product.
Return authorization numbers may be obtained by calling BPI® toll-free at
(800) 327-2250. If BPI® is unable to repair the product to conform to the
warranty after a reasonable number of attempts, BPI® will provide, at its
option, one of the following:
(a) a replacement product, or
(b) refund of the purchase price. These remedies are the purchaser's
exclusive remedies for breach of warranty.
What is Not Covered by This Warranty?
BPI® does not warrant:
(a) any product, components, or parts not manufactured by BPI®,
(b) defects or damage from improper installation, wiring, or maintenance
in violation of the Owner's Manual,
(c) damage caused by the use of the product for purposes other than those
for which it was designed,
(d) damage caused by negligence, accident, fire, flood, wind, and
lightning, or other acts of God,
(e) damage caused by unauthorized attachments, modifications, or
alterations,
(f) damage during shipment, or
(g) any other abuse or misuse by the purchaser.
Disclaimer of Warranty.
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Remedies.
BPI® shall not be liable for any special, incidental, or consequential
damages based upon breach of warranty, breach of contract, negligence,
strict tort, or any other legal theory. Such damages include, but are not
limited to, loss of profits, loss of savings or revenue, loss of use of
the product or any associated equipment, cost of capital, cost of any
substitute equipment, facilities or services, downtime, the claims of
third parties including customers, and injury to property. This limitation
does not apply to claims for personal injury. Some states do not allow
limits on warranties or on remedies for breach in certain transactions. In
such states, the limits in this paragraph and in paragraph (3) may not
apply.
Time Limit for Bringing Suit.
Any action for breach of warranty must be commenced within one year from
date of giving written notice to BPI® of any defects.
No Other Warranties.
This agreement is understood to be the complete and exclusive agreement
between the parties, superseding all prior agreements, oral or written,
and all other communications between the parties relating to the subject
matter of this agreement. No employee, agent, dealer, or any other person
is authorized to make any warranty on behalf of BPI® in addition to those
made in this warranty.
Allocation Of Risks.
This agreement allocates the risk of product failure between BPI® and the
purchaser. This allocation is recognized by both parties and is reflected
in the price of the goods. The purchaser acknowledges that it has read
this agreement, understands it, and is bound by its terms.
*Extended Warranty Card
BPI® requires the contact information provided on the Extended Warranty
Card to be reviewed and, if necessary, updated by the purchaser each year
so that the purchaser may be contacted for updates, changes or safety
information. |
