IMPORTANT: THESE TERMS AND CONDITIONS OF SALE (“TERMS”) GOVERN YOUR PURCHASE OF JAYFI PRODUCTS FROM THIS SITE, WHICH IS PROVIDED BY JAYFI INC (“JAYFI” OR “WE”). BY PURCHASING PRODUCTS FROM THIS SITE, YOU ARE LEGALLY ACCEPTING THESE TERMS. IN ADDITION, THE LIMITED WARRANTY AND DISCLAIMERS APPLY TO ANY PURCHASE OF JAYFI PRODUCTS FROM AN AUTHORIZED RETAILER.
JAYFY INC WARRANTY
Subject to the terms, conditions, and disclaimers contained herein, Jayfi warrants that Jayfi branded products will be free of defects in materials and workmanship and will not fail because of perspiration for one (1) year from the date of shipment, as shown on the packing slip, if the product was purchased from www.Jayfi.com (the “Jayfi Website”), or one (1) year from the date of purchase, as shown on the receipt, if the product was purchased from a retailer (the “Limited Warranty”). As used above, the phrase “fail because of perspiration” means that the electronics in the product cease to function as a direct result of the effects of perspiration and excludes other causes of failure, including without limitation broken wires, cracked casings, and dead batteries, even if they may have some indirect relation to perspiration. In addition, as part of the Limited Warranty for the Jayfi product only, we warrant for one (1) year from the date of shipment, as shown on the packing slip, if the product was purchased from the Jayfi Website, or one (1) year from the date of purchase, as shown on the receipt, if the product was purchased from a retailer, that the product will not fail because you wear it under normal conditions in water, such as in a shower, pool, or other water source, provided that the Reign product is not worn or used in water at a depth greater than 1 meter, such as while diving, and is not submersed in water for longer than 30 minutes at a time. As used above, the phrase “fail because you wear it under normal conditions in water” means that the electronics in the Reign product cease to function as a direct result of the effects of water, within the limits of use described above, and excludes other causes of failure of the product, such as dead batteries or other Excluded Conditions (see below). This Limited Warranty does not cover consumables, such as batteries, unless they fail due to a defect in materials or workmanship.
Any reference to Jayfi branded audio products being “sweat proof,” “sweat resistant,” and/or “water resistant,” or words of similar import, means that they are designed to withstand moisture under normal non-water sports and everyday use, such as perspiration and accidental splashes of water. Although the openings for the microphone and speakers on our audio products have been carefully engineered to be moisture-resistant, the products are not designed to be submersed in water or liquid of any kind, nor are they designed for water sports or other water-based activities. Any modification of a Jayfi audio product to adapt it for water-sports or any other water environment will void the Limited Warranty.
This Limited Warranty extends only to the original end-user of the product and is not assignable or transferable to any other person. This Limited Warranty does not cover (1) any damage or loss that occurs after we place the product with the carrier for shipment to you or to any retailer, (2) any damage caused by normal wear and tear, abnormal use or conditions, neglect, abuse, misuse, accident, improper storage or handling, unauthorized modifications or repairs, improper use of any electrical source, undue physical or electrical stress, user error, or failure to follow product instructions (“Excluded Conditions”), (3) any product with an altered or missing serial number or any counterfeit product, (4) subject to the additional Limited Warranty for use of the Reign product in water, as expressly stated above, any damage from external causes such as storm, flood, fire, dirt, sand, earthquakes, Acts of God, exposure to sunlight, weather, heat, or corrosive environments, electrical surges, or third-party products, or (5) product fit or appearance other than failure to provide a product that is materially equivalent to the product description on the product packaging or on the Jayfi Website.
WE DO NOT WARRANT THAT PRODUCTS WILL OPERATE UNINTERRUPTED OR BE ERROR FREE OR THAT ALL PRODUCT ERRORS WILL BE CORRECTED. OUR ONLY LIABILITY UNDER THIS LIMITED WARRANTY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, AND YOUR SOLE AND EXCLUSIVE REMEDY, WILL BE, AT OUR OPTION, TO REPAIR OR REPLACE THE PRODUCTS OR REFUND THE AMOUNT PAID FOR PRODUCTS RETURNED TO US, LESS A PRORATED AMOUNT FOR ANY PERIOD OF SUBSTANTIALLY PROBLEM-FREE USE. THE PRORATED AMOUNT WILL BE BASED ON THE EXPECTED LIFE OF THE PRODUCT. Replacement products may include refurbished Jayfi products that have been certified to conform to the original product descriptions. If we elect to repair any defective product and are unable to do so after a reasonable number of attempts, we will provide you a replacement product or will refund your purchase price, less a prorated amount for any period of substantially problem-free use. IN NO EVENT WILL JAYFI’S LIABILITY EXCEED THE AMOUNT YOU PAID FOR THE PRODUCT, LESS A PRORATED AMOUNT FOR ANY PERIOD OF SUBSTANTIALLY PROBLEM-FREE USE, REGARDLESS OF THE NUMBER OF CLAIMS, THE FORM OF ACTION, OR THE THEORY OF LIABILITY. We have no liability to pay for any repairs performed by anyone other than us, unless in each instance we have given express written approval for such repairs. Any unauthorized attempt to repair any product will void the Limited Warranty on the product. For any product you purchase from us that is covered by another manufacturer's warranty, your warranty is limited to that warranty. In such event, we will reasonably assist you, upon written request, to place a warranty claim with the manufacturer.
THIS LIMITED WARRANTY SHALL BE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, AND JAYFI EXPRESSLY DISCLAIMS ANY AND ALL SUCH WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE RESULTING FROM THE USE OF ANY PRODUCTS THAT YOU PURCHASE FROM US, REGARDLESS OF THE NUMBER OF CLAIMS, THE FORM OF ACTION, OR THE THEORY OF LIABILITY AND EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS CONTAINED IN THIS “LIMITED WARRANTY” SECTION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.