Gravity1st Product Warranty
LIMITED EXPRESS WARRANTY
Gravity Solutions, LLC (“GS”) warrants to the original purchaser (“you”) that this Gravity1st mattress (“mattress”) is guaranteed against defects in materials and workmanship for a period of one (1) year from the original date of purchase while used only under normal use in compliance with all instructions provided to you. This warranty includes the mattress and air pump. This warranty extends only to the first retail purchaser and is not transferable or assignable.
GRAVITY SOLUTIONS EXCLUSIVE OBLIGATION AND YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS LIMITED EXPRESS WARRANTY OR OTHERWISE SHALL BE THE REPAIR OR REPLACEMENT OF ANY PRODUCT OR PARTS WHICH MAY PROVE DEFECTIVE UNDER THE CONDITIONS OF NORMAL USE DURING THE WARRANTY PERIOD. IN THE EVENT THE PRODUCT OR PARTS CANNOT BE REPAIRED OR REPLACED, YOU SHALL RECEIVE A PRODUCT OF COMPARABLE VALUE AT OUR EXPENSE LESS SHIPPING AND HANDLING FEES. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
Gravity Solutions’ obligation under this limited express warranty shall not apply if our inspection shows:
A. Any part of the mattress or air pump has been subject to misuse, abuse or has been operated contrary to our written instructions;
B. Any part has been modified or tampered with;
C. Any part is damaged by Acts of God, power surge, misuse, abuse, negligence, accident, wear and tear, mishandling, misapplication or other causes unrelated to defects in the mattress or air pump.
EXCEPT FOR THE LIMITED EXPRESS WARRANTY SET FORTH IN THIS SECTION, OR ANY IMPLIED WARRANTIES PERMITTED UNDER APPLICABLE LAW, GRAVITY SOLUTIONS, LLC MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS. ALL CLAIMS AGAINST GRAVITY
SOLUTIONS MUST BE BROUGHT WITHIN 90 DAYS FROM THE TIME THEY ARISE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, GRAVITY SOLUTIONS SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THE SALE OR USE OF THIS PRODUCT, INCLUDING ANY LOST REVENUES, LOSS OF USE OR LOST PROFITS, REGARDLESS OF THE THEORY BY WHICH A CLAIM MAY BE BASED, INCLUDING ANY TORT, TANGIBLE PROPERTY DAMAGE OR STATUTORY CAUSES OF ACTION.
NOTWITHSTANDING THE TERM OF ANY LIMITED OR IMPLIED WARRANTY, OR IN THE EVENT THAT ANY LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL OUR ENTIRE LIABILITY TO YOU EXCEED THE PURCHASE PRICE ACTUALLY PAID BY YOU FOR THE PRODUCTS, OR ANY DEFECT OR NONCONFORMING PORTION THEROF, WHICHEVER IS THE LESSER AMOUNT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
THIS LIMITATION DOES NOT APPLY TO ANY CLAIMS FOR PERSONAL INJURY. THIS AGREEMENT AND ANY CLAIMS AND DISPUTES BETWEEN THE PARTIES SHALL BE GOVERNED BY AND SUBJECT TO THE INTERNAL LAWS (EXCLUSIVE OF THE CONFLICTS OF LAW PROVISION) AND DECISIONS OF THE COURTS OF THE STATE OF TEXAS. THE EXCLUSIVE VENUE AND JURISDICTIONS FOR ALL CLAIMS AND DISBUTES SHALL BE THE STATE OF FEDERAL COURT LOCATED IN MONTGOMERY COUNTY, TEXAS.
Gravity Solutions, LLC neither assumes nor authorizes any representative or other person to assume any obligation or liability other than those expressly set forth herein.
Warranty service must be obtained through Gravity Solutions. Gravity Solutions may be contacted for warranty service inquiries or issues via email at email@example.com or by phone at 1-281-826-3647, or by mail to Gravity Solutions, LLC, 6700 Woodlands Parkway, Ste. 230-317, The Woodlands, TX 77382. It is the purchaser’s obligation to arrange for delivery of a product to Gravity Solutions or one of its authorized dealers for warranty service, such delivery shall be at purchaser’s expense. It is also the purchaser’s obligation to comply with the warranty service instructions provided either by Gravity Solutions or its authorized dealer. The retail purchaser must provide Gravity Solutions with completed warranty registration information within thirty (30) days after purchase in order to obtain the benefits of this warranty. Warranty registration is available by emailing firstname.lastname@example.org or by calling 1-281-826-3647.