GOFIRE, INC 

THIS LIMITED WARRANTY "WARRANTY" GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY DEPENDING UPON WHERE YOU RESIDE WHEN THE PURCHASE WAS MADE.

 

THE WARRANTY CAN ALSO BE FOUND ONLINE AT WWW.GOFIRE.CO/WARRANTY.

 

WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCT WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.

 

WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.

 

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

 

OUR RESPONSIBILITY FOR DEFECTIVE GOODS IS LIMITED TO REPAIR OR REPLACEMENT OR REFUND AS DESCRIBED BELOW IN THIS WARRANTY STATEMENT.

 

WHO MAY USE THIS WARRANTY?

 

Gofire, Inc. ("Gofire", "We" or "Our") extends this Warranty only to the consumer who originally purchased the Product and continues to own the Product at the time a warranty service is requested ("You" or "Your"). It does not extend to any subsequent owner or other transferee of the Product.

 

WHAT DOES THIS WARRANTY COVER?

 

This Warranty covers defects in materials and workmanship of the: (i) Gofire Inhaler (the "Product") for the Product Warranty Period as defined below; and (ii) the lithium ion batteries (the "Battery") contained within the Product for the Battery Warranty Period as defined below.  (The Product Warranty Period and the Battery Warranty Period are collectively referred to herein as the "Warranty Period"). This Warranty does not include accessories and consumable spare parts or other items purchased in conjunction with the Product ("Items"), whether such Items are Our products or the Items of one or more third parties, unless otherwise stated.

 

WHAT DOES THIS WARRANTY NOT COVER?

 

This Warranty does not cover:

 

(i) Any damages, defects or alleged defects due to: improper use or illegal use (under applicable law), cleaning or maintenance; failure to follow the Product instructions; modifications; unauthorized repair; normal wear and tear; or external causes such as accidents, rough handling, abuse, misuse, bending or dropping of the Product, water or sunlight damage to the Product, or other actions or events beyond Our reasonable control;

 

(ii) User manuals, including any third party manuals, whether downloaded or included during shipping or at any other time in the delivery chain or otherwise and in any way acquired by You;

 

(iii) Any damages, defects or alleged defects due to the use of the Product with, or connected to, any product, accessory and/or service not manufactured, or supplied by GoFire or was used otherwise than for its intended use;

 

(iv) Any damages, defects or alleged defects to the Product to the extent that it has been dismantled, modified or repaired by anyone other than a GoFire authorized service center, if it is repaired using unauthorized spare parts or if the Product's date code has been removed, erased, defaced, altered or are illegible in any way and this shall be determined at the sole discretion of GoFire;

 

(v) In-store demonstration units and knock-offs.

 

(vi) Any Product that is returned to Our authorized service centers containing any illegal (under applicable law) substances in any devices, spare parts or accessories;

 

(vii) Any Product or Battery that is sold through an unauthorized reseller, including unauthorized Internet resellers. All authorized Internet sellers have a unique seller code provided directly from GoFire.

 

WHAT IS THE PERIOD OF COVERAGE?

 

With respect to the Product, the limited lifetime warranty starts on the date of Your purchase and lasts for Your lifetime (the "Product Warranty Period"). With respect to the Battery, the limited warranty starts on the date of Your purchase and lasts for ninety (90) days (the "Battery Warranty Period"). The Warranty Period is not extended if We repair or replace the Product or Battery, as applicable. We may change the availability of this limited warranty at Our discretion, but any changes will not be retroactive.

 

WHAT ARE YOUR REMEDIES UNDER THIS WARRANTY?

 

With respect to any defective Product during the applicable Product Warranty Period, We will, in Our sole discretion, either: (a) repair or replace the Product (or the defective part, excluding the Battery) free of charge with new or refurbished parts or (b) refund the purchase price of the Product. With respect to any defective Battery during the applicable Battery Warranty Period, We will replace the Battery. We reserve the right to charge a small shipping and handling fee in connection with the fulfillment of any valid warranty claim.

 

HOW DO YOU OBTAIN WARRANTY SERVICE?

 

To obtain warranty service, You must visit our customer service page at www.gofire.co/customerservice during the Warranty Period to obtain a Defective Merchandise Authorization ("DMA") number. No warranty service will be provided without a DMA number. Once You have obtained a DMA number, You must return to Our designated authorized service center: (i) the Product, Battery or other affected part, as applicable; and (ii) the original proof of purchase which clearly indicates the name, address of the seller, the date, place of purchase, the product type and the name of the purchaser, which must match the name of the person making the warranty claim.

 

LIMITATION OF LIABILITY

 

IN NO EVENT, UNDER ANY CAUSE OF ACTION OF THEORY OF LIABILITY, SHALL WE OR OUR DISTRIBUTORS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OF ANY NATURE WHATSOEVER, ARISING OUT OF THE USE OF OR INABILITY TO USE THE PRODUCT, INCLUDING, WITHOUT LIMITATION, PROPERTY DAMAGE, LOSS OF VALUE, LOSS OF USE OR LOSS OF DATA CAUSED BY OR TO THE PRODUCT OR ANY THIRD PARTY PRODUCTS THAT ARE USED WITH THE PRODUCT, INCLUDING WITHOUT LIMITATION INTENDED, CONSUMER ELECTRONICS DEVICES OR OTHER PERSONAL PROPERTY THAT ARE ATTACHED TO THE PRODUCT, SUCH AS: PHONES, LAPTOPS AND DESKTOP COMPUTERS AND OTHER HANDHELD DEVICES (COLLECTIVELY, "THIRD PARTY DEVICES"), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT WE HAVE NO LIABILITY FOR ANY DAMAGE OR DESTRUCTION TO THIRD PARTY DEVICES OR ANY OTHER REAL OR PERSONAL PROPERTY, OR ANY LOSS OF DATA CONTAINED IN A THIRD PARTY DEVICES. NOTWITHSTANDING ANY DAMAGES THAT YOU MIGHT INCUR FOR ANY REASON WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ALL DAMAGES REFERENCED HEREIN AND ALL DIRECT OR GENERAL DAMAGES IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE), OUR ENTIRE AGGREGATE LIABILITY AND ANY OF OUR DISTRIBUTORS AND/OR SUPPLIERS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PRODUCT. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.

 

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