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LIMITED PRODUCT WARRANTY

Last updated: July 15, 2020

IF YOU ARE THE ORIGINAL PURCHASER OF THE MOSIE KIT, MOSIE BABY PREGNANCY TEST, MOSIE BABY OVULATION PREDICTOR KIT, OR ANOTHER PRODUCT SOLD DIRECTLY TO YOU BY MOSIE LLC (A “PRODUCT”), THE FOLLOWING LIMITED WARRANTY GIVES YOU CERTAIN LEGAL RIGHTS.

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.

1. Limited Warranty.  

Mosie LLC (“Mosie”) warrants to you that each Product will be sold and delivered to you in a sealed package in undamaged condition and, until the expiration date printed on the packaging of that Product (the “Warranty Term”), it will: (a) function in the manner described in the instructions for use of the Product, and (b) be free from defects in material and workmanship.

Your sole remedy for a Product that fails to satisfy this limited warranty is, at Mosie’s choice, either (i) replacement of that Product, or (ii) a refund of the price you paid Mosie to buy that Product. To obtain one of those two remedies, you must comply with the claim procedures in Section 2.     

This limited warranty does not cover any damage, deterioration, or malfunction to a Product that results from alteration, tampering, improper or unreasonable use or maintenance, misuse, abuse, accident, neglect, exposure to excess moisture, fire, or other acts of nature.

2. Procedures for Making a Warranty Claim.  

If you believe you are entitled to a remedy under this limited warranty, you must contact Mosie before the end of the Warranty Term by telephone (866.679.4511) or by email (info@mosiebaby.com). You must also provide proof of your original purchase, e.g., your purchase receipt or other proof of purchase acceptable to Mosie and, if possible, the original Product packaging and/or photographs of Product. At Mosie’s request, you shall return the Product to Mosie, using any instructions Mosie provides.                 

3. EXCLUSIONS AND LIMITATIONS.  

THE LIMITED WARRANTY IN SECTION 1 IS THE ONLY WARRANTY MOSIE PROVIDES FOR PRODUCTS. MOSIE PROVIDES THIS LIMITED WARRANTY IN PLACE OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING BY CUSTOM, TRADE USAGE, OR COURSE OF DEALING. THE REMEDIES IN SECTION 1 ARE YOUR SOLE REMEDIES RELATED IN ANY WAY TO MOSIE AND OUR PRODUCTS. 

MOSIE DISCLAIMS ALL OTHER WARRANTIES TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF AN IMPLIED WARRANTY CANNOT BE DISCLAIMED UNDER YOUR STATE’S LAWS, IT WILL STILL BE LIMITED TO THE WARRANTY TERM. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

WITHOUT LIMITING THE FOREGOING IN ANY WAY, MOSIE DOES NOT WARRANT THAT USING ANY OF ITS PRODUCTS WILL RESULT IN PREGNANCY.

MOSIE IS NOT LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT, INCLUDING ANY LOSS OF USE OR REPUTATION. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

MOSIE’S LIABILITY FOR ANY DAMAGES OR LOSSES WHATSOEVER RELATED TO A PRODUCT WILL ALWAYS BE SUBJECT TO A MAXIMUM LIABILITY LIMIT EQUAL TO THE AMOUNT YOU PAID MOSIE TO BUY THAT PRODUCT.

ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 3 WILL APPLY EVEN IF PART OF THIS LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.

4. Miscellaneous.

This limited warranty does not apply to any Products that are purchased from someone other than Mosie.

If a court or arbitrator with appropriate jurisdiction rules that any term of this limited warranty is unenforceable for any reason whatsoever, the remainder of this limited warranty will remain in full effect.

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