LIMITED PRODUCT WARRANTY
If you are the original purchaser of the Mosie kit, Mosie Baby Ovulation Test, Mosie Baby Pregnancy Test, 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 Baby”) 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 Baby 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 Baby before the end of the Warranty Term by telephone (866.679.4511) or by email (mosie@mosiebaby.com). You must also provide proof of your original purchase, e.g., your purchase receipt or other proof of purchase acceptable to Mosie Baby and, if possible, the original Product packaging and/or photographs of Product. At Mosie Baby's request, you shall return the Product, using any instructions Mosie Baby provides.
3. Exclusions and Limitations
The limited warranty in section 1 is the only warranty Mosie Baby provides for products. Mosie Baby provides this limited warranty in place of all other warranties, whether express, implied, statutory, or arising by customer, trade usage, or course of dealing. The remedies in section 1 are your sole remedies related in any way to Mosie Baby and our products.
Mosie disclaims all other warranties to the greatest extent permitted under applicable law, including the implied warranties or merchantability and fitness for a particular purpose. If an implied warranty cannot be disclaimed under your states laws, it will still be limited to the warranty term. Some states do not allow limitations on how long an implied warranty lass, so the above limitation may not apply to you.
Without limiting the foregoing in any way, Mosie Baby 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 he above exclusion may not apply to you.
Mosie Baby'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 Baby to buy that product.
All of he exclusions and limitations in this section 3 will apply even if part of this limited warranty fails of 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.