THIS LIMITED WARRANTY (THIS "LIMITED WARRANTY") GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE RIGHTS WHICH VARY FROM STATE TO STATE. UMAMI GRILLS DOES NOT EXCLUDE, LIMIT, OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR STATE. THIS LIMITED WARRANTY ALSO CONTAINS IMPORTANT INFORMATION ABOUT YOUR OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU, SO YOU SHOULD READ IT CAREFULLY. THE UMAMI GRILL® IS A REGISTERED TRADEMARK OF UMAMI GRILLS, INC.
Capitalized terms not defined herein have the meanings given them in the Terms of Service or the Terms of Sale, as applicable.
SECTION 1 - WHAT THIS LIMITED WARRANTY COVERS; PERIOD OF COVERAGE
Umami Grills Inc, warrants to the owner of the Umami Grills Product that the Umami Grills Product will be free from defects in materials and workmanship when used normally in accordance with Umami Grills’s published guidelines (e.g., technical specifications, user manuals, and service communications) for a period of twelve (12) years from the date of delivery following the original purchase of the particular Umami Grills Product (collectively, the "Warranty Period"). For purposes of clarity, “Umami Grills Product” as used herein does not include Umami Grills Product Software or Accessories or Membership Subscription Services (or any goods or materials provided in connection therewith).
If the Umami Grills Product fails to conform to this Limited Warranty during the Warranty Period, Umami Grills will, in its sole discretion, repair or replace any defective Umami Grills Product or component. Repair or replacement services will be done free of charge to the owner and are subject to additional shipping and handling fees. Repair or replacement may be made with a new or refurbished product or components, in Umami Grills’s sole discretion. If the Umami Grills Product or a component incorporated within it is no longer available, Umami Grills may, at Umami Grills’s sole discretion, replace the Umami Grills Product with a similar product of similar function. This Limited Warranty provides your sole and exclusive remedy for breach of this Limited Warranty. Any Umami Grills Product that has either been repaired or replaced under this Limited Warranty will be covered by the terms of this Limited Warranty for the remaining Warranty Period. This Limited Warranty is transferable from the original purchaser to subsequent owners, but the Warranty Period will not be extended in duration or expanded in coverage for any such transfer.
SECTION 2 - CONDITIONS FOR SUBMITTING A WARRANTY CLAIM
In order to submit a claim under this Limited Warranty, the owner of the Umami Grills Product must: (a) notify Umami Grills of the intention to make the claim by emailing Umami Grills at mailto:firstname.lastname@example.org during the Warranty Period and providing a description of the alleged failure, and (b) comply with Umami Grills’s return shipping instructions and requirements. Umami Grills will have no warranty obligations with respect to a returned Umami Grills Product if it determines (i) in its reasonable discretion after examination of the returned Umami Grills Product, that the Umami Grills Product is an Ineligible Product (defined below), (ii) that the owner has not complied Limited Warranty claim submission conditions set forth in this Section 2 or (iii) that the owner has breached the Terms of Service or any Supplemental Documents. Owner will bear all costs of return shipping and any handling fees associated with submitting a Warranty Claim, which are subject to change.
SECTION 3 -WHAT THIS LIMITED WARRANTY DOES NOT COVER
This Limited Warranty does not cover the following (collectively "Ineligible Products"): (a) Umami Grills Products marked as “Sample” or “Not for Sale”, or sold “AS IS”; (b) Umami Grills Products that have been subject to: (i) modifications, alterations, tampering, or improper maintenance or repairs (which includes repair or maintenance by anyone other than Umami Grills or its designee(s)); (ii) handling, storage, setup, installation, testing, or use not in accordance with instructions provided by Umami Grills or in a manner that is different from the intended purpose of the Umami Grills Products (including but not limited to unauthorized use of equipment with the Umami Grills Products); (iii) abuse or misuse; (iv) breakdowns, fluctuations (v) acts of God, including but not limited to lightning, flood, tornado, earthquake, or hurricane; (vi) non-household use or commercial use; (vii) merely normal wear and tear or cosmetic damage; (viii) scrapes, scratches, scuffs, nicks, dings chips or similar physical modifications arising after delivery, even if not merely cosmetic; (ix) use with any non-Umami Grills branded hardware products or accessories; or (x) damage arising from Content (including but not limited to user-created cooking routines and other User Submissions); or (c) Umami Grills Products with serial numbers that have been removed or altered. Further, this Limited Warranty does not cover: (x) other products (even if packaged or sold with the Umami Grills Product, including without limitation Umami Grills Product); or (y) consumable parts unless damage to such consumable parts is due solely to defects in materials or workmanship of the Umami Grills Product.
SECTION 4 - WARRANTY DISCLAIMER; DURATION LIMITATION
EXCEPT AS EXPRESSLY STATED ABOVE IN THIS LIMITED WARRANTY, AND SOLELY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, UMAMI GRILLS DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE UMAMI GRILLS PRODUCTS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. TO THE EXTENT ANY IMPLIED WARRANTIES CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, THE DURATION OF SUCH IMPLIED WARRANTIES WILL BE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SECTION 5 - LIMITATION OF DAMAGES
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMER AND DURATION LIMITATION: (A) IN NO EVENT WILL UMAMI GRILLS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THIS LIMITED WARRANTY OR THE UMAMI GRILLS PRODUCT TO WHICH IT APPLIES; AND (B) UMAMI GRILLS’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY AND THE UMAMI GRILLS PRODUCT TO WHICH IT APPLIES WILL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR SUCH UMAMI GRILLS PRODUCT BY THE ORIGINAL PURCHASER.
FEDERAL LAW, SOME STATES, PROVINCES, AND OTHER JURISDICTIONS DO OR MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS UNDER THIS LIMITED WARRANTY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.