Last Modified: July 12, 2019
THIS LIMITED WARRANTY (THIS "LIMITED WARRANTY") GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE RIGHTS WHICH VARY FROM STATE TO STATE. BRAVA 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.
1. WHAT THIS LIMITED WARRANTY COVERS; PERIOD OF COVERAGE
Brava Home, Inc., a Delaware corporation, of 312 Chestnut Street, Redwood City, California 94063, warrants to the owner of the Brava Product that the Brava Product will be free from defects in materials and workmanship when used normally in accordance with Brava’s published guidelines (e.g., technical specifications, user manuals, and service communications) for a period of one (1) year from the date of delivery following the original purchase of the particular Brava Product (collectively, the "Warranty Period"); provided, however, that if you have selected and purchased an extension to the period of your Limited Warranty for a particular Brava Product directly from Brava via the brava.com Site or a subdomain thereof, then your Warranty Period for such Brava Product (but not any other Brava Products) shall be deemed to equal the duration of the warranty that you have selected and purchased (e.g., your Warranty Period for such Brava Product shall be two (2) years if you have selected and purchased a two (2) year limited warranty or a one (1) year extension to our standard one (1) year limited warranty, and your Warranty Period for such Brava Product shall be three (3) years if you have selected and purchased a three (3) year limited warranty or a two (2) year extension to our standard one (1) year limited warranty). For purposes of clarity, “Brava Product” as used herein does not include Brava Product Software or the Membership Subscription Services (or any goods or materials provided in connection therewith).
If the Brava Product fails to conform to this Limited Warranty during the Warranty Period, Brava will, in its sole discretion, either (a) repair or replace any defective Brava Product or component; or (b) accept the return of the Brava Product and refund the money actually paid by the original purchaser for the Brava Product. Repair or replacement may be made with a new or refurbished product or components, in Brava’s sole discretion. If the Brava Product or a component incorporated within it is no longer available, Brava may, at Brava’s sole discretion, replace the Brava Product with a similar product of similar function. This Limited Warranty provides your sole and exclusive remedy for breach of this Limited Warranty. Any Brava 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.
2. CONDITIONS FOR SUBMITTING A WARRANTY CLAIM
In order to submit a claim under this Limited Warranty, the owner of the Brava Product must: (a) notify Brava of the intention to make the claim by visiting brava.com/support during the Warranty Period and providing a description of the alleged failure, and (b) comply with Brava’s return shipping instructions and requirements. Brava will have no warranty obligations with respect to a returned Brava Product if it determines (i) in its reasonable discretion after examination of the returned Brava Product, that the Brava 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. Brava will bear all costs of return shipping to owner and will reimburse any shipping costs incurred by the owner, except with respect to any Ineligible Product, for which owner will bear all shipping costs.
3. WHAT THIS LIMITED WARRANTY DOES NOT COVER
This Limited Warranty does not cover the following (collectively "Ineligible Products"): (a) Brava Products marked as “Sample” or “Not for Sale”, or sold “AS IS”; (b) Brava Products that have been subject to: (i) modifications, alterations, tampering, or improper maintenance or repairs (which includes repair or maintenance by anyone other than Brava or its designee(s)); (ii) handling, storage, setup, installation, testing, or use not in accordance with instructions provided by Brava or in a manner that is different from the intended purpose of the Brava Products (including but not limited to unauthorized use of software with the Brava Products); (iii) abuse or misuse; (iv) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; (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-Brava 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) Brava Products with serial numbers that have been removed or altered. Further, this Limited Warranty does not cover: (x) software (even if packaged or sold with the Brava Product, including without limitation Brava Product Software); or (y) consumable parts unless damage to such consumable parts is due solely to defects in materials or workmanship of the Brava Product.
4. WARRANTY DISCLAIMER; DURATION LIMITATION
EXCEPT AS EXPRESSLY STATED ABOVE IN THIS LIMITED WARRANTY, AND SOLELY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRAVA DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS WITH RESPECT TO THE BRAVA 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.
5. LIMITATION OF DAMAGES
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMER AND DURATION LIMITATION: (A) IN NO EVENT WILL BRAVA 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 BRAVA PRODUCT TO WHICH IT APPLIES; AND (B) BRAVA’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THIS LIMITED WARRANTY AND THE BRAVA PRODUCT TO WHICH IT APPLIES WILL NOT EXCEED THE AMOUNT ACTUALLY PAID FOR SUCH BRAVA 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.