WHAT THIS WARRANTY COVERS
1) New Balance Athletics, Inc. ("New Balance") warrants to the original purchaser ("you") of the hardware with which this Limited Warranty is included ("Hardware") that the Hardware will be free from defects in workmanship or materials under normal use ("Defects") for a period of one (1) year from the date that the Hardware was first purchased by you (such period, the "Warranty Period" and such warranty, the "Limited Warranty"). During the Warranty Period the Hardware will be repaired or replaced at New Balance's choice without charge to you for either parts or labor. This Limited Warranty covers the repair or replacement of the Hardware only. Repairs have a 90 day warranty. If the Hardware sent in is still under its original warranty, then the new warranty is 90 days or to the end of the original one (1) year warranty, whichever is longer.
WHAT THIS WARRANTY DOES NOT COVER
2) The Limited Warranty does not apply to normal wear and tear, when the Hardware is opened or repaired by someone not authorized by New Balance. The Limited Warranty does not cover repair or replacement of any Hardware or part thereof damaged by: moisture or liquids (except that the watch included in the Hardware is water resistant up to 5 ATM), proximity or exposure to heat, other acts of nature and accident, abuse, misuse, other external causes, noncompliance with the instructions supplied with the Hardware, neglect or misapplication. The Limited Warranty does not cover physical damage to the surface of the Hardware (for example, cosmetic damage, such as scratches, nicks and dents) or damage to Hardware that has been connected to power and/or data cables that are not supplied by New Balance. In addition, New Balance reserves the right to refuse warranty claims against Hardware that is obtained and/or used in contravention of the laws of any country. This Limited Warranty does not cover any software that may accompany or be installed on the Hardware.
YOUR LEGAL RIGHTS
3) This Limited Warranty gives you specific legal rights, and you may also have other rights, which vary from state to state and jurisdiction to jurisdiction.
4) If any part of this Limited Warranty is held to be invalid or unenforceable, the remainder of the Limited Warranty will nonetheless remain in full force and
5) This Limited Warranty is the only express warranty made to you and is provided in lieu of any other express warranties or similar obligations (if any) created by any advertising, documentation, packaging, or other communications.
6) EXCEPT FOR THE LIMITED WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEW BALANCE AND ITS SUPPLIERS PROVIDE THE HARDWARE "AS IS AND WITH ALL FAULTS", AND HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES OR CONDITIONS OF: MERCHANTABILITY,
NON-INFRINGEMENT, QUIET ENJOYMENT, SYSTEM INTEGRATION, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, RELIABILITY
OR AVAILABILITY, ACCURACY OR COMPLETENESS OF RESPONSES,
RESULTS, WORKMANLIKE EFFORT, LACK OF VIRUSES, AND REASONABLE
CARE AND SKILL, ALL WITH REGARD TO THE HARDWARE, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT OR OTHER SERVICES, INFORMATION, SOFTWARE, AND RELATED CONTENT THROUGH THE HARDWARE OR OTHERWISE ARISING OUT OF THE USE OF THE HARDWARE. THIS EXCLUSION DOES NOT APPLY TO (I) ANY IMPLIED CONDITION AS TO TITLE AND (II) ANY IMPLIED WARRANTY AS TO CONFORMITY WITH DESCRIPTION. IF APPLICABLE LAW REQUIRES ANY IMPLIED WARRANTIES WITH RESPECT TO THE HARDWARE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS. SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE MAY NOT APPLY TO YOU.
7) This Limited Warranty cannot be transferred to any other person.
8) New Balance retains the exclusive right to repair or replace (with new or newly overhauled replacement product) the Hardware or offer a full refund of the purchase price at its sole discretion. SUCH REMEDY SHALL BE YOUR SOLE
AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY. LIMITATION OF LIABILITY
9) NEITHER NEW BALANCE NOR ITS SUPPLIERS WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING IN EACH CASE, BUT NOT LIMITED TO, DAMAGES FOR THE INABILITY TO USE THE HARDWARE OR ACCESS DATA, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE HARDWARE EVEN IF NEW BALANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10) 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
OR ANYTHING ELSE), THE ENTIRE LIABILITY OF NEW BALANCE AND ANY
OF ITS SUPPLIERS WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU
FOR THE HARDWARE.
11) Notwithstanding the above, neither party's liability for death or personal
injury resulting from its own negligence will be limited.
12) 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. IF YOU ARE
FROM NEW JERSEY, THE ABOVE LIMITATIONS AND EXCLUSIONS ARE
INTENDED TO BE ONLY AS BROAD AND INCLUSIVE AS IS PERMITTED UNDER
NEW JERSEY LAW. IF ANY PORTION OF THE ABOVE LIMITATIONS AND
EXCLUSIONS IS HELD TO BE INVALID UNDER NEW JERSEY LAW, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE
REMAINING PORTIONS OF THE ABOVE LIMITATIONS AND EXCLUSIONS.
HOW TO MAKE A WARRANTY CLAIM
13) In order to make a claim of a Defect, you must contact New Balance Customer Support at the postal or email address set forth in the applicable product user guide during the Warranty Period to explain the Defect and to obtain an RMA number (Return Materials Authorization) if necessary. You must return the Hardware during the Warranty Period, along with an explanation of the Defect, to the address provided to you by New Balance. Securely pack the Hardware and a copy of the original sales receipt, which is required as the proof of purchase for warranty claims. Write the tracking number clearly on the outside of the package. Send the Hardware, freight charges prepaid, to the address specified by New Balance. You must comply with any other return procedures stipulated by New Balance, if any.