Smokeheal, Inc. Lifetime Limited Warranty
The terms of this Smokeheal Lifetime Limited Warranty (“Lifetime Warranty”, “Warranty”) apply to purchases of Smokeheal products.
This Lifetime Warranty covers consumers who have purchased Smokeheal products from Smokeheal.com website, Smokeheal store at eBay.com and from our authorized resellers.
This Lifetime Warranty gives the original end-user purchaser limited lifetime warranty rights from Smokeheal, the manufacturer.
All genuine Smokeheal products legally purchased are eligible for warranty service once the owner demonstrates possession of the Certificate of Warranty with valid serial number. Warranty service response time is subject to change due to local parts availability. Contact Smokeheal for list of Smokeheal authorized service provider in your region for details.
For warranty service please visit www.smokeheal.com/support.
The term of this Warranty begins from the date of purchase. You will need dated sales receipt showing the date of purchase and original Certificate of Warranty with valid serial number as your proof of purchase. The warranty period is a lifetime of the product. Smokeheal’s obligation under this Lifetime Limited Warranty is to repair or replace products that manifest a defect in materials or workmanship.
This Lifetime Warranty does not cover:
- damage caused by accident, fire, misuse, neglect, unusual physical or electrical stress, or modification;
- instances in which someone other than Smokeheal (or its authorized service centers) tests, alters, modifies or services the products in any way;
- products that have serial numbers or date tags that have been removed or altered,
- consumable spare parts and accessories (unless they are found to be non-functional or broken upon purchase of product), such as:
- wire mesh filters
- plastic mouth pieces
- retail packaging of the product
- gift packaging
- protective packaging
During the Warranty period Smokeheal will repair or replace, at its option, products that manifest defects in materials or workmanship if you provide notice to Smokeheal and return the product to Smokeheal in the manner described below.
Smokeheal may repair or replace products under this Lifetime Warranty (a) with new or previously used products, parts, or components equivalent to new in performance and reliability, or (b) with re-manufactured products using new components or new and used or reconditioned components equivalent to new in performance and reliability, or (c) with a product equivalent to an original product that has been discontinued.
When a product or part is replaced, the replacement item becomes your property and the returned product or part becomes the property of Smokeheal, Inc.
Exclusions and Limitations to this Lifetime Limited Warranty
SMOKEHEAL, INC. MAKES NO OTHER EXPRESS WARRANTY WHETHER WRITTEN OR ORAL AND SMOKEHEAL EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT STATED IN THIS LIFETIME LIMITED WARRANTY. TO THE EXTENT ALLOWED BY THE LOCAL LAW OF JURISDICTIONS OUTSIDE THE UNITED STATES, SMOKEHEAL DISCLAIMS ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOR ALL TRANSACTIONS OCCURRING IN THE UNITED STATES.
Limitation of Liability
THE MAXIMUM LIABILITY OF SMOKEHEAL, INC. UNDER THIS LIFETIME LIMITED WARRANTY IS EXPRESSLY LIMITED TO THE LESSER OF THE PRICE YOU HAVE PAID FOR THE PRODUCT OR THE COST OF REPAIR OR REPLACEMENT OF THAT PRODUCT OR ANY COMPONENT OR PART THAT MALFUNCTION IN CONDITIONS OF NORMAL USE. EXCEPT AS INDICATED ABOVE, IN NO EVENT WILL SMOKEHEAL, INC. BE LIABLE FOR ANY DAMAGES CAUSED BY THE PRODUCT OR THE FAILURE OF THE PRODUCT TO PERFORM, INCLUDING ANY LOST PROFITS OR SAVINGS OR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. SMOKEHEAL, INC. IS NOT LIABLE FOR ANY CLAIM MADE BY A THIRD PARTY OR MADE BY YOU FOR A THIRD PARTY. THIS LIMITATION OF LIABILITY APPLIES WHETHER DAMAGES ARE SOUGHT, OR A CLAIM MADE, UNDER THIS LIFETIME LIMITED WARRANTY OR AS A TORT CLAIM (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY), A CONTRACT CLAIM, OR ANY OTHER CLAIM. THIS LIMITATION OF LIABILITY CANNOT BE WAIVED OR AMENDED BY ANY PERSON. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF YOU HAVE ADVISED SMOKEHEAL, INC. OR AN AUTHORIZED REPRESENTATIVE OF SMOKEHEAL, INC. OF THE POSSIBILITY OF ANY SUCH DAMAGES.
What Law Governs This Warranty
THIS LIFETIME LIMITED WARRANTY IS GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE COUNTRY IN WHICH THE PRODUCT WAS ORIGINALLY PURCHASED. FOR CONSUMER TRANSACTIONS, THE LIFETIME LIMITED WARRANTY TERMS CONTAINED IN THIS STATEMENT, EXCEPT TO THE EXTENT LAWFULLY PERMITTED, DO NOT EXCLUDE, RESTRICT, OR MODIFY BUT ARE IN ADDITION TO THE MANDATORY STATUTORY RIGHTS APPLICABLE TO THE SALE OF THIS PRODUCT TO YOU.
For United States residents, any disputes arising out of this Lifetime Limited Warranty or otherwise relating to your purchase of the Smokeheal product that is the subject of this Lifetime Limited Warranty, whether based on contract, tort, fraud, or any other legal theory, shall be governed by the law of the State of Ohio, without regard to its conflict-of-law principles.
What Other Legal Rights May Exist
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE TO STATE OR FROM COUNTRY TO COUNTRY. SOME STATES AND COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. YOU ARE ADVISED TO CONSULT APPLICABLE STATE OR COUNTRY LAWS FOR A FULL DETERMINATION OF YOUR RIGHTS.