Your new Goby toothbrush is covered by a lifetime limited warranty (the “Limited Toothbrush Warranty”).This Limited Toothbrush Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
This Limited Toothbrush Warranty extends to toothbrushes manufactured by BGLG, Inc. d/b/a Goby (“Goby”) and purchased directly from Goby or Goby’s authorized retailers (the “Toothbrushes”). Goby Toothbrushes are designed to brush adult (i.e., humans aged 13-years or older) teeth. This Limited Toothbrush Warranty does not cover your Toothbrush if you use it in a manner incompatible with that intended design.
This Limited Toothbrush Warranty extends to the original purchaser of any Toothbrush. All Goby warranties, including any implied warranties, are valid only for the period of time the Toothbrush is owned by the original purchaser of the Toothbrush. The “Original Purchaser,” for the purposes of this Limited Toothbrush Warranty, is the first purchaser of the Toothbrush from Goby or a Goby authorized retailer. Please retain a copy of your receipt as proof of purchase. All Goby limited warranties are not transferable.
Goby warrants the Toothbrush in its original packaging sold to you against the defects as a result of fault in the materials or workmanship in the construction and manufacture of the product (“Defects”) from the time your Toothbrush is purchased by you, when the Toothbrush is used normally for its intended purposes.
If your Goby toothbrush obtains Defects, Goby will repair or replace it free of charge.
This Limited Toothbrush Warranty does not cover:
In the event of a Defect, Goby’s sole and exclusive liability and your sole remedy under this Limited Toothbrush Warranty will be, at Goby’s option, to provide a repaired or replacement Toothbrush, subject to your fulfillment of “Your Responsibilities” below.
In the event of a Defect and in order to get the benefit of this Limited Toothbrush Warranty, you must return your Toothbrushes (including all components which came with the unit at time of purchase such as the stand, charging shell and cord, etc.) to Goby and provide Goby with proof of the original date of purchase. Should shipping costs be required to return your Toothbrush, you will not be responsible for those costs. Evidence of a Defect and any claims must be sent to the address set forth at the end of this Limited Toothbrush Warranty.
Goby will repair or replace (as applicable) and ship your Toothbrush back to you. You will be responsible for any shipping costs associated with shipping replaced or repaired Toothbrushes.
Replaced or repaired Toothbrushes are subject to the same Limited Toothbrush Warranty as the original Toothbrush. For example, if you obtain a replaced or repaired Toothbrush that is the same style and price as the original Toothbrush, then the warranty term of the replaced or repaired Toothbrush begins from the date of purchase of the original Toothbrush.
TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THE TOOTHBRUSH IS PROVIDED “AS IS” AND THIS WARRANTY AND ANY IMPLIED WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES AND REPLACE ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THIS LIMITED TOOTHBRUSH WARRANTY, IN NO EVENT WILL GOBY OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE TOOTHBRUSH OR ITS USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF GOBY HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. GOBY’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE TOOTHBRUSH GIVING RISE TO SUCH LIABILITY.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
In the event a dispute arises between you and Goby arising out of this Limited Toothbrush Warranty, such dispute will be determined and settled by binding arbitration between the parties, in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). More information about the AAA is located at www.adr.org, or you can call the AAA at 1-800-778-7879.
You must seek arbitration for disputes arising out of this Limited Toothbrush Warranty prior to exercising any rights or seeking any remedies created by the Title I of the Magnuson Moss Warranty Act. If you choose to pursue any rights and remedies that are not created by Title I of the Magnuson Moss Warranty Act, then arbitration is not required.
Arbitration will take place in New York, New York.
The arbitration will not be combined with any other proceeding or arbitration against one of the parties. Each party will designate one arbitrator and the two designated arbitrators will select a third arbitrator, who will serve as the chair of the arbitration panel. If the two arbitrators cannot agree on the third arbitrator, then the AAA will appoint the third arbitrator. Barring extraordinary circumstances, the arbitrators will issue their decision within 120 days from the date the third arbitrator is selected by the two designated arbitrators or appointed by the AAA. The arbitrators may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all related records will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The decision and the arbitrators’ award will be in writing and will include a statement setting forth the reasons for the disposition of any claim. A dissenting decision will also be set forth in writing. The arbitrators’ award will be final and binding on the parties, and judgment thereon may be entered in any court of competent jurisdiction.
This Limited Toothbrush Warranty will be governed by the laws of the State of New York.
BGLG, Inc. d/b/a Goby
35 East Broadway 4A New York, NY 10002