PELA™ LIMITED WARRANTY
Updated: Feb 21 2023
LIMITED PRODUCT WARRANTY
Your Lomi™ product (the “Product”) is covered by an Open Mind Developments Corporation (dba “Pela”) limited warranty* from the Product Shipment Date (as defined below). Subject to the “Terms of Warranty” set out below, if your Lomi Product has a defect in Product material or workmanship within the applicable warranty period, Pela will arrange to have your original Product returned to us and deliver an identical or comparable replacement to you or will apply another remedy as described below.
*Your Lomi Product comes with a standard 1-year limited warranty starting from the date (the “Product Shipment Date”) that (i) your Lomi Product is shipped by Pela to the address designated in your order (in the case of an online purchase) or (ii) your Lomi Product is purchased in person from a retail outlet, as applicable. The 1-year limited warranty can be extended an additional 2 years if you purchase LomiCare within a year of the Product Shipping Date. If you do not register your Lomi Product or LomiCare, your Lomi Product is not eligible for coverage under the limited warranty.
**Should you cancel your Lomi Membership at any time prior to submitting a warranty claim, the limited warranty will revert to a 1-year standard limited warranty based on the Product Shipment Date.
To register your Lomi Product and/or sign up for LomiCare: Go to pela.earth/get-started. The limited warranty is non-transferable and Proof of Purchase (as defined below) from Pela or an authorized reseller or partner of Pela is required for warranty registration.
PELA CONTACT INFORMATION
Warranty Claims Contact: email@example.com
Hours of Operation: M-F 8am-5pm (Pacific time)
Head Office Address: 604 460 Doyle Ave.
Kelowna, BC V4V 1T4
PELATM MASTER LIMITED PRODUCT WARRANTY
INTRODUCTION TO THE WARRANTY
For the purposes of this limited warranty, please note the Jurisdiction (as defined below) for which such limited warranty is applicable.
For the purposes of this Warranty (as defined below), "Jurisdiction" means:
(i) the fifty United States and the District of Columbia only, not including any other U.S. territories, commonwealths, possessions and
(ii) any province or territory of Canada ("Canada", together with the USA, collectively referred to as "North America"),
as applicable to the consumer purchasing the relevant Product.
TERMS OF WARRANTY COVERAGE
Pela provides the Warranty coverage as further described below and limited to the terms and conditions hereof:
Pela hereby provides a limited non-transferable Product Warranty for a period of 1 year (subject to extension solely as provided herein) upon product registration in the manner described herein (the “Warranty”) against defects in Product materials and workmanship. This Warranty is offered on only those Lomi Products purchased and used in North America by the consumer and is the sole and exclusive Warranty provided by Pela for any Product(s).
The Warranty is non-transferable and commences on the applicable Product Shipment Date (the “Warranty Commencement Date”) and ceases upon the 1-year anniversary of the Warranty Commencement Date (the “Standard Warranty Period”) unless extended as provided herein. Product registration within 30 days of the Warranty Commencement Date, including submission of Proof of Purchase is required for the Warranty to be in effect.
The Warranty can be extended to a maximum of 3 years from the Product Shipment Date (the “Extended Warranty Period”) upon registration of the Product as provided herein and Purchase of LomiCare. The Extended Warranty is non-transferable and commences on the Product Shipment Date (the “Extended Warranty Commencement Date”) and ceases upon the 3-year anniversary of the shipping date (the “Extended Warranty Period”). Product registration within 30 days of the Extended Warranty Commencement Date, including submission of Proof of Purchase (as defined below) and enrolment by the Purchaser in the Lomi Membership program within 90 days of the Extended Warranty Commencement Date or Purchase of LomiCare within 1 year of the Extended Warranty Commencement Date is required for the Extended Warranty to be in effect.
Proof of the valid Product purchase for the purposes of this Warranty and/or the Extended Warranty (“Proof of Purchase”) is an original or copy of the sales receipt or gift receipt for the Product, or an invoice from an authorized reseller or partner, showing the Product, payment and date of purchase. Product registration is not sufficient to meet the Proof of Purchase requirement. For the purposes of this Warranty, “Purchaser” means (i) in the case of a purchase for personal use, the original purchaser of the Product as evidenced by the original sales receipt or (ii) in the case of a purchase of the Product as a gift, the recipient of the gift as designated by the original purchaser at the time of an online purchase or as evidenced by a gift receipt in the case of an in person gift purchase through a retail outlet, as applicable.
In the event the Standard Warranty Period or the Extended Warranty Period (as applicable) for the Product has expired or if the Product does not qualify for Warranty and/or Extended Warranty service, repair, reimbursement or replacement, Purchasers may still buy replacement parts or have Products repaired by a Pela authorized Product service facility. Please contact Pela for more information.
EFFECT OF THE WARRANTY
Within the Standard Warranty Period and/or Extended Warranty Period (as applicable), Pela may, at its sole discretion:
replace the Product entirely, either with a new or refurbished Product, at no additional charge to the Purchaser (other than applicable shipping fees may apply);
repair the Product with new or refurbished parts at no charge to the Purchaser (other than applicable shipping fees);
reimburse the Purchaser the amount of the original purchase price (a "Reimbursement"); or
replace defective parts that meet the performance specifications of new parts for any applicable Product.
Only Pela or Pela approved accessories and replacement parts are authorized for use with any Product. The use of any non-Pela or non-Pela approved accessories or replacement parts with any Product voids any Warranty which may be applicable to such Product.
All exchanged or substituted parts and products replaced under this Warranty shall become the property of Pela. Repaired or replaced Products or parts provided under this Warranty will be warranted by Pela for the remaining time of the original Standard Warranty Period or Extended Warranty Period (as applicable). Any Pela approved accessories or replacement parts purchased separately by a consumer will be subject to separate warranty coverage applicable to such purchased accessories or replacement parts and are not covered under this Warranty.
In the event replacement Product parts or replacement Product units are not available for any reason at the time a valid Product Warranty claim is submitted by a Purchaser, Pela may, in its sole discretion, provide a Reimbursement of the purchase price for the Product. Any such Reimbursement to the Purchaser shall be in full satisfaction with any applicable Warranty claim and of Pela’s obligation to the Purchaser under this Warranty for such Warranty claim. This provision of a Reimbursement terminates any further warranty coverage for such applicable Product.
PRODUCT WARRANTY LIMITATIONS
Pela’s obligation to the Purchaser with regard to the Warranty for any Product is limited to the repair or replacement of any defective Product or parts (as applicable) or the Reimbursement of the purchase price of any defective Product, pursuant to the terms and conditions of the Warranty.
This Warranty is only valid for Product(s) purchased and used in North America and shall not extend to any Products(s):
not purchased in North America, and
purchased in North America but which are used or transferred outside any Jurisdiction thereof for any period of time.
The Warranty is not applicable to any purchase of a Product for commercial or institutional use (such as in a hotel, office, restaurant, congregate living facility or other business capacity).
This Warranty excludes any defects or damages caused by (i) the placement of unapproved materials (non Lomi Approved™ materials) in the Product and/or (ii) the use of accessories, replacement parts or repair services other than those that have been expressly authorized by Pela pursuant to the terms hereof.
To the maximum extent permitted by applicable law, no other warranties, express or implied, are made by Pela or are authorized to be made on behalf of Pela by any retailer, agent, distributor, or other party with respect to any Product to any Purchaser.
The Warranty shall be rendered null and void, and of no further force or effect, and will provide no Warranty coverage with regard to a Product for any of the following reasons, without limitation:
Products requiring maintenance or replacement due to normal wear and tear, rust, stain, corrosion, age or Products damaged due to any improper or discouraged use, mishandling, negligence, excessive wear and tear, including damages caused by maintaining, operating or using the Product in a manner not consistent with, not in accordance with, or not contemplated by the instruction manual provided by Pela with the Product, or by otherwise failing to follow operating, care, safety, or cleaning instructions contained therein;
Products where the product number, model or serial number has been removed, replaced, altered or rendered illegible;
Products which have been altered, modified and repaired in any way not expressly authorized in the instruction manual provided by Pela with the Product or by any party not authorized by Pela as an authorized Product service facility;
LCD or other read-out displays on Products attributable to non-manufacturer defects such as mishandling during transportation, drops, spills, submersion or exposure to extreme temperature or pressure;
Cosmetic damages (examples include, but are not limited to, scratches, imprint/water marks, cracks and dents, stains, etc.);
Products that have been damaged directly or indirectly from the use of any third-party product that has not been expressly approved by Pela for use with the Product;
Products damaged as a result of acts of nature e.g. fire, flood, or lightning;
Products damaged as a result of connection to irregular current or voltage sources, or use with any electric or other current or voltage other than that marked on the Product, or in any instruction manual provided by Pela with the product;
Products for which a Purchaser has failed to register with Pela as provided herein or for which the applicable Warranty period has expired;
Products not purchased from Pela or through a Pela authorized reseller or partner (for example, purchases from non-authorized sellers online, at auction, private sale, or otherwise, such as, without limitation, eBay® and other independent e-commerce sites not authorized by Pela);
Products shipped by the Purchaser to Pela without using a Pela-approved shipping label which are subsequently lost, misdelivered or damaged in transit;
Products for which a Reimbursement has been provided as a final remedy to a Warranty claim.
WARRANTY DISCLAIMERS;LIMITATIONS OF REMEDIES;ACKNOWLEDGEMENTS
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PURCHASER'S SOLE AND EXCLUSIVE REMEDY UNDER THIS WARRANTY SHALL BE AS PROVIDED BY THE PROVISIONS, TERMS AND CONDITIONS HEREOF.
NONE OF PELA, ITS PARENT OR OTHER HOLDING COMPANIES, SUBSIDIARIES, AFFILIATES, AUTHORIZED RESELLERS AND PARTNERS AND AUTHORIZED SERVICE PROVIDERS, OR ANY OFFICERS, DIRECTORS, AGENTS, OR EMPLOYEES THEREOF, SHALL BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES OR LOSSES FROM TRAVEL, LOST TIME, PERISHABLE GOODS, DAMAGES FOR LOSS OF REVENUE, BUSINESS, PROFITS, GOODWILL OR CONTRACTS, BUSINESS INTERRUPTION, OR ANY OTHER PECUNIARY LOSS, ANY COSTS, EXPENSES OR OTHER CLAIMS FOR COMPENSATION RESULTING FROM SUCH LOSS), OR ANY OTHER LOSS OR DAMAGES ARISING OUT OF ANY MALFUNCTION OF ANY PRODUCT OR OTHER DAMAGES RESULTING FROM THE USE OF THE PRODUCT, WHETHER IN CONTRACT, TORT, CIVIL LIABILITY OR OTHERWISE. NOTE: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY OR EXCLUSIONS OF AN IMPLIED WARRANTY, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO A PURCHASER RESIDING IN THOSE PARTICULAR JURISDICTIONS.
IT IS UNDERSTOOD AND AGREED BY THE PURCHASER UPON PURCHASE OF A PRODUCT THAT, EXCEPT AS EXPRESSLY STATED HEREIN, PELA IS NOT MAKING AND HAS NOT AT ANYTIME MADE ANY WARRANTIES, CONDITIONS OR REPRESENTATIONS OF ANY KIND OR CHARACTER, EXPRESS, IMPLIED, OR LEGAL, ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, WITH RESPECT TO THE PRODUCT, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES, CONDITIONS OR REPRESENTATIONS AS TO MERCHANTABILITY, QUALITY, DURABILITY, TITLE OR FITNESS FOR A PARTICULAR PURPOSE.
THE PURCHASER ACKNOWLEDGES THAT THE PURCHASER IS INFORMED AND IS AWARE OF HIS/HER RIGHTS AND OBLIGATIONS UNDER ANY APPLICABLE FEDERAL, STATE, PROVINCIAL, TERRITORIAL, LOCAL, MUNICIPAL, OR OTHER LAWS WITHIN THE JURISDICTION GOVERNING THE PURCHASE AND USE OF THE PRODUCT. THROUGH THIS WARRANTY, PELA PROVIDES LIMITED AND SPECIFIED RIGHTS TO THE PURCHASER IN CONNECTION WITH THE PRODUCT. PURCHASER MAY ALSO HAVE OTHER APPLICABLE RIGHTS WITH REGARD TO THE PRODUCT AND WARRANTY WHICH VARY FROM JURISDICTION TO JURISDICTION AND WHICH ARE NOT OTHERWISE SET FORTH HEREIN.
IF ANY PROVISIONS OF THIS WARRANTY ARE ADJUDGED TO BE ILLEGAL, INVALID OR UNENFORCEABLE, THE REMAINING PROVISIONS OF THE WARRANTY SHALL CONTINUE IN FULL FORCE AND EFFECT.
SUBMITTING A WARRANTY CLAIM
Please follow these instructions to receive faster Warranty service:
Pela has extensive FAQ’s, troubleshooting guides and customer support videos available online. Before reaching out to our service and support team directly, please visit us here to access this information.
If you are unable to solve the issue, please contact us at firstname.lastname@example.org to submit details of your issue and/or to provide us with a call back number. Please have the model number and Proof of Purchase or Product registration information available to share with our customer service and support team when they reach out to you.
During the applicable Warranty period, if a Product, or one of its parts, qualifies for replacement or service under the Warranty, please visit us online here to begin the Warranty claims process or contact our customer service and support team directly at email@example.com for further instructions on the Warranty claims process, or to otherwise address any steps to repair and /or replace the Product or part.
If it is determined that a replacement Product or part is necessary, shipping arrangements can be made directly with our customer service and support team. Please note that turnaround time to address Warranty claims can take between 5-10 business days, plus shipping time, depending on your location and the type of damage or Warranty claim.
For additional protection of the Product and to ensure secure handling when it is being returned for any Warranty repair or replacement, Pela requires that you use a Pela shipping label or a traceable, insured delivery service. Pela is not responsible for any damage while a Product is in transit or for Products not returned directly to Pela or a designated authorized Product service facility.