LOMITM LIMITED WARRANTY Updated: August 22, 2023
LIMITED PRODUCT WARRANTY
Your Lomi ClassicTM or Lomi BloomTM product (the “Lomi Product”) is covered by an Open Mind Developments Corporation (dba “Lomi ”) Standard 1 year Limited Warranty*. Subject to the “Terms of Warranty Coverage” set out below, if your Lomi Product has a defect in Lomi Product material or workmanship within the applicable warranty period, Lomi will arrange to have your original Lomi Product returned to us and deliver a comparable replacement to you or will apply another remedy as described below.
*Your Lomi Product comes with a Standard 1-year Limited Warranty (the “Standard Warranty”) commencing on the date that (i) your Lomi Product is shipped by Lomi 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 authorized retail outlet, as applicable, (in either case, the “Product Shipment Date”). The Standard Warranty can be extended for an additional 2 years with the valid purchase of LomiCare (the “Extended Warranty”) within one year of the Product Shipping Date.
To register your Lomi Product and/or purchase LomiCare: Go to lomi.com/pages/get-started. The Standard Warranty and Extended Warranty are non-transferable and Proof of Purchase (as defined below) from Lomi or an authorized reseller of Lomi is required for warranty registration.
LOMI 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 V1Y 6V3
LOMITM 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.
● the fifty United States and the District of Columbia only, not including any other U.S. territories, commonwealths, possessions and
● any province or territory of Canada ("Canada", together with the USA, collectively referred to as "North America"),
as applicable to the consumer purchasing a Lomi Product.
TERMS OF WARRANTY COVERAGE
Lomi provides warranty coverage as further described below and is limited to the terms and conditions hereof:
Lomi hereby provides the Standard Warranty and Extended Warranty, as applicable, against defects in Lomi Product materials and workmanship. The Standard Warranty and Extended Warranty are offered only on Lomi Product purchased and used in North America and are the sole and exclusive warranties provided by Lomi for any Lomi Product. Warranty protection excludes any accessories to the Lomi Product hardware units.
The Standard 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.
The Standard Warranty can be extended for an additional 2 years with the purchase of LomiCare (the “Extended Warranty”) within one year of the Product Shipping Date.
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”).
Proof of Purchase is required to create a valid warranty claim. The only acceptable Proof of Purchase are (i) an original or copy of the sales receipt or gift receipt for the Lomi Product, or (ii) an invoice from an authorized reseller
or partner, showing the Lomi Product, payment and date of purchase. Product registration is not sufficient to meet the Proof of Purchase requirement. For warranty purposes, “Purchaser” means (i) in the case of a purchase for personal use, the original purchaser of the Lomi Product as evidenced by the original sales receipt or (ii) in the case of a purchase of the Lomi 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 Lomi Product has expired or if the Lomi Product does not qualify for a Standard Warranty and/or Extended Warranty service, repair, reimbursement or replacement, Purchasers may still buy replacement parts or have Lomi Products repaired by a authorized Lomi Product service facility. Please contact Lomi at firstname.lastname@example.org for more information.
EFFECT OF THE WARRANTY
Within the Standard Warranty Period and/or Extended Warranty Period, as applicable, Lomi may, at its sole discretion:
● replace the Lomi Product entirely, either with a new or refurbished Lomi Product of the same model at no additional charge to the Purchaser (other than applicable shipping fees that may apply);
● repair the Lomi 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 Lomi Product.
Only Lomi or Lomi approved accessories and replacement parts are authorized for use with any Lomi Product. The use of any non-Lomi or non-Lomi approved accessories or replacement parts with any Lomi Product voids any warranty which may be in effect and applicable to such Lomi Product.
All exchanged or substituted parts and products replaced under warranty shall become the property of Lomi. Repaired or replaced Lomi Product or parts provided under warranty will be warranted by Lomi for the remaining time of the original Standard Warranty Period or Extended Warranty Period, as applicable. Any Lomi 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 Limited Product Warranty.
In the event replacement Lomi Product parts or replacement Lomi Product units are not available for any reason at the time a valid warranty claim is submitted by a Purchaser, Lomi may, in its sole discretion, provide a Reimbursement of the purchase price for the Lomi Product. Any such Reimbursement to the Purchaser shall be in full satisfaction with any applicable warranty claim and of Lomi’s obligation to the Purchaser under this
Limited Product Warranty. This provision of a Reimbursement terminates any further warranty coverage for such applicable Lomi Product.
PRODUCT WARRANTY LIMITATIONS
Lomi’s obligation to the Purchaser with regard to the warranty for any Lomi Product is limited to the repair or replacement of any defective Lomi Product or parts (as applicable) or the Reimbursement of the purchase price of any defective Lomi Product, pursuant to the terms and conditions of the Standard Warranty and/or Extended Warranty, as applicable.
The Standard Warranty and/or Extended Warranty is only valid for Lomi Product purchased and used in North America and shall not extend to any Lomi 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 Standard Warranty and/or Extended Warranty is not applicable to any purchase of a Lomi Product for commercial or institutional use (such as in a hotel, office, restaurant, congregate living facility or other business capacity).
The Standard Warranty and/or Extended Warranty excludes any defects or damages caused by (i) the placement of unapproved materials (non Lomi approved materials) in the Lomi Product and/or (ii) the use of accessories, replacement parts or repair services other than those that have been expressly authorized by Lomi pursuant to the terms hereof.
To the maximum extent permitted by applicable law, no other warranties, express or implied, are made by Lomi or are authorized to be made on behalf of Lomi by any retailer, agent, distributor, or other party with respect to any Lomi Product to any Purchaser.
The Standard Warranty and/or Extended Warranty shall be rendered null and void, and of no further force or effect, and will provide no warranty coverage with regard to a LomiProduct for any of the following reasons, without limitation:
● Lomi Product requiring maintenance or replacement due to normal wear and tear, rust, stain, corrosion, age or Lomi Product damaged due to any improper or discouraged use, mishandling, negligence, excessive wear and tear, including damages caused by maintaining, operating or using the Lomi Product in a manner not consistent with, not in accordance with, or not contemplated by the instruction manual provided by Lomi with the Lomi Product, or by otherwise failing to follow operating, care, safety, or cleaning instructions contained therein;
● Lomi Product where the Lomi Product number, model or serial number has been removed, replaced, altered or rendered illegible;
● Lomi Product which have been altered, modified and repaired in any way not expressly authorized in the instruction manual provided by Lomi with the Lomi Product or by any party not authorized by Lomi as an authorized Lomi Product service facility;
● LCD or other read-out displays on Lomi Product attributable to non-manufacturer defects such as mishandling during transportation,
drops, spills, submersion or exposure to extreme temperature or
● Cosmetic damages (examples include, but are not limited to, scratches,
imprint/water marks, cracks and dents, stains, etc.);
● Lomi Product that have been damaged directly or indirectly from the use
of any third-party product that has not been expressly approved by
Lomi for use with the Lomi Product;
● Lomi Product damaged as a result of acts of nature e.g. fire, flood, or
● Lomi Product 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 Lomi Product, or in any instruction manual provided by Lomi with the Lomi Product;
● Lomi Product for which the applicable warranty period has expired;
● Lomi Product not purchased from Lomi or through a Lomi 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 Lomi);
● Lomi Product shipped by the Purchaser to Lomi without using a Lomi approved shipping label which are subsequently lost, misdelivered or damaged in transit;
● Lomi Product 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 LOMI, 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 LOMI 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 LOMI PRODUCT THAT, EXCEPT AS EXPRESSLY STATED HEREIN, LOMI 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 LOMI 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 LOMI PRODUCT. THROUGH THIS WARRANTY, LOMI PROVIDES LIMITED AND SPECIFIED RIGHTS TO THE PURCHASER IN CONNECTION WITH THE LOMI PRODUCT. PURCHASER MAY ALSO HAVE OTHER APPLICABLE RIGHTS WITH REGARD TO THE LOMI 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 the fastest possible warranty service:
Lomi has extensive FAQ’s hosted on our website lomi.com, troubleshooting guides and customer support videos available online. Before reaching out to our service and support team directly, please visit us here: https://support.pela.earth/hc/en-us to access this information.
If you are unable to solve the issue please contact us or fill out a warranty claim here: https://lomi.com/pages/warranty-101. Please have the model, serial number and Proof of Purchase or Lomi 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 Lomi 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 Lomi Product or part.
If it is determined that a replacement Lomi 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 Lomi Product and to ensure secure handling when it is being returned for any warranty repair or replacement, Lomi requires that you use a Lomi shipping label or a traceable, insured delivery service. Lomi is not responsible for any damage while a Lomi Product is in transit or for Lomi Product not returned directly to Lomi or a designated authorized Lomi Product service facility.