1. Warranty Coverage
Herbert’s, Ltd. (Herbert’s) warrants the products that it sells (“Products”) to be free from defects in materials and workmanship under ordinary consumer use for a period of six (6) months from the date of the purchase. During this warranty period, if Herbert’s determines that a Product is defective in material or workmanship, and you follow the instructions for returning the Product, Herbert’s will, at its option, either (a) repair the Product at Herbert’s expense; (b) replace the Product with a new Product that is equivalent to the defective Product; or (c) refund the purchase price of the Product. Herbert’s shall have no obligation to repair, replace or refund until you have returned the Product that you believe to be defective, and Herbert’s has examined the Product and determined it to be defective. Any replacement Product will assume the remaining warranty period of the original Product, or a warranty period of ninety (90) days from the date of replacement or repair, whichever period is longer. When a refund is given, the returned Product shall become the property of Herbert’s.
You shall be responsible for shipping or other costs associated with returning a Product that you believe to be defective to Herbert’s.
2. Obtaining Warranty Service
To return a Product you believe to be defective for warranty consideration, please return the Product to the Herbert’s store location, or contact Herbert’s at firstname.lastname@example.org for further instructions.
3. Exclusions and Limitations
This Limited Warranty applies only to Products manufactured by and purchased from Herbert’s. This Limited Warranty does not apply to (a) lost or stolen items, or to (b) damage to Products caused by accident, physical or accidental abuse, misuse, misapplication, or excessive wear and tear. This Limited Warranty also does not apply to products manufactured by others, which products may or may not carry different warranties extended by those products’ manufacturers.
Repair, sizing or service performed by anyone other than Herbert’s will immediately void this warranty, as will exposure to harsh chemicals or environments. Please refer to the cleaning and care instructions provided with your Product for information on the proper care for your Product.
THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES, AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HERBERT’S DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
HERBERT’S IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR UNDER ANY OTHER LEGAL THEORY.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, OR TO ANY PRODUCT WARRANTY OFFERED BY THE 3RD PARTY MANUFACTURER OF AN ITEM. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.