EDGE Warranty.
- Warranties. Edge Theory Labs warrants this product to be free from defects in workmanship and materials, under normal residential use and conditions, for a period of one (1) year from the original invoice date, or six (6) months for commercial use. Edge Theory Labs agrees, at its unfettered discretion, during the warranty period, to repair any defect in material or workmanship or to furnish a repaired or refurbished product of equal value in exchange without charge (cost of shipping and handling will be covered by Edge Theory Labs so long as the warranty claim is deemed legitimate, as outlined in this paragraph above) Such repair or replacement is subject to verification of the defect or malfunction and proof of purchase and Edge Theory Labs retains the right to dismiss a warranty claim if foul play is suspected. For clarity, this warranty does not include: Any condition resulting from other than ordinary residential wear or any use for which the product was not intended, such as use in rental or contract trade or commercial use, any condition resulting from incorrect or inadequate maintenance or care, any condition resulting from modifications, damage resulting from misuse, abuse, negligence, accidents, dissatisfaction due to buyer’s remorse, normal wear and tear, damages incurred during transportation, or failure to comply with all instructions and warnings.
- Disclaimers. Except as expressly warranted in this Agreement, the Edge Tub is provided “as-is” and neither Edge Theory Labs nor its vendors, suppliers, licensors or partners make(s) any warranties, oral or written, express or implied, arising from course of dealing, course of performance, usage of trade, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-interference or non-infringement. Edge Theory Labs will not be liable for damages or injuries resulting from improper water chemistry, unsanitary conditions, or maintenance issues caused by this unauthorized use. Further, Edge Theory Labs makes no promises or warranties regarding any form of medical or health benefits from use of the Edge Tub. Please consult a medical professional before use.
- No Substitute for Medical Advice. Edge Theory Labs does not make any representations that is a medical professional or that any benefits from using the Edge Tub will provide any health benefits of improvements. Please consult with a medical professional before use of the Edge Tub to understand if it is the right fit for you.
- Warning Label. You understand that each Edge Tub comes with a Warning Label on the unit, and it is your responsibility to read it carefully and ensure you understand the risks of using the Edge Tub. If you are using the Edge Tub for commercial purposes or having other third-parties in the tub, you should bring the warning to their attention before use.
- Title. Title to the Edge Tub will remain with Edge Theory Labs until delivery and actual receipt of the Edge Tub by the Buyer. In the event payments are being made in installments, title to the Edge Tub will remain with Edge Theory Labs until all payments have been completed.
- Inspection. Inspection will be made by the Buyer at the time and place of delivery and by accepting delivery, Buyer agrees to accept the Edge Tub in its existing condition.
- Claims. The Buyer's failure to give notice of any claim within 10 days from the date of delivery will constitute an unqualified acceptance of the Edge Tub and a waiver by the Buyer of all claims with respect to the Edge Tub.
- Excuse for Delay or Failure to Perform. Edge Theory Labs will not be liable in any way for any delay, non-delivery or default in shipment due to labor disputes, transportation shortage, delays in receipt of material, priorities, fires, accidents and other causes beyond the control of Edge Theory Labs or its suppliers. If Edge Theory Labs, in its sole judgment, will be prevented directly or indirectly, on account of any cause beyond its control, from delivering the Edge Tub at the time specified or within one month after the date of this Agreement, then Edge Theory Labs will have the right to terminate this Agreement by notice in writing to the Buyer, which notice will be accompanied by full refund of all sums paid by the Buyer pursuant to this Agreement.
- Remedies. The Buyer's exclusive remedy and Edge Theory Labs' limit of liability for any and all losses or damages resulting from defective Edge Tub or from any other cause will be for the Purchase Price of the particular delivery with respect to which losses or damages are claimed, plus any transportation charges actually paid by the Buyer.
- Cancellation. Edge Theory Labs reserves the right to cancel this Agreement:
- if the payment of the Purchase Price by the Buyer will for some reason fail or become canceled or disputed.
- Notices. Any notice to be given or document to be delivered to either Edge Theory Labs pursuant to this Agreement will be sufficient if delivered personally or sent by email.
- Standard Legal Things. Choice of Laws and Venue. This Agreement will be governed exclusively by the laws of the State of Delaware. The parties agree to irrevocably submit all claims to the exclusive jurisdiction of the courts of the State of California. Severability. If any provisions of this Agreement are invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. Entire Agreement. This Agreement constitutes the entire Agreement between the parties and replaces any prior agreements. Waiver of Breach. The waiver by Edge Theory Labs of any breach by you of any provision of this Agreement will not be taken to be a waiver of any further breaches by you. Notice. For the purpose of this Agreement, e-mail or text will suffice for written notice when required as set out above. Headings. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding. Counterparts. This agreement may be signed in any number of counterparts, each of which is an original, and all of which taken together constitute one single document. Online Agreement. We agree that this Agreement may be signed electronically or agreed to by having you click “I Agree”, the effect of which will be the same as if we signed the Agreement by hand and the intention of which is that both parties desire to be bound by all the terms of the Agreement.