HAPPIEST BABY, INC.
LIMITED WARRANTY FOR NEW AND REFURBISHED SNOO SMART SLEEPERS
Updated July 3, 2023
This Limited Warranty gives you specific legal rights. You may also have other or additional legal rights under the laws of your state. This Limited Warranty does not affect your statutory rights under the applicable laws relating to the sale of consumer products.
1. LIMITED WARRANTYThis Limited Warranty applies only to original purchasers of either new or Pre-Loved SNOO Smart Sleepers (each a “Product”) from Happiest Baby, Inc. (“HBI”) or its authorized resellers. This Limited Warranty is valid for and only applies to Products purchased and used inside the United States. In the event the Product fails to meet the warranty standard to HBI’s reasonable satisfaction, we will within a commercially reasonable time, free of charge, either repair or replace the Product as described below.
For a period of twelve (12) months from the date of delivery of the Product (“Warranty Period”), HBI warrants, subject to the exclusions and limitations set out below, the Product against defects in materials and workmanship under ordinary personal use pursuant to written instructions provided by HBI (“User Guide”). If a Product is returned to us during the Warranty Period as provided below, and we determine that the Product is defective, HBI will, at its sole discretion either: (i) repair the Product, (ii) replace the Product or any defective components or parts with a new or reconditioned Product, component or part, or (iii) refund the original purchase price in return for the Product. If the Warranty Period has expired or is otherwise not applicable, we will return the Product to you.
As far as applicable laws permit, the Warranty Period will not be extended or renewed or otherwise affected due to subsequent exchange, resale, repair or replacement of the Product. However, part(s) repaired or replaced during the Warranty Period will be warranted for the remainder of the original Warranty Period or for six (6) months from the date of repair or replacement, whichever is longer. Replacement or repaired Products, as applicable, will be returned to you as soon as commercially practicable.
2. RETURN AND WARRANTY SERVICE PROCESS
Please review the online resources at www.happiestbaby.com prior to seeking service under this Limited Warranty. To obtain warranty service or to return a Product to HBI, you must first request a Return Merchandise Authorization (RMA) number prior to the expiration of the Warranty Period from an HBI customer support representative. We may request additional information and attempt to troubleshoot a warranty-related problem prior to issuing an RMA number. RMA numbers are valid for ten days from issuance. After you obtain an RMA number, you must promptly ship the Product, at your expense, together with proof of purchase and all accessories to the HBI distribution facility identified by an HBI customer support representative. The RMA number must be written clearly on the address label and the Product must be shipped either in its original packaging or packaging affording an equal degree of protection. Failure to return any of the accessories may result in a delay of warranty service and/or result in a reduction of your refund, a credit to HBI or an invoice for the missing accessories. Products returned without an RMA may be rejected or destroyed after thirty days without refund or liability.
3. REPLACEMENT PARTS; HBI’S DETERMINATION OF PRODUCT STATUS
In performing service under this Limited Warranty, HBI may furnish replacement parts on an exchange basis in which event replaced parts will become the property of HBI. Replacement parts provided by HBI will be new or reconditioned Fand of comparable quality to the replaced part. Replacement parts may also be a different part that contains compatible features and functions. You agree to reimburse HBI for the inspection, testing and repair of returned equipment determined by HBI not to be defective or which falls under one of the warranty exclusions described below. In all cases, HBI’s determination as to whether or not the equipment is defective and covered by this Limited Warranty will be final. You will pay all shipping and handling charges related to shipping back to you any Product that HBI determines not to be covered by this Limited Warranty. Any replacement Product or part thereof will be warranted for the remainder of the original Warranty Period or for six (6) months from the date of repair or replacement, whichever is longer. HBI reserves the right to change the method by which HBI may provide warranty service to you, and the eligibility of your Product to receive a particular method of service.
4. SCOPE OF AND LIMITATION OF WARRANTY
HBI’s warranty obligations related to the Product under this Limited Warranty are limited to the repair or replacement of defective Products or parts thereof as described in the Limited Warranty section above. This warranty does not cover customer training and education, installation, set up or adjustment, signal or reception problems. This Limited Warranty does not guarantee that Product use will be uninterrupted or error free.
The Product and/or its associated Services will not dispatch emergency authorities in the event of an emergency. HBI’s customer support is not a medical resource. If you have an emergency or a medical concern, it is your responsibility to seek medical assistance.
5. EXCLUSIONS FROM LIMITED WARRANTY
This Limited Warranty excludes damages to the Product (i) due to acts of God, other forces beyond our reasonable control, such as internet or power outages, power surges, fires, earthquakes, floods or other events of “force majeure,” accident, misuse, abuse, negligence, commercial use or modification of, or to any part of your Product; or (ii) caused by any third party product, service or system, use of the Product for purposes other than for which the Product was designed or intended, use in extreme temperature, humidity or other environmental conditions, or use of the Product in violation of the User Guide or other written instructions provided by HBI (which may be provided at the time of purchase or at www.happiestbaby.com).
Unless agreed in writing, this Limited Warranty also excludes damages to the Product related to: (a) normal wear and tear or aging; (b) defects caused by rough or inappropriate handling or use or damage caused by accident, misuse, neglect, fire, water, lightning or other acts of nature, (c) willful or deliberate damage, neglect or negligence; (d) alteration or modification to the Product made by you or a third party not authorized by HBI; (e) extreme or external causes beyond our reasonable control including, but not limited to, breakdowns, fluctuations, or interruptions in electric power, ISP (internet service provider) service, or wireless networks; (f) weak and/or inconsistent wireless signal strength in your home or your smartphone; (g) any failure to adequately package the Product for transportation; and (h) any Product(s) purchased from unauthorized sellers/dealers/resellers.
This Limited Warranty does not apply to soft goods that accompany the Product.
6. DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. HBI DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE, WARRANTIES AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE FULLEST EXTENT PERMITTED BY LAW WHETHER ARISING BY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
7. LIMITATION OF LIABILITY
IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS AND EXCLUSIONS, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL HBI, ITS EMPLOYEES, AGENTS, OFFICERS, DIRECTORS OR SUPPLIERS BE RESPONSIBLE OR LIABLE IN CONTRACT, WARRANTY, TORT OR OTHERWISE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR REVENUE OR DIMINUTION IN VALUE, LOSS OF OR DAMAGE TO OR CORRUPTION OF DATA, LOSS OF USE OF PRODUCTS OR FUNCTIONALITY, GOODWILL, BUSINESS INTERRUPTION OR ANY OTHER LOSSES (OTHER THAN THE COST OF THE PRODUCT OR ITS REPLACEMENT) THAT ARISE DIRECTLY OR INDIRECTLY OUT OF YOUR PURCHASE OR USE OF THE PRODUCT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR RELATING TO ANY BREACH OF THESE TERMS, WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES HAS BEEN DISCLOSED IN ADVANCE BY YOU OR COULD HAVE BEEN REASONABLY FORESEEN BY YOU, REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE.
TO THE FULLEST EXTENT PERMITTED BY LAW, HBI’S AGGREGATE CUMULATIVE LIABILITY HEREUNDER SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE PAID FOR THE PRODUCT. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, SO THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
8. OTHER LIMITATIONS
No vendor, seller, authorized reseller, employee or representative of HBI or its affiliates or any third party is authorized to make any modification, extension or addition to this Limited Warranty. If any term of this Limited Warranty is held to be illegal or unenforceable, the remaining terms of this Limited Warranty will remain in full force and effect.