TRIA BEAUTY'S 1-YEAR WARRANTY
Tria Beauty is committed to quality. Each Tria device is rigorously tested for quality and performance. Our limited, 1-year warranty covers defects in materials and workmanship of your Tria device.
WHAT IS COVERED BY THE LIMITED WARRANTY?
This 1-year limited warranty covers defects in materials and workmanship in your Tria device if you purchased it from an authorized partner or directly from the manufacturer (Tria Beauty). Your 1-year limited warranty is valid for you alone, the original purchaser and cannot be transferred.
WHAT IS NOT COVERED BY THIS LIMITED WARRANTY?
This limited warranty is effective only if the Tria device is purchased and used in the United States. This limited warranty does not cover damage, defects, or failure caused by abuse or misuse; improper care; impact or insertion of foreign objects; vandalism; improper storage; improper or incorrectly performed maintenance or repair; application of harmful chemicals; Acts of God, fire, or water; abrasives; negligence; failure to follow manufacturer's instructions; loss of the Tria device; normal wear and tear; alteration; overuse; professional use; or commercial use.
HOW LONG DOES THIS LIMITED WARRANTY LAST?
The limited warranty begins on the date of purchase and expires one year later. The warranty period is not tolled or extended for any period during which the Tria device (or any parts thereof) is in repair, or if they are replaced by Tria Beauty during the warranty period.
WHAT WILL TRIA BEAUTY DO IF MY TRIA DEVICE IS DEFECTIVE?
If you discover a covered defect in your Tria device before the 1-year warranty period expires, contact our Customer Care Department at firstname.lastname@example.org for assistance.
If defective, we will repair or replace your Tria device. Customer Care will contact you and keep you updated on the progress of repairs and return shipments.
If we confirm a defect covered by this limited warranty, we will, at our option, take one of the following actions:
(i) replace your Tria device with either a new or a refurbished Tria device that is the same as or similar to the Tria device you purchased; or
(ii) repair your Tria device using either new or refurbished parts.
If we find that the defect in your Tria device is not covered under this limited warranty, we will notify you about the service alternatives that are available on a fee basis. If we find that your Tria device is not defective, we will notify you and return your Tria device to you.
All Limited Warranty services must be authorized and performed by Tria Beauty or a service provider authorized by Tria Beauty.
Warranty Limitations and Disclaimers...
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE (OR JURISDICTION TO JURISDICTION).
THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE IS IN LIEU OF ALL OTHER EXPRESS WARRANTIES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TRIA BEAUTY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IF APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, THEN THE DURATION OF SUCH IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXPRESSLY LIMITED TO THE DURATION OF THE EXPRESS LIMITED WARRANTY SET FORTH ABOVE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRIA BEAUTY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT PRODUCT LIABILITY, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF TRIA BEAUTY IS ADVISED OR AWARE THAT SUCH DAMAGES MIGHT ARISE. SUCH DAMAGES INCLUDE, BUT ARE NOT LIMITED TO, LOSS OF USE OF THE TRIA SYSTEM, COST OF ANY SUBSTITUTE EQUIPMENT, THE CLAIMS OF THIRD PARTIES, OR DAMAGE TO PROPERTY. THIS LIMITATION DOES NOT APPLY TO CLAIMS FOR PERSONAL INJURY CAUSED BY A DEFECT IN THE TRIA DEVICE. SOME STATES DO NOT ALLOW LIMITS ON WARRANTIES, OR ON REMEDIES FOR BREACH IN CERTAIN TRANSACTIONS. IN SUCH STATES, THE LIMITS IN THIS PARAGRAPH AND THE DISCLAIMER OR EXCEPTIONS FROM WARRANTY MAY NOT APPLY.
THESE WARRANTY TERMS, CONDITIONS AND LIMITATIONS ALLOCATE THE RISKS OF PRODUCT FAILURE BETWEEN TRIA BEAUTY AND YOU, THE PURCHASER OF THE TRIA SYSTEM. THIS ALLOCATION IS RECOGNIZED BY BOTH PARTIES AND IS REFLECTED IN THE PRICE OF THE TRIA DEVICE. BY USING THE TRIA DEVICE YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, CONDITIONS AND LIMITATIONS, UNDERSTAND THEM, AND ARE BOUND BY THEM.
Tria Beauty reserves the right to make changes and improvements to its products without incurring any obligation to incorporate such improvements in products previously sold.
This warranty is governed by the laws of the State of California, without regard to principles of conflicts of laws, and applicable United States federal law. The United Nations Convention on Contracts for the International Sale of Goods shall not apply. YOU AGREE TO SUBMIT ANY CLAIM, DISPUTE, OR CONTROVERSY (REGARDLESS OF THE FORM OR TYPE OF ACTION) AGAINST US TO ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM UNDER ITS CODE OF PROCEDURE THEN IN EFFECT (available at http://www.arb-forum.com or via telephone at 1-800-474-2371). Except to the extent otherwise required by law, you agree that the arbitration proceedings will take place exclusively in Pleasanton, California, USA. You may be entitled to file suit under state laws without submitting your claim to arbitration first. Information on arbitration may be obtained from, and a claim may be filed with, the National Arbitration Forum at P.O. Box 50191, Minneapolis, MN 55405-0191 USA.
Time for Filing Claims
Any claim for breach of this limited warranty must be commenced by within twelve (12) months following the original purchase of the Tria device.
No Other Warranties
Unless modified in a writing signed by both parties, these warranty terms, conditions and limitations are understood to be the complete and exclusive agreement between the parties, superseding all prior agreements and representations, oral or written, and all other communications between the parties relating to the subject matter of these warranty terms. No employee of Tria Beauty or any other party (including without limitation distributors, dealers, and retailers) is authorized to make any warranty in addition to those made herein.
As used in this contract, "we" and "us" refers to Tria Beauty. "You" refers to the original purchaser of the Tria device. A waiver of strict compliance with any term herein shall not be deemed a continuing waiver or waive any other terms or conditions. We shall be excused from performance to the extent of any delay or inability to perform arising due to weather events, disasters, acts of terror, governmental action or regulation, labor or materials shortages or disputes, or other circumstances not under our control. If any term herein is illegal, invalid, or unenforceable, then such term shall be ignored, but the remaining terms and conditions shall remain in effect.