Moment Lifetime Guarantee

Moment Lifetime Guarantee

Compatibility Notice

Our products are guaranteed to work with the original device or setup you bought them for. Due to evolving tech, this guarantee doesn’t extend to future devices or updates. Even if it’s a “universal” item, like a lens, this coverage only applies to the original setup.

Important Legal Information

This Lifetime Guarantee is in addition to, and does not affect your statutory rights. For example, EU customers are entitled to a two-year legal guarantee covering defects present at delivery, even if they become apparent later.

Applicable Law

This Lifetime Guarantee is governed by the laws of [Your Country of Origin]. Consumers within the EU may also benefit from additional rights under their local laws.

WARRANTY CLIFF NOTES

What It Generally Covers

+ Defects in the original product assuming you are using the product in the manner it was designed
+ Hardgoods: i.e. photography, filmmaking.
+ Softgoods: i.e. normal use product was intended for

What It Generally Does NOT Cover
+ Hardgoods: You altering, modifying, or destroying the product taking actions that aren’t typical with mobile photography.
+ Softgoods: Cosmetic blemishes, scratches, stains, or wear & tear

Outside Retail Warranty
If you have bought from an outside retail vendor please provide proof of purchase to qualify for the warranty.

FULL WARRANTY

MOMENT INC. LIMITED WARRANTY

Moment Inc. (“Manufacturer”) warrants to the original end user (“Purchaser”) that for the product lifetime (“Warranty Period”), the Product (excluding (i) any third party made products (ii) any third party software and (iii) your phone) will be free from defects in materials and workmanship when properly installed and used for its intended purpose and in its intended operating environment. This warranty does not apply to any Product that has been: (i) altered, repaired or modified or (ii) damaged or destroyed by accidents or similar events or by any intentional, reckless or negligent acts or omissions of any party other than Manufacturer. In the event of a defect, return the Product to the original place of purchase or Manufacturer, but only after instructed to do so by Manufacturer. Purchaser shall ship and bear the cost of shipping the Product to Manufacturer and Manufacturer shall bear the cost of shipping the Product back to Purchaser after the completion of service under this limited warranty. Purchaser’s exclusive remedy and Manufacturer’s entire liability under this warranty will be for Manufacturer at its option to repair or replace the Product or refund purchase price less any rebates. Unless specifically instructed to do so by Manufacturer, do not ship your phone to Manufacuturer; Manufacturer does not warrant against loss of any phone inappropriately shipped to Manufacturer. Purchaser assumes all liability, and as such releases Manufacturer from any liability, for any accident, injury, damage, death, loss, illegal activity or any other claim that may occur resulting from or during use of the Product, whether or not such use is foreseeable by Manufacturer.

ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THE APPLICABLE EXPRESS WARRANTY. ALL OTHER EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF NON-INFRINGEMENT, ARE DISCLAIMED. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to Purchaser. This warranty gives Purchaser specific legal rights, and Purchaser may also have other rights which vary by jurisdiction.
All third party software provided with the Product is provided “AS IS”. Purchaser assumes the entire risk as to the quality, performance, accuracy and effect of such software, and should it prove defective, Purchaser, and not Manufacturer, assumes the entire cost of all necessary servicing or repair. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL MANUFACTURER BE LIABLE FOR ANY LOST DATA, REVENUE OR PROFIT, OR FOR SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, HOWEVER CAUSED REGARDLESS OF THE THEORY OF LIABILITY, ARISING OUT OF OR RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF MANUFACTURER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL MANUFACTURER’S LIABILITY EXCEED THE AMOUNT PAID BY PURCHASER FOR THE PRODUCT.

The foregoing limitations will apply even if any warranty or remedy provided under this Agreement fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to Purchaser.

Manufacturer Disclaimer: All purchasers, users, and any or all parties involved or engaging in the use of Products agree to the following:

• Manufacturer does not promote or endorse high risk, careless and/or dangerous actions when using its products.
• Manufacturer is not liable for any use or misuse of Products or any photos or video captured that may be considered illegal.
• Manufacturer is not responsible for any illegal actions taken while capturing, attempting to capture, or editing photos or videos that was captured with Products.
• Products’ primary purpose is to make the world a better place through beautiful photography as seen by all Local, State, Federal, and Country laws.

Products and/or associated software and other Manufacturer’s products are protected by copyright, international treaties, and various patents, including: U.S. patents: D616006 and D621435. Other patents are ds registered or pending in the U.S. and in various countries around the world. Visit shopmoment.com for a list of applicable patents.

All trademarks and registered trademarks mentioned herein are recognized
as the property of their respective holders. shopmoment.com ©2019 Moment Inc. All rights reserved.

Governing Law and Arbitration. This Limited Warranty shall be governed by the laws of the State of Washington without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Any claim or dispute in connection with this Limited Warranty shall be resolved in a cost effective manner through binding non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the foregoing arbitration clause does not apply for any reason, you agree to submit to the personal jurisdiction of the state courts located within King County, Washington and the federal courts in the Western District of Washington for the purpose of litigating all such claims or disputes, which courts shall have exclusive jurisdiction of such claims or disputes. Notwithstanding the foregoing, Manufacturer may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.

CAUTIONS AND WARRANTY

Warning: Failure to follow these safety instructions could result in injury or damage.

Disposal Information: Do not dispose of the Moment product (including accessories provided by Moment Inc., the “Product”) in a fire. Dispose of the lens and mounting plate in accordance with local laws and regulations.

Repairing or Modifying: Never attempt to repair or modify any Product yourself. Disassembling a Product, including the removal of external components, may cause damage that is not covered under the warranty. The Product does not contain any user-replaceable parts.