You may return/exchange an unused item in new condition within 30 days of purchase.
All items must include original packaging.
Customers will be responsible for shipping both ways.
Misfit Clocks/Refurbished item sales are final. No returns or exchanges or warranties.
Please allow 1-3 days for your return to be processed or an exchange to be sent.
For defective items please call 757-955-6273 or email firstname.lastname@example.org to ensure you get the best service.
You may return the items to the address below:
2309 Trelawney Rd
Virginia Beach, VA 23455
SWIMNERD PACE CLOCK – WARRANTY
We stand by the quality of all our products and offer the following warranty.
WHAT IS COVERED
Swimnerd (Swimnerd) warrants that the Swimnerd Pace Clock (Product) shall be free from defect in material and workmanship for a period of two years from the date of purchase when the Product is used under normal uses and conditions and as recommended in the User Guide.
During the warranty period Swimnerd will, at no additional charge to you, repair or replace (at Swimnerd option) the Product if it becomes defective, malfunctions, or otherwise fails to conform with this Limited Warranty.
All shipping and parts shall be the responsibility of the owner.
Original Proof of Purchase is required to invoke this warranty.
WHAT IS NOT COVERED
This Limited Warranty does not cover normal wear and tear on items.
This warranty is void if the Product is improperly stored, assembled, altered and/or modified in any way.
It does not cover misuse/abuse or accident/damage such as scratches, broken cases, or cosmetic damage to paint/finishes.
This Limited Warranty does not extend to any Product that is damaged or rendered defective; (a) as a result of accident, misuse, or abuse; (b) use with the Product of any part not manufactured or sold by Swimnerd; (c) by modification of the Product; (d) by normal wear and tear;(e) operation using incorrect power supplies; or (f) as a result of service by anyone other than Swimnerd, or an authorized Swimnerd service provider.
If a Product requires shipment, delivery or transport it is the purchaser's sole responsibility and to pay for any fees associated with servicing of a Product. Any evidence of alteration, erasing or forgery of proof-of purchase documents voids this Limited Warranty. This Limited Warranty applies only to Product purchased from Swimnerd.
THE PROVISIONS OF THIS WARRANTY ARE IN LIEU OF ANY OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, WRITTEN OR ORAL. TO THE MAXIMUM EXTENT ALLOWED BY LAW, ALL OTHER WARRANTIES, INCLUDING BUT NOT LIMITED TO EXPRESS WARRANTY, IMPLIED WARRANTY, WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, ARE EXPRESSLY EXCLUDED TO THE MAXIMUM EXTENT.
WARRANTY CLAIM PROCESSING
Warranty claims must be accompanied by proof of purchase.
Swimnerd may, at its option, repair or replace any defective Product or parts with new or serviceable used parts that are equivalent in function to the original parts. All exchanged Products and parts replaced under this warranty will at the time of service become the property of Swimnerd.
Swimnerd reserves the right to change manufacturers of any parts to cover any existing warranty. Any parts determined to be defective must be returned to Swimnerd to obtain warranty service. You must prepay any shipping charges, export taxes, customs duties, and taxes, or any other charges associated with transportation of the parts or Product. In addition, you are responsible for ensuring any parts or Product shipped or returned. You assume the risk of loss during shipment.
RECHARGEABLE BATTERY - LIMITED WARRANTY
SWIMPRACTICE.COM TERMS AND CONDITIONS OF BATTERY SALES
- LIMITED WARRANTY: Seller warrants that its products furnished under these terms and conditions of sale (the “Products” or “PRODUCTS”) will conform to and perform in accordance with Seller’s published specifications for such Products as in effect on the date of shipment (within the deviations specified therein) for a period of THREE (3) MONTHS from such date (the “Warranty Period”).
- SELLER’S SOLE LIABILITY AND BUYER’S SOLE AND EXCLUSIVE REMEDY UNDER THE EXPRESS WARRANTY STATED IN THIS SECTION SHALL BE REPAIR OR REPLACEMENT OF ANY PRODUCT UNDER WARRANTY WHICH SELLER REASONABLY FINDS TO BE DEFECTIVE. BUYER SHALL NOTIFIY SELLER IN WRITING OF THE DEFECTIVE PRODUCT AND TYPE OF DEFECT PROMPTLY UPON BUYER’S DISCOVERY OF ANY DEFECTIVE PRODUCT WITHIN THE WARRANTY PERIOD. ALL DEFECTIVE PRODUCTS SHALL BE RETURNED TO SELLER, FREIGHT PREPAID, AND RECEIVED BY SELLER NO LATER THAN TEN (10) DAYS AFTER THE EXPIRATION OF THE WARRANTY PERIOD.
- NO IMPLIED WARRANTIES, REPRESENTATIONS OR CONDITIONS. THE REPRENTATIONS AND WARRANTIES STATED IN SECTION 1 ABOVE ARE IN LEU OF ALL OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS PERTAINING TO THE PRODUCTS, WHETHER WRITTEN, ORAL, STATUTORY OR IMPLIED, INCLUDING, WHITHOUT LIMITTAION, ALL WARRANTIES OF CONDITIONS OR MERCHANTABILITY, MERCHANTABLE QUALITY OF FITNESS FOR A PARTICULAR PURPOSE OR FOR ALL AND ANY OTHER PURPOSES. THIS WARRANTY SHALL NOT APPLY TO ANY DEFECT, PRODUCT DAMAGE TO PROPERTY OR EQUIPMENT OR MERCHANDISE OR EQUIPMENT OR MERCHANDISE PERFORMANCE FAILURE DUE TO OR RESULTING FROM ANY MISAPPLICATION, IMPROPER INSTALLATION, IMPROPER OPERATION, ABUSE, CONTAMINATION, WHETHER BY BUYER OR ITS CUSTOMERS OF THE PRODUCTS, AND SELLER SHALL HAVE NO LIABILITY OF ANY KIND FOR THE FAILURE OF ANY EQUIPMENT OR ANY ITEM IN WHICH THE SELLERS PRODUCT WAS INCORPORATED INTO OR USED WITH. THE WARRANTY IN SECTION 1 SHALL NOT APPLY TO ANY PRODUCTS MANUFACTURED BY SELLER ACCORDING TO OR PURSUANT TO BUYER’S DESIGNATED DESIGNS OR SPECIFICATIONS AND SUCH PRODUCTS SHALL BE SOLD TO BUYER ON AN “AS IS” BASIS WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED.
- LIMTATION OF WARRANTIES, REMEDIES AND LIABILITY: SELLER’S TOTAL LIABILITY FOR ANY CAUSE OF ACTION, IN ANY EVENT, SHALL NOT EXCEED THE PRICE OF THE SPECIFIC PRODUCTS PURCHASED AND SELLER SHALL NOT BE LIABLE FOR, AND BUYER WAIVES ALL CLAIMS FOR, ANY INCIDENTAL,SPECIAL OR CONSEQUENTIAL DAMAGES WHETHER BASED UPON A TORT OR BREACH OF CONTRACT AND WHETHER OR NOT SUCH DAMAGES WERE FORESEAABLE AND WHETHER OR NOT SELLER HAD BEEN ADVISED OR NOTIFIED OF ANY SUCH POSSIBLE DAMAGE OR LOSS.SELLER SHALL NOT BE LIABLE TO BUYER FOR BUYER’S OR USER’S IMPROPER HANDLING,STORAGE,TRANSPORTATION,OR USE OF THE PRODUCTS. SELLER SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY TO PERSON OR PROPERTY RESULTING FROM ANY UNAUTHORIZED MODIFICATION OF THE PRODUCT OR BUYER’S USE OF THE PRODUCT IN COMBINATION WITH OTHER SUBSTANCES OR IN ANY MANUFACTURING PROCESS.
- PERIOD OF LIMITATIONS: Subject to the WARRANTY PERIOD described above, any and all claims for breach of contract, including breach of warranty, must be made in writing by the Buyer within 30 days after the date that cause of action has first occurred. Failure to make such claim should be conclusively deemed as a waiver of any rights or claims under or pursuant to warranty.
- CLAIMS: Buyer shall test and inspect the Products for compliance with this contract within a reasonable time after each shipment, which in any event shall not exceed forty-five (45) days. If Buyer fails to notify Seller in writing within forty-five(45) days after receipt of the Products, and before any part of the goods (except for a reasonable number of Products for testing purposes) have been changed from its original condition, that the Products are defective in any respect or any shipment is short of the number of Products stated in the accompanying invoice and packing list, then Buyer waives any rights or claims against Seller for any claims against Seller regarding the Products including, without limitation, that Products are defective, fail to conform to Seller’s written specifications or the number of Products actually delivered. Seller’s invoice concerning the weights, volumes, size and taxes established in good faith will govern unless Buyer has made a proper claim to Seller within the said forty-five day inspection period.
- TITLE AND RISK OF LOSS: Products shall be shipped F.O.B. Virginia Beach, VA, and shall be deemed delivered to Buyer when delivered to the first carries or transportation company at the shipping point. Unless otherwise agreed in writing by Seller, all the transportation charges and expense shall be paid by Buyer, including the cost any insurance against loss or damage in transit which seller may obtain.