2 YEAR LIMITED WARRANTY
Pelican Products, Inc. (“Pelican”) guarantees its Pelican™ Marine Series Mobile Device Covers for two years against breakage or defects in materials and workmanship. Pelican Marine Series covers are guaranteed to provide water ingress protection to a depth of 2 meters for 30 minutes (IP 68) if properly closed with undamaged o-rings and plugs in place unless otherwise stated. To the extent permitted by law, Pelican’s liability is limited to the cover and not its contents and in no event shall Pelican’s liability to the purchaser for damages exceed the purchase price of the cover in respect of which damages are claimed.
TO THE EXTENT PERMITTED BY LAW: (A) THIS WARRANTY IS IN LIEU OF ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) ALL OTHER IMPLIED WARRANTIES AND ANY LIABILITY NOT BASED UPON CONTRACT ARE HEREBY DISCLAIMED AND EXCLUDED; AND (C) IN NO EVENT SHALL PELICAN BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR SPECIAL DAMAGES, REGARDLESS OF WHETHER A CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, NEGLIGENCE OR OTHERWISE.
With valid dated proof of purchase, Pelican will either repair or replace any broken or defective cover at our sole option. Certain products are available for a limited time only. If a claim is made involving one of these products, Pelican reserves the right to replace a broken or defective product with a standard Pelican product of comparable size and quality if no comparable limited edition product is available at the time of a claim. TO THE EXTENT PERMITTED BY LAW, THIS SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF THE PURCHASER. Any repaired or replacement cover is guaranteed only for the unexpired portion of the warranty on the original product purchased.
To make a warranty claim, the purchaser must complete the warranty claim form at pelican.com/claim. Any warranty claims shall be made by the purchaser as soon as practicable and in no event more than two years from the date of purchase. The purchaser must provide valid dated proof of purchase and obtain a return authorization number from Pelican Customer Service prior to returning any product, and is responsible for paying for all warranty freight costs. If Pelican determines that any returned product is not defective, within the terms of this warranty, the purchaser shall pay Pelican all costs of handling, return freight and repairs at Pelican’s prevailing rates.
All warranty claims of any nature are barred if the product has been altered, damaged or in any way physically changed, or subjected to abuse, misuse, negligence or accident. Normal wear and tear, including but not limited to scratches and scuffs to the screen protector are excluded.
Some states and countries do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may have other rights which vary from state to state and country to country.
In Australia: The benefits provided to you under this warranty are in addition to your rights and remedies as a consumer under the Australian Consumer Law as contained in the Competition and Consumer Act 2010 (Cth) (“the Act”). Nothing in this warranty limits the rights or obligations of a party under the Act in relation to the supply to consumers of goods which cannot be limited, modified or excluded. If applicable, our goods come with guarantees that cannot be excluded under the Act. Consumers are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. Consumers are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. If you are not a consumer under the Act, then your rights may be limited. To make a warranty claim, the purchaser may contact Case-Mate, Inc., 7000 Central Parkway, Suite 1050, Atlanta, Georgia 30328 or https://pelicancasemate.zendesk.com/hc/en-us/requests/new. Case-Mate will manage warranty claims for these products on behalf of Pelican Products Australia, Suite 2.33, West Wing, Platinum Bldg., Erina NSW 2250, Tel: +612 4367 7022, or email: firstname.lastname@example.org. Any claims should be made as soon as practicable. To expedite claims, the purchaser should obtain a return authorization number from Pelican Customer Service prior to returning any product. The purchaser is responsible for paying for all freight costs. If Pelican determines that any returned product is not defective, within the terms of this warranty or the Act, the purchaser may pay Pelican all costs of handling, return freight and repairs at Pelican’s prevailing rates. In the event that Pelican determines that any returned product is defective, within the terms of this warranty or the Act, Pelican shall pay the purchaser all reasonable costs of the purchaser in making a claim under this warranty.