GO² Device $5,000 Dental Warranty
CERTIFICATE OF LIMITED WARRANTY AND DISCLAIMER Peep Performance LLC 1. Exclusive Limited Warranty. Peep Performance (GO²) hereby warrants that the GO² Device enclosed herein is free from defects in material and workmanship which could cause damage or injury to the medically and dentally sound and healthy natural teeth of the original purchaser when used correctly according to all instructions in a properly supervised athletic contest or coach-supervised training session. This Limited Warranty and Disclaimer shall extend for a period of one (1) year from the date of original retail purchase. This Limited Warranty and Disclaimer shall only extend to the original purchaser of the GO² Device enclosed herein. This Limited Warranty and Disclaimer is the exclusive remedy. GO² Devices obligations under this Limited Warranty and Disclaimer shall be limited to the lesser of: (a) the actual dental expenses incurred by the original purchaser; or (b) $156.25 per injured or replaced tooth, up to a maximum total liability of $5,000 per incident. Dental or tooth injuries that occur during the same athletic contest or coach-supervised training session shall be deemed to be one incident, regardless of the number of rounds, practices, breaks, contests, and/or fights that occur during such athletic contest or training session and regardless of whether the damages or injuries are separated in time or occur or are the result of one or more rounds, contests, and/or fights involving one or more partner(s) or opponent(s) and/or the same or different partner(s) or opponent(s). GO² Devices obligations under this Limited Warranty and Disclaimer shall be reduced by the amount of any insurance that is or may be collected, available, or payable for the damage, injury, or liability claimed, regardless of the source of such insurance. GO² Devices may require the person making the warranty claim to assign any insurance policies, claims, payments, or proceeds to GO² Devices as a condition of payment under this Limited Warranty and Disclaimer. GO² Devices may require the person making the warranty claim to grant GO² Devices the right of subrogation to any insurance policies, claims, payments, or proceeds. This Limited Warranty and Disclaimer does not provide payment or indemnity for orthodontic treatments or preparation of a tooth (or teeth) to be used as an anchor for a bridge. This Limited Warranty and Disclaimer does not apply to dental expenses necessitated by a preexisting dental or orthodontic condition. 2. Exclusive Method for Obtaining Limited Warranty Coverage. GO² shall have no liability or responsibility under this Limited Warranty and Disclaimer unless: (a) the claimant provides a written statement to GO² Devices that the GO² Device was correctly fitted by claimant in accordance with all printed instructions accompanying this Limited Warranty and Disclaimer and the GO² Device and (b) a full and complete written notice of the injury and damage is actually received by GO² at the mailing address provided herein, within thirty (30) days after the occurrence of the injury or damage; and (c) the notice of injury is substantiated by a written statement from all professionally licensed dentists who rendered treatment to or on behalf of the claimant. Such written statement(s) must: i. provide a radiograph (x-ray) of the injured or damaged tooth (teeth) that was taken prior to the accident and that shows the tooth (teeth) to be of sound dental structure and medical condition and further shows no prior dental work was performed or damage was done to the tooth (teeth) prior to the complained-of injury; and ii. provide a radiograph (x-ray) of the injured or damaged tooth (teeth) that was taken immediately after the injury or damage; and iii. certify that he or she performed dentally- or medically-required dental work to the injured or damaged tooth (teeth) within thirty (30) days of the date of the injury or damage; and iv. include a true copy of all the submitted dental and medical insurance claim form(s) that relate to the injured or damaged tooth (teeth) and the dental work that was performed thereon; and v. include a true copy of the explanation of any benefits from the dental and/or medical insurance carrier(s); and (d) a statement of a participating game official, if a supervised athletic contest, or a supervising coach or school superintendent, if a supervised training session, that the GO² Device was in correct and proper use (according to all the manufacturer's instructions) and correctly fitted at the time of the damage or injury; and (e) the GO² Device that is enclosed herein is returned to GO² along with all the documentation and information required to obtain coverage under this Limited Warranty and Disclaimer; and (f) the original Limited Warranty and Disclaimer is returned to GO² and (g) the original proof of purchase is returned to GO² and (h) the original store receipt showing purchase of the GO² Device enclosed herein is returned to GO² and (i) all documentation, information, and other items required to obtain warranty coverage under this Limited Warranty and Disclaimer is actually received by GO² at the following address:
GO² Devices
9230 Katy Freeway, Suite 600
Houston, TX 77055
There shall be no presumption of receipt because the claimant deposited these items in the mails of the United States Postal Service or in the custody and control of a private delivery or courier service. Claimant shall bear the burden of proving actual receipt. Claimant shall be solely responsible for all costs of mailing or shipment. The GO² Device and all other documents and information provided to GO² shall become the sole property of GO² upon receipt of return. Under no circumstances shall GO² return the GO² Device or any other documents or information, and claimant(s) shall indemnify and hold GO² harmless for such retention. 3. Choice of Law and Venue. This Limited Warranty and Disclaimer shall be governed and interpreted by the laws of the State of Texas. The exclusive venue shall be the federal and state district courts located in Houston, Harris County, Texas 4. Limitation on Incidental and Consequential Damages. In no event shall this Limited Warranty and Disclaimer cover incidental or consequential damages. Peep Performance LLC specifically disclaims any warranty coverage or liability for incidental or consequential damages that may arise out of or relate to any use of the enclosed GO² Device. However, some states do not permit the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. 5. DISCLAIMER OF IMPLIED WARRANTIES. GO² SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. THIS LIMITED WARRANTY AND DISCLAIMER IS MADE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING, PERFORMANCE, CUSTOM, USAGE, OR TRADE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, GO² DISCLAIMS ALL LIABILTY FOR LOSS, INJURY, OR DAMAGE BASED UPON NEGLIGENT DESIGN OR DEFECTS IN MATERIALS AND WORKMANSHIP FOR THE ENCLOSED GO² DEVICE. IF THIS LIMITED WARRANTY AND DISCLAIMER IS FOUND TO BE GOVERNED BY THE MAGNUSON-MOSS WARRANTY ACT, ANY IMPLIED WARRANTY THAT MAY SURVIVE THIS DISCLAIMER OF ALL IMPLIED WARRANTIES SHALL BE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY (ONE (1) YEAR FROM THE ORIGINAL DATE OF RETAIL PURCHASE). If the law of the state in which you are domiciled does not permit a limitation of implied warranties, this limitation may not apply to you. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state. Federal law may also provide you with other legal rights. 6. Merger and Integration. This writing is intended as the final expression of the agreement between GO² and the original purchaser with respect to warranties. No person, agent, distributor, dealer, service station, or company is authorized to change, modify, or extend the terms of this Limited Warranty and Disclaimer in any manner whatsoever. The seller's salespeople may have made oral statements about the merchandise described in this contract. These statements are not warranties, should not be relied on by the buyer, and are not part of the contract for sale or this Limited Warranty and Disclaimer. The entire Limited Warranty and Disclaimer are embodied in this writing. This writing is a complete and exclusive statement of the terms of any warranties offered by GO². GO² makes no other warranty beyond that contained in this writing. Keep this Limited Warranty and Disclaimer, the original store receipt showing purchase of the enclosed GO² Device, and the original proof of purchase for the enclosed GO² Device for your records. In case of injury or damage, you must provide these items to GO². Your failure to keep these records may prevent you from seeking coverage under this Limited Warranty and Disclaimer. Warning: Do not chew the GO² Device, or if GO² Device is showing signs of wear, cracks, separation of layers or splits, discard it and purchase a replacement immediately. An adult should check their child's fit of the GO² Device regularly during the period of jaw growth. Please make sure to label your GO² Device and case indelibly with your name.
DISCLAIMERS
This warranty is the exclusive warranty given by GO² and is made in lieu of all other warranties, express or implied, including but not limited to any implied warranty of merchantability or fitness for a particular purpose and any implied warranty arising out of a course of a dealing, custom, usage or trade. Except as is otherwise expressly provided herein, GO² disclaims all liability for loss, injury or damage based upon negligent design or defects in materials and workmanship for the GO² Device. GO² shall not be liable for any special, indirect, incidental, exemplary, punitive or consequential damages.
GO² is not responsible for damage arising from normal wear and tear; failure to follow instructions relating to the GO² Device’s use; loss or theft; disassembly or alterations; accident, abuse, misuse, or other external causes; or exposure to liquids, extreme thermal conditions, or other environmental conditions.
Warnings
- Avoid situations where inhalation or swallowing of the mouth guard could occur.
- Do not stretch any parts of GO² Device in any way.
- Do not overheat the GO² (over 170°F). Protect your GO² Device from warm environments, such as hot dashboards in cars.
- Do not clean the GO² in your dishwasher or washing machine, since this could lead to deforming and weakening of the material.
- Follow the instructions regarding cleaning and storage.
- Do not disassemble or try to repair the GO² Device. There are no user-serviceable parts in the GO² Device. Disassembling a GO² Device will void this warranty.
- Regularly inspect the GO² Device for damage and immediately stop using the GO² Device if damage is discovered.
RETURN AUTHORIZATION
How To Request Return
Note: Items purchased from a GO² retailer must be returned to the place of purchase.
Securely pack your product in a cardboard box and use a shipping service that offers both insurance and tracking to ensure a safe delivery of your product. GO² is not responsible for packages lost or damaged in transit. You may return your product purchased for a full refund or exchange if:
- Your product is found to be defective. Your GO² on-line purchase is warranted against all manufacturer defects only.
- Item/items may be returned in good condition and in original packaging within 30 days of purchase.
Please include the following information in your package:
- Your name, return address, e-mail address and telephone number.
- A brief description of the problem or service you are requesting.
- A copy of the receipt dated within the warranty period for your product.
- Return packing slip from the original order to receive full credit of returned item.
GO² Devices
9230 Katy Freeway, Suite 600
Houston, TX 77055