LIMITED WARRANTY ON NEW ROLLINK PRODUCTS
Effective [December 2021]
Products (as defined in the Standard Terms and Conditions of Sale) indicated below purchased new from Rollink.com or from an authorized Rollink retailer are subject to the limited warranty set forth herein.
THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
WE WARRANT THAT DURING THE WARRANTY PERIOD, THE PRODUCT WILL BE FREE FROM DEFECTS IN MATERIALS AND WORKMANSHIP.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TO THE DURATION OF THIS EXPRESS LIMITED WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
OUR RESPONSIBILITY FOR PRODUCTS THAT ARE DEFECTIVE IS LIMITED TO REPAIR OR REPLACEMENT AS DESCRIBED BELOW IN THIS LIMITED WARRANTY.
Who may use this warranty?
Rollink Inc. (“Rollink” or “we“) extends this limited warranty only to the consumer who originally purchased the Products (“you” or “your”). It does not extend to any subsequent owner or other transferee of the Products.
What does this warranty cover?
This limited warranty covers defects in materials and workmanship of Products for the Warranty Period as defined below.
What does this warranty not cover?
This limited warranty does not cover any damage due to: (a) transportation; (b) storage; (c) improper use or intentional damage; (d) failure to follow the product instructions or to perform any preventive maintenance; (e) modifications; (f) unauthorized repair; (g) normal wear and tear, such as, without limitation, abrasions, scuffing, fading of color; (h) external causes such as accidents, abuse, or other actions or events beyond our reasonable control; (i) combination lock issues or loss of functionality caused by incorrect use of the locking mechanism; or (j) damage caused by mishandling by third parties, such as airline luggage handlers or other travel operators.
This limited warranty does not cover (i) Products sold “as-is”, “preconditioned”, “reconditioned”, “used”, “comfort return”, “returned”, “previously owned”, or any other similar wording indicating that the Product is not “new” or of “first quality”, or has previously been purchased or used by another consumer; or (ii) any Rollink branded products sold by resellers who are not authorized retailers.
What is the period of coverage?
This limited warranty starts on the date of your purchase and lasts for (the “Warranty Period“) (i) three (3) years in the case of luggage and (ii) one (1) year in the case of travel accessories and all other Products. The Warranty Period is not extended if we repair or replace the Product. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
What are your remedies under this warranty?
With respect to any defective Product during the Warranty Period, we will, in our sole discretion, either repair or replace such Product (or the defective part) free of charge. We will also pay for shipping and handling fees to return the repaired or replacement Product to you. When repairing a Product, we will exercise commercially reasonable efforts to use replacement parts which match the color and look of the original part. In the event we elect to replace your Product, we reserve the right to replace the original Product with the nearest alternative product given that our ranges are updated and discontinued frequently.
How do you obtain warranty service?
To obtain warranty service, you must email our Customer Service Department at [email protected] during the Warranty Period to obtain a Defective Merchandise Authorization (“DMA“) number. No warranty service will be provided without a DMA number. In your email, you must include a copy of your original receipt or purchase confirmation sent to you by Rollink or other Ordering Document in order to obtain a DMA number.
Limitation of liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS:
ARBITRATION; CLASS ACTION WAIVER. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR OUR OFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS LIMITED WARRANTY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE STREAMLINED ARBITRATION RULES AND PROCEDURES OF JAMS, INC. THEN IN EFFECT, AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. AS AN ALTERNATIVE, YOU MAY BRING YOUR CLAIM IN YOUR LOCAL “SMALL CLAIMS” COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT’S RULES AND IF WITHIN SUCH COURT’S JURISDICTION, UNLESS SUCH ACTION IS TRANSFERRED, REMOVED OR APPEALED TO A DIFFERENT COURT. YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF. NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS LIMITED WARRANTY OR ANY AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US OR OUR OFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITY AS SUCH, INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. YOU ALSO AGREE NOT TO PARTICIPATE IN CLAIMS BROUGHT IN A PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE CAPACITY, OR CONSOLIDATED CLAIMS INVOLVING ANOTHER PERSON’S USE OF SERVICES OR THE ACCOUNT, IF WE ARE A PARTY TO THE PROCEEDING. THIS DISPUTE RESOLUTION PROVISION WILL BE GOVERNED BY THE FEDERAL ARBITRATION ACT AND NOT BY ANY STATE LAW CONCERNING ARBITRATION. IN THE EVENT JAMS, INC. IS UNWILLING OR UNABLE TO SET A HEARING DATE WITHIN ONE HUNDRED AND SIXTY (160) DAYS OF FILING THE CASE, THEN EITHER WE OR YOU CAN ELECT TO HAVE THE ARBITRATION ADMINISTERED INSTEAD BY THE AMERICAN ARBITRATION ASSOCIATION. JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT HAVING COMPETENT JURISDICTION. THE ARBITRATION SHALL BE CONDUCTED IN THE ENGLISH LANGUAGE. ANY PROVISION OF APPLICABLE LAW NOTWITHSTANDING, THE ARBITRATOR WILL NOT HAVE AUTHORITY TO AWARD DAMAGES, REMEDIES OR AWARDS THAT CONFLICT WITH THE TERMS OF THIS LIMITED WARRANTY. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF, RELATED TO OR CONNECTED WITH THE PURCHASE OF THE PRODUCTS OR THIS LIMITED WARRANTY MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OF ACTION AROSE OR BE FOREVER BANNED.
30-Day Opt-Out Period. If you do not wish to be bound by the arbitration and class-action waiver provisions set forth above, you must notify us in writing within 30 days of the date that you first purchased the covered Product (unless a longer period is required by applicable law). Your written notification must be mailed to us at the following address: Rollink Inc. 6750 North Andrews Avenue, Suite 200 Ft. Lauderdale, Florida 33309. If you do not notify us in accordance with the foregoing, you agree to be bound by the Arbitration Clause and Class Action Waiver provisions of set forth herein. Such notification must include: (i) your name; (ii) your email and mailing addresses and (iii) a statement that you do not wish to resolve disputes with us through arbitration. If we make any changes to the Arbitration Clause and Class Action Waiver provisions of this Limited Warranty (other than a change to the address at which we will receive notices of dispute, opt-out notices, or rejections of future changes to the Arbitration Clause and Class Action Waiver provisions), you may reject any such change by sending us written notice within 30 days of the change to the address set forth above.