IF THE MERCHANDISE YOU PURCHASE FROM IT'S MY TIME, ("IT'S MY TIME", "WE", OR "US") IS SUBJECT TO A THIRD PARTY WARRANTY, THEN THE MERCHANDISE WILL BE GOVERNED BY SUCH THIRD PARTY WARRANTY (TO THE EXTENT SUCH THIRD PARTY WARRANTY IS ASSIGNABLE BY US TO YOU) AND WILL NOT BE GOVERNED BY THIS LIMITED WARRANTY. IF THE MERCHANDISE YOU PURCHASE FROM US IS NOT SUBJECT TO A THIRD PARTY WARRANTY, IT'S MY TIME WARRANTS THAT DURING THE WARRANTY PERIOD (DEFINED BELOW), THE MERCHANDISE THAT YOU PURCHASED FROM US 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 WARRANTY PERIOD.
OUR RESPONSIBILITY FOR DEFECTIVE MERCHANDISE IS LIMITED TO REPAIR OR REPLACEMENT OF THE MERCHANDISE (INCLUDING THE PARTS THEREIN) AS DESCRIBED BELOW IN THIS WARRANTY STATEMENT.
IT'S MY TIME extends this limited warranty only to the consumer who originally purchased the merchandise ("you") from IT'S MY TIME. It does not extend to any subsequent owner or other transferee of the merchandise.
This limited warranty covers defects in materials and workmanship of the merchandise for the Warranty Period as defined below.
This limited warranty does not cover any damage due to: (a) transportation; (b) storage; (c) improper use; (d) failure to follow the merchandise instructions or to perform any preventive maintenance; (e) modifications; (f) unauthorized repair; (g) normal wear and tear; or (h) external causes such as accidents, abuse, or other actions or events beyond our reasonable control.
If the merchandise or any portion of the merchandise that you purchase is subject to a third party warranty, IT'S MY TIME hereby assigns to you all of its rights and remedies under such warranty to the extent that such rights and remedies are assignable. If the merchandise or any portion of the merchandise is not subject to any other warranty as of the date of purchase by you, and subject to the terms of this Limited Warranty, IT'S MY TIME warrants that the merchandise shall be free from defects in material and workmanship under normal use for a period of one (1) year from the date of purchase by you (the "Warranty Period"). The Warranty Period is not extended if we repair or replace the merchandise. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
With respect to any defective merchandise during the Warranty Period, we will, in our sole discretion repair or replace such merchandise (or the defective part) free of charge. We will also pay for shipping and handling fees to return the repaired or replacement merchandise to you if we elect to repair or replace the defective merchandise.
To obtain warranty service, you must email our Customer Service Department at firstname.lastname@example.org during the Warranty Period to obtain a Warranty Merchandise Authorization ("WMA") number. No warranty service will be provided without a WMA number. Once you obtain a WMA number, IT'S MY TIME will provide you with instructions on how to send your merchandise to us for repair or replacement.
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 MERCHANDISE, NOR SHALL WE UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES, WHETHER DIRECT OR INDIRECT.
These terms shall first be resolved by the parties through negotiations, failing which such disputes / differences shall be referred to Arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. Such arbitration proceedings shall be in English and will be held at Bengaluru subject to the jurisdiction of the courts of Bengaluru. The governing law of this contract shall be substantive laws of India. The Award passed by the Arbitrator/s in pursuance of such Arbitration proceedings shall be binding upon parties hereto governed and countered in accordance with the laws in India and shall be subject to the jurisdiction of Courts of Bengaluru.