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Whale Spa, Inc - Limited Conditional * Warranty
Whale Spa, Inc. (“Whale Spa”) conditionally warrants your pedicure spa (the “Pedicure Spa”) in accordance with the terms and conditions set
forth below for a period of two (2) years commencing on the original date of shipment of the Pedicure Spa to you. The warranty only applies
to the Pedicure Spa’s original end-user owner or customer (the “Customer”). This Conditional Warranty is non-transferable and replaces any
warranties previously published by Whale Spa.
If examination of the Pedicure Spa by Whale Spa during the applicable warranty period shows it to have a defect in material or workmanship,
Whale Spa will, at its option, repair or replace the defective component or part thereof. Further, Whale Spa may, at its discretion, replace
a defective component or part with a refurbished component or part, or may replace the Pedicure Spa with a refurbished pedicure spa. If
Whale Spa elects to replace the Pedicure Spa, the replacement pedicure spa must be comparable in style and size to the Pedicure Spa.
The Customer shall bear all charges incurred for the shipment to it of replacement components or parts, or a replacement pedicure spa, and
the cost of all labor incurred in repairing defects in the Pedicure Spa or repairing or replacing any of its defective components or parts. The
forgoing limited warranty does not apply:
• to the Pedicure Spa, or any components or parts thereof, if subjected to misuse or neglect or if accidentally or intentionally damaged.
• to the Pedicure Spa, or any components or part, if altered or modified in any way.
• to any expenses incurred by the Customer or any third party, including labor or material, during investigation, removal or reinstallation of
the Pedicure Spa or any defective components or parts.
• to any damage to or impairment of the Pedicure Spa, or any components or parts thereof, caused by any casualty, including without
limitation, accident, fire, wind, floods, acts of nature or attempted theft.
• to any workmanship of a fabricator (other than Whale Spa) or installer of the Pedicure Spa.
• if damage to pump parts and/or motor parts is due to obstructed plumbing.
• if the Pedicure Spa is removed from its place of initial installation.
• to staining, fading, or discoloration of any portion of the Pedicure Spa caused by water additives or improper water treatment.
• to staining, fading or discoloration of the Pedicure Spa’s upholstered seat, armrests or footrests.
• to malfunctions or damage caused by improper installation of the Pedicure Spa, including, but not limited to, failure to meet local, state, or
local plumbing, electrical and building codes.
• to damage resulting from a person standing in the Pedicure Spa’s basin or other similar stress to that basin.
• to freight damage.
• to damage incurred to the Pedicure Spa while in possession of any party other than Whale Spa.
This forgoing conditional limited warranty is also conditional upon:
• the Pedicure Spa being installed by a licensed professional in accordance with Whale Spa’s installation instructions.
• the proper use of cleaning and sanitizing solutions in accordance with the instruction labels provided by Whale Spa. Repeated use of
concentrated chlorine or other chemicals will void this limited warranty.
• avoidance of the use of ionic detox machines that submit any metallic part to reverse electroplating; this use will destroy plated parts and
void the warranty.
• shipment, if requested, to Whale Spa of Pedicure Spa parts or components thought to be defective. Parts or components may only be
returned if authorized in advance by Whale Spa. All returns must be freight prepaid.
• determination by Whale Spa, in its reasonable discretion, that there exists a defect in material or workmanship. Repair or replacement of
any part or component under this Limited Warranty, or furnishing a replacement pedicure spa, shall not extend the duration of the warranty
with respect to such repaired or replaced part beyond the stated warranty period. When a part or component is replaced, it will be under
warranty for 90 days, or for the remaining life of original warranty, whichever period is greater. Customer agrees by using the Pedicure Spa
that:
• THE OBLIGATION OF WHALE SPA SHALL NOT EXTEND TO INDIRECT OR CONSEQUENTIAL DAMAGES OR INJURY WHICH MAY
RESULT FROM SUCH USE
• that the obligations of Whale Spa are limited to those set forth herein • this warranty is limited to the original owner/end-user and is non-
transferable • Whale Spa shall not be liable for any other obligations or liabilities, including, but not limited to: obligations or liabilities arising
out of breach of contract or warranty, negligence, or other tort or any theory of strict liability with respect to the Pedicure Spa or parts or
components thereof or any acts or omissions of Whale Spa.
• Any assistance Whale Spa provides to the Customer outside of terms, limitations, or exclusions of this limited warranty will not constitute a
waiver of any of the foregoing terms, limitations, or exclusions, nor will such assistance extend or revive the warranty.
THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, AND ALL SUCH OTHER
WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, ARE HEREBY DISCLAIMED AND EXCLUDED FROM THIS LIMITED WARRANTY. NO DEALER OR OTHER PERSON HAS
ANY AUTHORITY TO BIND WHALE SPA TO CHANGES OR ADDITIONS TO THIS WARRANTY OR ITS PRODUCTS. ACCORDINGLY,
WHALE SPA IS NOT RESPONSIBLE FOR ANY SUCH OUTSIDE WARRANTIES OR REPRESENTATIONS. IN NO EVENT SHALL WHALE
SPA BE LIABLE IN ANY WAY FOR ANY CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES OF ANY NATURE WHATSOEVER,
OR FOR ANY AMOUNTS IN EXCESS OF THE SELLING PRICE OF THE PEDICURE SPA OR ANY COMPONENTS OR PARTS THEREOF
FOUND TO BE DEFECTIVE. THIS LIMITED WARRANTY GIVES THE CUSTOMER SPECIFIC LEGAL RIGHTS. THE CUSTOMER MAY
ALSO HAVE OTHER RIGHTS WHICH MAY VARY BY EACH JURISDICTION.
For troubleshooting visit: whalespainc.com/troubleshoot
Should your Pedicure Spa require service, please contact:
Whale Spa – Technical Support
1-888-650-7888
email: [email protected]
