Device Limited Warranty
WHISTLE LIMITED WARRANTY
Mars, Inc. d/b/a Whistle (“Whistle,” “we,” or “us”) provides this Limited Warranty for the Covered Products identified below, to the original purchaser of said Covered Products (“you”). Please note that this Limited Warranty is effective only for purchases made on or after 04-02-2023.
1. COVERED PRODUCTS
For purposes of this Limited Warranty, “Covered Products” include:
- Whistle Health Limited Edition devices
- Whistle Health & GPS devices
- Whistle Health & GPS+ devices
2. LIMITED WARRANTY
We warrant that the Covered Product that you purchased from Whistle, or Whistle’s authorized third-party distributor, retailer, or reseller (each, an “Authorized Reseller”), shall be free from defects in materials and workmanship under normal use for a period of six (6) months (the “Warranty Period”) from the date of your purchase of the Covered Product (or, if delivered to you by mail, by the date of your first receipt of the Covered Product), as documented by a receipt, invoice, and/or delivery documentation from Whistle or the applicable Authorized Reseller.
3. RESTRICTIONS AND EXCLUSIONS
Please note the following important restrictions and exclusions to the Limited Warranty:
This Limited Warranty applies only to Covered Products that bear the Whistle trademark, trade name, or logo. Whistle will not be bound by the Limited Warranty with respect to any product which has been rebranded, or on which Whistle’s trademarks have been modified, obscured, defaced, or removed.
The Limited Warranty does not apply to any software, applications, or online services integrated with the Covered Products. Please refer to the applicable end user licensing agreement that governs your use of such software, application, or service for a description of the relevant legal terms and conditions.
This Limited Warranty does not apply to any consumable parts of a Covered Product (e.g. batteries or other disposable power sources). This Limited Warranty does not apply to any damage or defect to the Covered Product caused by: (i) use of the Covered Product with other products or materials not supplied by Whistle; (ii) abuse, misuse, accident (including spillage of liquids or other harmful substances), your negligence, or any other external causes; (iii) use of the Covered Product in violation of any instructions or guidelines set forth in the product specifications and usage manuals provided with the Covered Product; (iv) use of improper voltage or power supply for the Covered Product; or (v) attempted maintenance, repair, or modification by anyone other than an authorized technician or other representative of Whistle.
This Limited Warranty does not apply to (1) cosmetic or superficial damage to the Covered Product, such as scratches, dents, or chipped paint; or (2) corrosion, rust, or ordinary wear and tear; or (3) lost or misplaced Covered Products.
Consumers in some jurisdictions may have legal rights under applicable state, federal, or international legislation governing the sale of consumer goods, which according to their express terms cannot be modified, waived, or superseded by contract. These rights are not affected by the terms and conditions of this Limited Warranty.
Upon receipt of your valid claim on the Limited Warranty within the Warranty Period, Whistle will, at its option, either: (1) repair the Covered Product at no additional charge so that it complies with the Limited Warranty, or (2) send a replacement Covered Product a product that is reasonably equivalent to the Covered Product and which complies with the Limited Warranty. You acknowledge that Whistle may use refurbished parts or products in connection with such remedies. If Whistle determines (in its sole discretion) that repair or replacement are not practicable or commercially feasible, Whistle will refund to you the purchase price of the Covered Product as set forth in your receipt or proof of purchase. To the maximum extent permitted under applicable law, the remedies set forth in this paragraph are your sole and exclusive remedies for Whistle’s breach of the Limited Warranty. You may be responsible for shipping and handling charges for the delivery of a repaired or replacement Covered Product, unless prohibited by applicable law. The Limited Warranty shall continue to apply to a repaired or replaced Covered Product through the later of: (i) the remainder of the Warranty Period of the original purchased Covered Product; or (ii) the minimum amount of time required under applicable laws or regulations governing the Limited Warranty.
5. WARRANTY CLAIMS
If you have a valid claim under this Limited Warranty for your Covered Product, please contact Whistle at firstname.lastname@example.org. In your request, you must include the serial number of the Covered Product, an explanation of the issue giving rise to the Limited Warranty claim, a description of any efforts taken by you to fix the issue, photographs of the damage or defect (if applicable), and, if requested by Whistle, your proof of purchase. Whistle will review your submission and if the Limited Warranty claim is valid, will send confirmation to you regarding next steps.
If Whistle’s confirmation directs you to return the Covered Product, you shall deliver the defective Covered Product to Whistle, in either its original packaging or substantially equivalent packaging, together with your proof of purchase. By sending the Covered Product, you agree that ownership of the defective Covered Product is transferred to Whistle upon successful delivery.
If Whistle determines that the Limited Warranty claim is valid, Whistle will be responsible for the cost of shipping the repaired or replacement Covered Product to you. Any Covered Product returned to Whistle without a valid Limited Warranty claim may be rejected, returned at your cost (subject to prepayment), or disposed of in Whistle’s sole discretion, with no further liability or obligation to you.
All claims and requests for warranty service must be made within the Warranty Period. Whistle has no obligation to honor or respond to any claims or requests following expiration of the Warranty Period.
No Whistle employee or Authorized Reseller is authorized to make any modification, extension, or addition to this Limited Warranty, and Whistle shall not be responsible or liable for any such modification, extension, or addition. This Limited Warranty sets forth the sole and exclusive terms of Whistle’s warranty to you for the Covered Products. Whistle reserves the right to change the terms of this Limited Warranty by posting a new version of the warranty to this webpage, provided that your Covered Product shall be subject to the version of the Limited Warranty then in effect at the time of first delivery of said Covered Product to you.
WHISTLE MAKES NO WARRANTY TO YOU REGARDING THE COVERED PRODUCTS OUTSIDE OF THE LIMITED WARRANTY. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WHISTLE EXPRESSLY DISCLAIMS ALL IMPLIED REPRESENTATIONS, WARRANTIES, AND CONDITIONS REGARDING THE COVERED PRODUCTS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WHISTLE DOES NOT WARRANT TO YOU THAT THE PERFORMANCE OF THE COVERED PRODUCTS WILL BE ACCURATE OR ERROR-FREE, OR OTHERWISE MEET YOUR EXPECTATIONS OR REQUIREMENTS. ANY IMPLIED WARRANTIES WHICH CANNOT BE DISCLAIMED UNDER APPLICABLE LAW SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY.
SOME OF THE FOREGOING DISCLAIMERS AND LIMITATIONS MAY NOT BE PERMITTED UNDER THE APPLICABLE LAWS OF YOUR JURISDICTION. IN SUCH EVENT, THE FOREGOING DISCLAIMERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WHISTLE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE OR DATA, RESULTING FROM ANY BREACH OF ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION REGARDING THE COVERED PRODUCTS (INCLUDING WITHOUT LIMITATION THIS LIMITED WARRANTY), REGARDLESS OF THE LEGAL THEORY OR CAUSE OF ACTION UNDER WHICH SAID BREACH IS CLAIMED, AND EVEN IF WHISTLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If any term of this Limited Warranty is held to be illegal or unenforceable by government order or operation of law, such term shall be severed from the Limited Warranty, such that the remainder of the Limited Warranty shall continue in full force and effect to the maximum extent permitted under applicable law.
10. GOVERNING LAW
This Limited Warranty shall be governed by the laws of the State of New York, USA, without giving effect to its principles of conflict of laws.