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Who This Warranty Extends To. This limited warranty extends to the original purchaser of any Away Luggage or, in the case of a gift, the original recipient. The warranty is valid only for the period the Luggage is owned by the original purchaser or recipient. Away limited warranties are not transferable and are not applicable to products used for commercial or rental purposes. A COPY OF THE PURCHASE RECEIPT IS REQUIRED TO DETERMINE WARRANTY APPLICABILITY.
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General Exclusions. These warranties do not cover:
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Replacement of any non-defective pieces in a set (e.g., if one packing cube in a set is defective, only the defective cube will be replaced).
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Any product sold by resellers who are not authorized retailers.
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Products sold “as-is”, “reconditioned”, “used”, “previously owned”, or any other similar wording indicating the product is not “new” or of “first quality”.
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Any defect or damage caused by improper storage, improper maintenance, misuse, mishandling, an “Act of God”, or causes beyond Away’s reasonable control.
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Remedy for a Manufacturing Defect. In the event of a Manufacturing Defect, Away’s sole and exclusive liability and your sole remedy under these limited warranties will be, at Away’s option, and subject to your fulfillment of the requirements of the Claims Center or other currently applicable warranty claim process, provide a repaired or replacement product, or other compensation. Replacement products may, at Away’s discretion, be new or “like new” and certified by Away to meet its quality standards. In addition, replacement products may be provided in a different color, and replacement parts may differ in appearance from the original parts due to product updates, discontinuations, or availability. Away is not obligated to replace non-defective parts to ensure cosmetic uniformity. For clarity, replacement products will not include any personalization, customization, monogramming, or other individualized features that were applied to the original product. For limited edition, discontinued, or out-of-stock items or parts, Away guarantees replacement with a product or part of equal or greater retail value, not an exact replacement. Away reserves the right to limit the number of replacements provided under this warranty in its sole discretion.
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Disclaimer, Limitation on Liability. TO THE EXTENT PERMISSIBLE BY APPLICABLE LAW, THESE WARRANTIES ARE YOUR EXCLUSIVE WARRANTIES. ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE APPLICABLE WARRANTY PERIOD. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT AS SET FORTH IN THESE LIMITED WARRANTIES, IN NO EVENT WILL AWAY OR ITS SUPPLIERS BE LIABLE FOR PROCUREMENT OF SUBSTITUTE PRODUCTS OR OTHER SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATED TO THE PRODUCTS OR THEIR USE BY YOU OR ANY THIRD PARTY, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, PRODUCT LIABILITY OR OTHERWISE. THIS LIMITATION WILL APPLY EVEN IF AWAY HAS BEEN ADVISED OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. AWAY’S TOTAL LIABILITY WILL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT GIVING RISE TO SUCH LIABILITY. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
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Abuse, Fraud, Misuse, and Claim Limits. Away reserves the right to deny warranty claims, or to limit the number of claims per customer or per product, or invalidate warranty coverage entirely in cases of suspected abuse, fraud, or misuse of the product or the warranty process. Away may require additional information or proof of Manufacturing Defect and may investigate claims as necessary. Any determination of abuse, fraud, or misuse will be made in Away’s sole discretion.
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Arbitration and Class Action Waiver. This warranty is subject to the arbitration provisions contained in Away’s Terms of Use, which are incorporated herein by reference and shall govern the resolution of all warranty-related disputes, claims, or controversies.
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Governing Law and Forum Choice. This Limited Warranty will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of New York. Except as otherwise set forth in the Arbitration section, the exclusive jurisdiction for all Disputes will be the state and federal courts located in the State of New York.