Bigscreen Hardware Warranty
Bigscreen Hardware Warranty
Have you tried turning it off and on again?
HARDWARE LIMITED WARRANTY & AGREEMENT
LOCAL APPLICABILITY
IF YOU ARE A CONSUMER WHO LIVES IN A EUROPEAN UNION MEMBER COUNTRY, THE UNITED KINGDOM, THE PROVINCE OF QUEBEC (CANADA), AUSTRALIA, OR NEW ZEALAND, THIS LIMITED WARRANTY & AGREEMENT DOES NOT APPLY TO YOU. INSTEAD, YOU ARE ENTITLED TO THE STATUTORY WARRANTIES OR GUARANTEES PROVIDED BY YOUR HOME JURISDICTION.
SECTION 6.0 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES ARE RESOLVED. PLEASE READ IT. IF YOU ARE A CONSUMER WHO LIVES IN RUSSIA, YOU MAY UTILIZE THE ARBITRATION PROCESS IDENTIFIED IN SECTION 6 OR YOU MAY USE LOCAL RUSSIAN STATE COURTS TO RESOLVE YOUR DISPUTE.
By buying, receiving, or using the Hardware, you agree to this Hardware Limited Warranty & Agreement. If you do not agree, do not use the Hardware, but return it to Bigscreen for a refund as described in the Hardware Refund Policy or to your retailer in accordance with its return policy. Bigscreen will refund your shipping charges for the least expensive method if you return it to Bigscreen for this reason and you have not used the Hardware.
This Hardware Limited Warranty & Agreement (“Warranty”) applies to Bigscreen hardware products including without limitation: Bigscreen Beyond, Bigscreen VR Headset, and their related accessories (individually and collectively, the "Hardware"). This Warranty is provided by Bigscreen Inc. For Hardware purchased through the Internet, the Hardware will be deemed for all purposes to have been purchased in the country where the original Purchaser (“Purchaser”) lived when buying the Hardware. This Warranty is transferrable to natural persons who receive the Hardware as a gift from the Purchaser; transfer pursuant to this sentence shall not otherwise expand this Warranty. Purchaser remains bound to comply with his or her obligations under this Warranty, including dispute resolution/binding arbitration/class action waiver.
1.0 Limited Warranty
Bigscreen guarantees that the Hardware is free from defects in materials and workmanship under regular consumer usage for a period of one (1) year from the shipment date (referred to as the "Warranty Period"). Throughout the Warranty Period, if the Hardware fails to function properly due to a defect in materials or workmanship, and as long as you adhere to the provided return instructions for warranty service, Bigscreen will, at its discretion, choose to: (i) repair the Hardware, (ii) replace the Hardware with a new or refurbished product offering equal or enhanced features, or (iii) refund your original purchase price. THIS IS YOUR SOLE REMEDY UNLESS LOCAL LAW PROVIDES OTHERWISE.
Return Policy: You may have the right to return the Hardware for a refund within a specified number of days after your purchase. Please refer to the Hardware Refund Policy for more information.
This Warranty, in compliance with applicable laws, remains valid for any replacement Hardware for the remaining duration of the original Warranty Period or for a period of ninety (90) days, whichever is longer. Any replaced components and all Hardware eligible for a refund shall become the property of Bigscreen.
2.0 Service and Return Instructions
For detailed instructions about how to obtain warranty service for your Hardware, please refer to our RMA Guide available on our website. International warranty service is only available in countries where Bigscreen or its authorized retailers actively distribute the Hardware at the time of your purchase.
To initiate a warranty claim, you must notify Bigscreen of your claim through our Support Pages during the Warranty Period and provide a dated sales receipt for the Hardware upon request. You must also comply with all other terms and restrictions outlined in this Warranty. In the United States of America, Bigscreen will provide a return shipping address, a prepaid shipping label for the outer box, and an RMA (Returned Materials Authorization) label, which should be placed inside the box. In other countries, you may be directed to return the Hardware to your original place of purchase or as instructed by Bigscreen.
When shipping the Hardware for warranty service, it must be securely packaged in either the original packaging or an equally protective packaging. If the Hardware requires repair or replacement covered by this Warranty, Bigscreen will cover the costs of shipping the repaired or replacement Hardware back to you. However, if the Hardware does not require repair or replacement, you will be responsible for the costs of shipping the Hardware back to you. It is important to include all requested components or information as specified in the Support Pages when returning the Hardware to avoid delays in the repair process. If the Hardware requires repair or replacement but is not covered under the Limited Warranty (e.g., due to misuse), Bigscreen will contact you to discuss replacement options, associated costs, and payment arrangements, including the costs of shipping the Hardware back to you. Please note that Hardware shipped to Bigscreen without pre-authorization will not be returned, and any replaced parts or Hardware will not be returned.
3.0 Exclusions
The Limited Warranty does not apply if the Hardware:
- has been modified or repaired by anyone except a Bigscreen-designated service center and the cause of the issue for which you seek service is the modification or repair, or damage caused by either;
- has had its serial number removed, altered, replaced, defaced, or rendered illegible;
- is abused, misused, improperly maintained, mishandled, or neglected;
- is damaged by exposure to an accident, natural disaster, or any other events or circumstances outside Bigscreen's control;
- is used in any manner inconsistent with the acceptable practices identified in the Hardware manual;
- is cleaned in any manner other than as specified in the Hardware manual;
- is returned for repair or replacement in packaging that does not meet the specifications identified above in the return instructions, or is otherwise mishandled by the purchaser or the common carrier prior to its return;
- is used for commercial purposes; or
- is sold "AS IS" or in "REFURBISHED" condition.
The Limited Warranty exclusions do not apply to normal usage or ordinary wear and tear, including, without limitation, scratches or marks on the Hardware's exterior derived from ordinary use.
4.0 Limitations
IF YOUR LOCAL LAW GIVES YOU ANY IMPLIED WARRANTY,
INCLUDING AN IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, ITS DURATION IS THE SAME
AS THIS WARRANTY. SOME STATES, PROVINCES, OR COUNTRIES DO
NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
UNLESS OTHERWISE PROVIDED UNDER YOUR LOCAL LAW, BIGSCREEN IS NOT RESPONSIBLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; ANY LOSS OF DATA, PRIVACY, CONFIDENTIALITY, OR PROFITS; OR ANY INABILITY TO USE YOUR HARDWARE. THESE EXCLUSIONS APPLY EVEN IF BIGSCREEN HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME STATES, PROVINCES, AND COUNTRIES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
TO THE EXTENT PERMITTED BY YOUR LOCAL LAW, IF YOU HAVE ANY BASIS FOR A REMEDY BEYOND REPAIR, REPLACEMENT, OR REFUND, BIGSCREEN'S LIABILITY TO YOU CAN BE NO MORE THAN THE PURCHASE PRICE PAID FOR THE HARDWARE. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY.
5.0 Governing Law and Place to Resolve Disputes
You and Bigscreen agree that this Warranty shall be deemed to have been made and executed in the State of California, U.S.A., and Californian law, excluding conflict of laws principles and the Convention on Contracts for the International Sale of Goods, governs all claims arising out of or relating to: (i) any aspect of the relationship between us; (ii) this Warranty; or (iii) the Hardware, its price, the purchase transaction, or anything else relating to the Hardware except that the U.S. Federal Arbitration Act governs arbitration as far as your country’s laws permit. Subject to the Dispute Resolution/Binding Arbitration/Class Action Waiver below, you and Bigscreen agree that any claim asserted in any legal proceeding shall be commenced and maintained exclusively in any state or federal court located in King County, Washington, having subject matter jurisdiction. You and Bigscreen consent to the exclusive jurisdiction of such courts. In any dispute, the prevailing party will be entitled to attorneys’ fees and expenses (except arbitration—see Section 6.0 Dispute Resolution/Binding Arbitration/Class Action Waiver).
6.0 Agreement: Dispute Resolution/Binding Arbitration/Class Action Waiver
This Section 6.0 shall apply to the maximum extent permitted by applicable law. Most user concerns can be resolved by use of our Bigscreen Support Site. If Bigscreen is unable to resolve your concerns and a dispute remains between you and Bigscreen, this Section explains how the parties have agreed to resolve it.
A. Must Arbitrate All Claims Except IP, Unauthorized Use, Piracy, or Theft
YOU AND BIGSCREEN AGREE TO RESOLVE ALL DISPUTES AND CLAIMS BETWEEN US IN INDIVIDUAL BINDING ARBITRATION. THAT INCLUDES, BUT IS NOT LIMITED TO, ANY CLAIMS ARISING OUT OF OR RELATING TO: (i) ANY ASPECT OF THE RELATIONSHIP BETWEEN US; (ii) THIS WARRANTY; OR (iii) THE HARDWARE, ITS PRICE, THE PURCHASE TRANSACTION, OR ANYTHING ELSE RELATING TO THE HARDWARE. IT APPLIES REGARDLESS OF WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, STATUTE, FRAUD, UNFAIR COMPETITION, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, AND INCLUDES ALL CLAIMS BROUGHT ON BEHALF OF ANOTHER PARTY.
However, this Section 6.0 does not apply to the following types of claims or disputes, which you or Bigscreen may bring in any court with jurisdiction: (i) claims of infringement or other misuse of intellectual property rights, including such claims seeking injunctive relief; and (ii) claims related to or arising from any alleged unauthorized use, piracy, or theft.
This Section 6.0 does not prevent you from bringing your dispute to the attention of any federal, state, or local government agencies that can, if the law allows, seek relief from us for you.
An arbitration is a proceeding before a neutral arbitrator, instead of before a judge or jury. Arbitration is less formal than a lawsuit in court and provides more limited discovery. It follows different rules than court proceedings and is subject to very limited review by courts. The arbitrator will issue a written decision and provide a statement of reasons if requested by either party. YOU UNDERSTAND THAT YOU AND BIGSCREEN ARE GIVING UP THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BEFORE A JUDGE OR JURY.
B. Try to Resolve Dispute Informally First
You and Bigscreen agree to make reasonable, good faith efforts to informally resolve any dispute before initiating arbitration. A party who intends to seek arbitration must first send the other a written notice that describes the nature and basis of the claim or dispute and sets forth the relief sought. If you and Bigscreen do not reach an agreement to resolve that claim or dispute within 30 days after the notice is received, you or Bigscreen may commence an arbitration. Written notice to Bigscreen must be sent via postal mail to: ATTN: Arbitration Notice, Bigscreen Inc. 440 N. Barranca Ave. #9667, Covina, CA 91789
C. Arbitration Rules and Fees
The U.S. Federal Arbitration Act applies to this Section 6.0 as far as your country’s laws permit. The arbitration will be governed by the Consumer Arbitration Rules (or the Commercial Arbitration Rules if the Consumer Arbitration rules are inapplicable) of the American Arbitration Association (“AAA”) as modified by this Agreement. Rules are available at http://www.adr.org. The AAA will administer the arbitration. Outside the U.S., Bigscreen will select a neutral arbitration provider that uses these or similar rules. It may be conducted through the submission of documents, by phone, or in person in the country where you live or at another mutually agreed location.
If you seek $10,000 or less, Bigscreen agrees to promptly reimburse your filing fee and your share, if any, of AAA’s arbitration costs, including arbitrator compensation, unless the arbitrator determines your claims are frivolous or were filed for harassment. Bigscreen agrees not to seek its attorneys’ fees or costs unless the arbitrator determines your claims are frivolous or were filed for harassment. If you seek more than $10,000 and the AAA Consumer Arbitration Rules do not apply, the AAA’s arbitration costs, including arbitrator compensation, will be split between you and Bigscreen according to the AAA Commercial Arbitration Rules.
D. Individual Binding Arbitration Only
YOU AND BIGSCREEN AGREE NOT TO BRING OR PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, WHISTLEBLOWER ACTION, OR CLASS, COLLECTIVE, OR REPRESENTATIVE ARBITRATION, EVEN IF AAA’s RULES WOULD OTHERWISE ALLOW ONE. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT OF THAT PARTY’S INDIVIDUAL CLAIM—NOT A PUBLIC INJUNCTION THAT WOULD AFFECT OTHERS. You and Bigscreen also agree not to seek to combine any action or arbitration with any other action or arbitration without the consent of all parties to this Agreement and all other actions or arbitrations.
This Agreement does not permit class, collective, or representative arbitration. A court has exclusive authority to rule on any assertion that it does.
E. What Happens if Part of Section 6.0 Is Found Illegal or Unenforceable
If any part of Section 6.0 (Dispute Resolution/Binding Arbitration/Class Action Waiver) is found to be illegal or unenforceable, the rest will remain in effect (with an arbitration award issued before any court proceeding begins), except that if a finding of partial illegality or unenforceability would allow class, collective, or representative arbitration, all of Section 6.0 will be unenforceable, and the claim or dispute will be resolved in court.
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