Bath in MOTION - The Ultimate Bathing Experience !!

The Bath in Motion Limited Warranty

Limited Warranty

The Bath in Motion Inc.(hereinafter referred to as “Bath in Motion”) limited warranty is extended exclusively to the original consumer purchaser (hereinafter referred to as “Consumer”). This warranty applies only to residential Consumers. Subject to compliance with terms and conditions herein, Bath in Motion warrants, from the date of original purchase, that the Bath in Motion therapeutic and/or whirlpool bathtub (hereinafter referred to as “Bathtub”) (a) shell and acrylic surface will be free from defects in material for a period of twenty (20) years; (b) pump, blower, plumbing and jets, when applicable, are free of defects in materials for three (3) years and workmanship for one (1) year; (c) the electronic controls, when applicable, are free of defects in material and workmanship for one (1) year.

If the Consumer within the warranty period gives Bath in Motion written notice of any alleged defect, Bath in Motion will, at its sole discretion, repair or replace the same free of charge. Products or parts thereof that Bath in Motion repairs or replaces under the warranty shall have the same warranty as new Products, but does not extend the warranty of the original product.

No warranty is made with respect to: (a) failure not reported to Bath in Motion within the warranty period, (b) failures or damage due to misapplication, lack of proper maintenance, abuse, improper installation or abnormal conditions of temperature, moisture, dirt or corrosive matter, etc., (c) failures due to operation, either intentional or otherwise in an improper manner, (d) any Bathtub which has been altered by anyone other than an authorized representative of Bath in Motion, or (e) Bathtub’s installed outdoors, or otherwise not installed in accordance with the Bath in Motion instructions and/or in compliance with applicable local codes. Bath in Motion shall not be liable for any expenses incurred by the Consumer in an attempt to correct any allegedly defective Bath in Motion Bathtub, or any component thereof, including material cost and labour associated with removal and replacement of tiles etc., removal and re-installation of Bathtub to facilitate repairs, and shipping and all related costs.

It is understood that Bath in Motion has no special knowledge of the Consumers expectations or requirements and the original Consumer agrees that the Bath in Motion Bathtubs are purchased because of the independent determination by the Consumer of its suitability for intended use.

EXCEPT AS SPECIFICALLY SET OUT ABOVE, THE BATH IN MOTION BATHTUBS ARE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BATH IN MOTION FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE BATHTUB AND COMPONENTS THEREOF REMAINS WITH CONSUMER.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BATH IN MOTION INC. OR ITS SUPPLIERS BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE BATH IN MOTION BATHTUB, EVEN IF BATH IN MOTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BATH IN MOTION'S TOTAL LIABILITY FOR ANY DIRECT DAMAGES SHALL NOT EXCEED FIVE DOLLARS ($5.00). BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

Damage or loss in shipment

Bath in Motion shall not be responsible for damage or loss in transit and all claims must be made by the Consumer direct to the carrier. Claims for shortages or incorrect Bath in Motion Bathtubs must be made in writing within fifteen (15) days after receipt of the shipment by the Consumer, and failure to give Bath in Motion written notice within that period shall be unqualified acceptance of the Bathtub and a waiver of all claims

Law

This Agreement shall be governed by the laws of the province of Ontario, Canada, without regard to conflicts of law provisions, and the Consumer hereby consents to the exclusive jurisdiction of the provincial courts of the Province of Ontario and the Federal Court of Canada with respect to any disputes.