Hand Health Warranty
CERTIFICATE OF LIMITED WARRANTY AND DISCLAIMER
Furls Crochet Hooks, Furls Streamline Crochet Hooks, Furls Odyssey Crochet Hooks, Furls Ergonomic Crochet Hooks, Furls Alpha Series Crochet Hooks, Furls Candy Shop Crochet Hooks / Furls, LLC
- Exclusive Limited Warranty.
Furls, LLC, hereby warrants that the Crochet Hook enclosed herein is free from defects in material and workmanship which could cause damage or injury to the medically sound and healthy fingers, wrists, and hands of the original purchaser when used correctly according to all instructions along with a healthy lifestyle with regular exercising.
This Limited Warranty and Disclaimer shall only extend to the original purchaser of the Crochet Hook enclosed herein. This Limited Warranty and Disclaimer is the exclusive remedy.
Furls, LLC’s, obligations under this Limited Warranty and Disclaimer shall be limited to the lesser of:
(a) the actual hand, wrist, or finger expenses incurred by the original purchaser; or
(b) $50.00 USD per injured finger, up to a maximum total liability of $500 USD per incident; or
(c) $250.00 USD per injured hand or wrist, up to a maximum total liability of $500 USD per incident;
Furls, LLC’s obligations under this Limited Warranty and Disclaimer shall be reduced by the amount of any insurance that is or may be collected, available, or payable for the damage, injury, or liability claimed, regardless of the source of such insurance. Furls, LLC may require the person making the warranty claim to assign any insurance policies, claims, payments, or proceeds to Furls, LLC, as a condition of payment under this Limited Warranty and Disclaimer. Furls, LLC may require the person making the warranty claim to grant Furls, LLC the right of subrogation to any insurance policies, claims, payments, or proceeds.
This Limited Warranty and Disclaimer does not apply to expenses necessitated by a preexisting hand condition, including but not limited to arthritis or carpal tunnel.
- Exclusive Method for Obtaining Limited Warranty Coverage.
Furls, LLC shall have no liability or responsibility under this Limited Warranty and Disclaimer unless:
(a) the claimant provides a written statement to Furls, LLC, that the Crochet Hook was correctly used by claimant in accordance with regular hand health exercises; and
(b) no other brand of Crochet Hook has been used by the claimant for a duration of more than one hour throughout the period of this Warranty; and
(c) a full and complete written notice of the injury and damage is actually received by Furls, LLC, at the mailing address provided herein, within thirty (30) days after the occurrence of the injury or damage; and
(d) the notice of injury is substantiated by a written statement from all professionally licensed medical doctor who rendered treatment to or on behalf of the claimant. Such written statement(s) must:
- provide a radiograph (x-ray) of the injured or damaged hand(s), finger(s), or wrist(s) that was taken prior to the injury and that shows the hand(s), finger(s), or wrist(s) to be of sound structure and medical condition and further shows no prior surgical work was performed or damage was done to the hand(s), finger(s), or wrist(s) prior to the complained-of injury; and
- provide a radiograph (x-ray) of the injured or damaged hand(s), finger(s), or wrist(s) that was taken immediately after the injury or damage; and
iii. certify that he or she performed medically-required work to the injured or damaged hand(s), finger(s), or wrist(s) within thirty (30) days of the date of the injury or damage; and
- include a true copy of all the submitted medical insurance claim form(s) that relate tothe injured or damaged hand(s), finger(s), or wrist(s) and the surgical work that was performed thereon; and
- include a true copy of the explanation of any benefits from the dental and/or medical insurance carrier(s); and
(d) the Crochet Hook that is enclosed herein is returned to Furls, LLC, along with all the documentation and information required to obtain coverage under this Limited Warranty and Disclaimer; and
(f) the original Limited Warranty and Disclaimer is returned to Furls, LLC; and
(g) the original proof of purchase or order confirmation is returned to Furls, LLC; and
(h) all documentation, information, and other items required to obtain warranty coverage under this Limited Warranty and Disclaimer is actually received by Furls, LLC, at the following address:
Furls, LLC, 201 N Weston Lane, Austin, TX, 78733
There shall be no presumption of receipt because the claimant deposited these items in the mails of the United States Postal Service or in the custody and control of a private delivery or courier service. Claimant shall bear the burden of proving actual receipt. Claimant shall be solely responsible for all costs of mailing or shipment.
The Crochet Hook and all other documents and information provided to Furls, LLC shall become the sole property of Furls, LLC, upon receipt of return. Under no circumstances shall Furls, LLC return the Crochet Hook or any other documents or information, and claimant(s) shall indemnify and hold Furls, LLC harmless for such retention.
- Choice of Law.
This Limited Warranty and Disclaimer shall be governed and interpreted by the laws of the State of Texas.
- Limitation on Incidental and Consequential Damages.
In no event shall this Limited Warranty and Disclaimer cover incidental or consequential damages .Furls, LLC specifically disclaims any warranty coverage or liability for incidental or consequential damages that may arise out of or relate to any use of the enclosed Crochet Hook. However, some states do not permit the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
- DISCLAIMER OF IMPLIED WARRANTIES.
FURLS, LLC SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTY OF MERCHANTABILITY. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. THIS LIMITED WARRANTY AND DISCLAIMER IS MADE IN LIEU OF ALL OTHER WARRANTIES,EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTY ARISING OUT OF A COURSE OF DEALING,PERFORMANCE, CUSTOM, USAGE, OR TRADE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDEDHEREIN, FURLS, LLC DISCLAIMS ALL LIABILTY FOR LOSS, INJURY, OR DAMAGE BASED UPON NEGLIGENT DESIGN OR DEFECTS IN MATERIALS AND WORKMANSHIP FOR THE ENCLOSED CROCHET HOOK. IF THIS LIMITED WARRANTY AND DISCLAIMER IS FOUND TO BE GOVERNED BY THE MAGNUSON-MOSS WARRANTY ACT, ANY IMPLIED WARRANTY THAT MAY SURVIVE THIS DISCLAIMER OF ALL IMPLIED WARRANTIES SHALL BE LIMITED TO THE DURATIONOF THIS LIMITED WARRANTY (ONE (1) YEAR FROM THE ORIGINAL DATE OF RETAIL PURCHASE).
If the law of the state in which you are domiciled does not permit a limitation of implied warranties, this limitation may not apply to you. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights and you may also have other rights which vary from state to state. Federal law may also provide you with other legal rights.
- Merger and Integration.
This writing is intended as the final expression of the agreement between Furls, LLC and the original purchaser with respect to warranties. No person, agent, distributor, dealer, service station, or company is authorized to change, modify, or extend the terms of this Limited Warranty and Disclaimer in any manner whatsoever. The seller’s salespeople may have made oral statements about the merchandise described in this contract. These statements are not warranties, should not be relied on by the buyer, and are not part of the contract for sale or this Limited Warranty and Disclaimer. The entire Limited Warranty and Disclaimer is embodied in this writing. This writing is a complete and exclusive statement of the terms of any warranties offered by Furls, LLC. Furls, LLC makes no other warranty beyond that contained in this writing.
Keep this Limited Warranty and Disclaimer, the original store receipt or order confirmation showing purchase of the enclosed Crochet Hook, and the original proof of purchase for the enclosed Crochet Hook for your records. In case of injury or damage, you must provide these items to Furls, LLC. Your failure to keep these records may prevent you from seeking coverage under this Limited Warranty and Disclaimer.®Furls,LLC
201 N Weston Lane, Austin, TX, 78733
© Furls, LLC All rights reserved.