Diesel On Standard Limited Warranty

WHAT IS COVERED AND FOR HOW LONG?

Fossil Group, Inc. (“Diesel”) warrants that this Diesel product and accessories included in the packaging with the product (the “Product”) are free from defects in material and workmanship under normal use for the period commencing upon the date of purchase and continuing for two years. This is a voluntary manufacturer’s warranty. It provides rights separate to rights provided by consumer law, including, but not limited to those relating to non-conforming goods. Diesel’s limited warranty benefits are in addition to, and not instead of, rights provided by consumer law.

WHAT IS NOT COVERED?

UNINTERRUPTED OR ERROR-FREE. Diesel does not warrant that the operation of the Product will be uninterrupted or error-free. Diesel is not responsible for damage arising from failure to follow instructions relating to the Product’s use.

NORMAL WEAR AND TEAR. Periodic maintenance, repair and replacement of parts due to normal wear and tear are excluded from coverage.

CASE AND CRYSTAL (IF APPLICABLE). Diesel does not warrant cases or crystals.

BRACELET. Diesel does not warrant bracelets or straps.

BATTERIES. Only rechargeable batteries whose fully charged capacity falls below 80% of their rated capacity and batteries that leak are covered by this Limited Warranty. Non-rechargeable batteries are not covered under this Limited Warranty.

SOFTWARE. This Limited Warranty does not cover software embedded in the product and the services provided by Diesel to owners of the Product. Refer to the license agreement accompanying the software and the Diesel services terms of use for details of your rights with respect to their use.

ABUSE & MISUSE. Defects or damages that result from:

• a) Improper operation, storage, misuse or abuse, accident or neglect, such as physical damage (cracks or scratches, etc.) to the surface of the Product resulting from misuse;
• b)Contact with liquid, water, rain, extreme humidity or heavy perspiration, sand, dirt or the like, extreme heat, or food;
• c) Use of the Product for commercial purposes or subjecting the Product to abnormal usage or conditions; or
• d)Other acts which are not the fault of Diesel, are excluded from coverage.

USE OF NON-DIESEL PRODUCTS. Defects or damage that result from the use of non-Diesel branded or certified products, accessories or software or other peripheral equipment are excluded from coverage.

ALTERED PRODUCTS. Product with:

• a) Serial numbers or production date codes or other tracking marks that have been removed, altered or obliterated;
• b) Broken seals or that show evidence of tampering or access by nonauthorized dealers or repair centers; are excluded from coverage.

PRODUCTS FROM UNAUTHORIZED SELLERS. Products that are not purchased from an authorized Diesel retailer are excluded from coverage.

COMMUNICATIONS SERVICES. Defects, damages, or the failure of Products due to any communication service or signal you may subscribe to or use with the Products is excluded from coverage.

WHAT ARE DIESEL’S OBLIGATIONS?

During the applicable warranty period, provided the Product is sent in for service in accordance with the terms of this Limited Warranty, Diesel will repair, replace, or refund the purchase price of the Product, at Diesel’s sole option, without charge. Diesel may, at its sole option, use rebuilt, reconditioned, or new parts or components when repairing any Product, or may replace the Product with a rebuilt, reconditioned or new Product. All replaced Products will be warranted for a period equal to the remainder of the original Limited Warranty on the original Product or for ninety (90) days, whichever is longer. All replaced Products, parts, components, boards and equipment shall become the property of Diesel. Except to the extent expressly allowed by applicable law, transfer or assignment of this Limited Warranty is prohibited.

WHAT MUST YOU DO TO OBTAIN WARRANTY SERVICE?

To obtain service under this Limited Warranty, you must return the Product to an authorized service facility in an adequate container for shipping, accompanied by the sales receipt or comparable proof of sale showing the original date of purchase, the serial number of the Product and the seller’s name and address. If Diesel determines that any Product is not covered by this Limited Warranty, you must pay for all parts, shipping, and labor charges for the repair or return of such Product.

No data, software or applications added to your Product will be reinstalled. You should keep a separate backup copy of any contents of the Product before delivering the Product to Diesel for warranty service, as some or all of the contents may be deleted or reformatted during the warranty service.

WHAT ARE THE LIMITS ON DIESEL’S LIABILITY?

THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, TERMS OR CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS OR A PARTICULAR PURPOSE, ACCURACY, SATISFACTORY QUALITY, TITLE AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY DIESEL. DIESEL SHALL NOT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OR LIABILITIES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SALE OR USE OF THIS PRODUCT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR ANY OTHER THEORY, EVEN IF DIESEL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. DIESEL’S ENTIRE LIABILITY SHALL BE LIMITED TO REPLACEMENT OR REPAIR OR RETURN OF THE PURCHASE PRICE PAID, AT DIESEL’S SOLE OPTION.

SOME COUNTRIES, STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR THE LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY BE LIMITED IN THEIR APPLICATION TO YOU. WHEN IMPLIED WARRANTIES MAY NOT BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE DURATION OF THE APPLICABLE WRITTEN LIMITED WARRANTY. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, YOU MAY HAVE OTHER RIGHTS THAT MAY VARY DEPENDING ON THE LOCAL LAW. YOUR STATUTORY RIGHTS ARE NOT AFFECTED.

DIESEL MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE OR SUITABILITY OF ANY THIRD-PARTY SOFTWARE OR EQUIPMENT USED IN CONJUNCTION WITH THE PRODUCT, OR THE ABILITY TO INTEGRATE ANY SUCH SOFTWARE OR EQUIPMENT WITH THE PRODUCT, WHETHER SUCH THIRD PARTY SOFTWARE OR EQUIPMENT IS INCLUDED WITH THE PRODUCT OR DISTRIBUTED BY DIESEL OR OTHERWISE. RESPONSIBILITY FOR THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE AND SUITABILITY OF ANY SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT RESTS SOLELY WITH THE USER AND THE DIRECT VENDOR, OWNER OR SUPPLIER OF SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT.

Nothing in the Product instructions or information shall be construed to create an express warranty of any kind with respect to the Products. No agent, employee, dealer, representative or reseller is authorized to modify or extend this Limited Warranty or to make binding representations or claims, whether in advertising, presentations or otherwise, on behalf of Diesel regarding the Products or this Limited Warranty. This Limited Warranty gives you specific legal rights, and you may also have other rights that vary from state to state or country to country.

FOR AUSTRALIAN CUSTOMERS: Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the Goods fail to be of acceptable quality and the failure does not amount to a major failure.

MODIFICATION OF SOFTWARE

DIESEL IS NOT LIABLE FOR PERFORMANCE ISSUES OR INCOMPATIBILITIES CAUSED BY YOUR EDITING OF REGISTRY SETTINGS, OR YOUR MODIFICATION OF OPERATING SYSTEM SOFTWARE. USING CUSTOM OPERATING SYSTEM SOFTWARE MAY CAUSE YOUR PRODUCT TO WORK IMPROPERLY.

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