Extended Warranty Program
Any consumer benefits provided by this plan are in addition to all rights and remedies provided under consumer protection laws and regulations. The rights described herein will not supplant or take the place of the rights granted by any applicable consumer law, including the right to receive remedies under statutory warranty law and to seek damages in the event of non-performance by Embodied of any of its contractual obligations. Further, this Extended Warranty is in addition to the rights and benefits provided to you under Embodied’s Limited Warranty.
This service contract (the "Extended Warranty") governs the services provided by Embodied under this Extended Warranty. The Extended Warranty includes the terms specified herein.
The Extended Warranty will be offered as an additional line item on the sales receipt when you purchase your Embodied Moxie robot. The sales receipt for your Embodied Moxie robot will be the confirmation of your Extended Warranty purchase. The sales receipt will be provided to you at the time of purchase online or sent to you automatically via email thereafter. You can also contact Embodied at firstname.lastname@example.org if you have lost your sales receipt and need a confirmation that you purchased the Embodied Moxie robot.
What Is Covered By Extended Warranty
The Extended Warranty covers the Embodied Moxie robot and accessories (collectively, the “Embodied Product(s)”) that are included in the original shipping box starting from the date of receipt of the Embodied Product(s) by the customer. The date of receipt is defined as the date that the Moxie product was delivered to the customer according to the shipping agency or Embodied. The Extended Warranty continues until two years from the date of receipt of the Embodied Product(s) (“the Extended Warranty Term”).
The cost of the Extended Warranty is provided on the Embodied.com website and is paid up front with the initial purchase of the Embodied Moxie robot. The Extended Warranty will cover two incidents of accidental damage (referred to as “Service Incidents”). Each Service Incident will be subject to an additional service fee as outlined in the table below. During the Extended Warranty Term, Embodied will determine whether to repair or replace the Embodied Moxie at its sole discretion. The Extended Warranty will also cover any defects in materials and workmanship for the Extended Warranty Term.
Extended Warranty Regarding Defects or Performance
If during the Extended Warranty Term, you contact Embodied to provide a notification that a) that a defect in materials and workmanship has arisen in the Embodied Product(s) or b) if the capacity of an installed or integrated rechargeable battery to hold an electrical charge is less than eighty percent (80%) of its original specifications, Embodied, at its sole discretion, will either (i) repair the defect at no charge, using new parts or parts that are equivalent to new in performance and reliability, or (ii) exchange the Embodied Product(s) with a replacement product. The replacement product may be new or equipment that has performance, reliability and functionality that is equivalent to a new product.
If Embodied does exchange or replace the Embodied Product(s) under the Extended Warranty, the original product becomes Embodied’s property and the replacement product becomes your (the customer’s) property with the Extended Warranty coverage effective for the remainder for the Extended Warranty Term.
For any replacement Embodied Product(s), the replacement Embodied Product(s) will be warranted for the remainder of the original Extended Warranty Term or 30 days, whichever is longer, or for any additional period of time which may be required by applicable law.
Accidental Damage to Moxie Equipment
If, during the Extended Warranty Term, you submit a valid claim notifying Embodied that the Embodied Product(s) has failed due to an accidental event, Embodied will, at its sole discretion, determine whether to either (a) repair the defect or malfunction caused by the accidental event; or (b) exchange the Embodied Product(s) with a replacement product that is new or equivalent to the Embodied Product(s) in performance and reliability. The Customer will be charged a Service Fee (as identified below) for each Service Incident. If you receive service for an accidental event, this will count as a Service Incident. Subject to exclusions described below, Embodied’s obligations to you for the Extended Warranty under this section are discharged and fulfilled in their entirety once Embodied has provided two (2) Service Incidents for accidental damage.
Service Incidents and exclusions are defined below.
|Service Description||Service Fee|
|Arm Only Damage||$49 per arm|
If you experience "accidental damage" to the Moxie power adapter, Embodied will send you a new Moxie power adapter, however this will be one of your two (2) Service Incidents. Alternatively, you could purchase an authorized replacement Moxie power adapter.
The Customer should have saved or written down a copy of their Recovery Key during setup of the Embodied Moxie Parent App. The Customer should make sure a copy of their Recovery Key is in a safe and accessible location before shipping the Embodied Product(s). If the Customer needs a copy of the Recovery Key, the Recovery Key can be exported using the Embodied Moxie Parent App.
Exclusions from Extended Warranty
The following limitations may not be covered by the Extended Warranty.
Embodied will limit the Extended Warranty to the country where the Embodied Product(s) was originally purchased or shipped. Any replacement Embodied Product(s) may be shipped from a location within the country where the Embodied Product(s) was purchased.
Embodied will not provide service under the Extended Warranty to replace an Embodied Product(s) that is lost or stolen.
The Extended Warranty is only available to the original purchaser or the individual who originally received the Moxie Product(s) and is not transferrable to any other third party.
Embodied notes that any installation of third-party parts may void your Extended Warranty coverage.
As a condition of receiving Extended Warranty service, all Embodied Product(s) must be returned to Embodied in its entirety including all original parts or Embodied-authorized replacement components and be shipped in Embodied-specified packaging. If you no longer have Embodied-specified packaging, then you will need to purchase Embodied packaging to be shipped to you so that you can return Embodied Products for service. This restriction does not prejudice your consumer law rights.
In some circumstances, Embodied may ship the customer a replacement Embodied Product(s) before the customer returns a malfunctioning Embodied Product. Embodied will charge the Customer for the Service Fee identified in the chart above for the Service Incident. After Embodied receives payment of the Service Fee, Embodied may require or request a credit card authorization for the retail price of the Embodied Product(s) and applicable shipping costs. If you return the Embodied Product(s) in the packaging provided with the replacement Embodied Product within 15 business days, Embodied will cancel the credit card authorization, so you will not be charged for the retail price of the Embodied Product(s). If you fail to return the replaced Embodied Product as instructed, Embodied will charge the credit card for the authorized amount.
Embodied will not provide service under the Extended Warranty for (a) damage due to normal wear and tear, such as cosmetic damage not impacting the functionality of the Embodied Product(s); (b) damage due to excessive physical damage to the Embodied Product(s) caused by crushing or bending or extensive damage caused by liquid contact (e.g., being submerged in liquid or had liquid poured into electronic or mechanical components of the Embodied Product(s)); (c) damage caused by reckless, abusive, willful or intentional conduct, or by any use of the Embodied Product(s)not normal or intended by Embodied; (d) damage caused by a product that is not the Embodied Product(s); (e) damage caused if the Embodied Product(s) has been opened, serviced (including for upgrades and expansions), modified, or altered by anyone besides Embodied or Embodied-authorized representatives or personnel; (f) repair of pre-existing conditions of the Embodied Product(s); (g) any damage to the Embodied Product(s) with a serial number that has been altered, defaced or removed; (h) damages caused by fire, earthquake, flood, or other similar external causes; (i) damage caused by the presence of hazardous materials, including, but not limited to biological materials and allergens, that present a risk to human health; or (j) damage caused by non-compliance with Embodied’s Care for Your Moxie instructions, as specified in the Moxie User’s Guide or Quick Start guide.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EMBODIED AND ITS EMPLOYEES AND AGENTS WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER OF THE COVERED EQUIPMENT FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO THE COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM EMBODIED’S OBLIGATIONS UNDER THIS PLAN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LIMIT OF EMBODIED AND ITS EMPLOYEES’ AND AGENTS’ LIABILITY TO YOU AND ANY SUBSEQUENT OWNER ARISING UNDER THIS PLAN SHALL NOT EXCEED THE ORIGINAL PRICE PAID FOR THIS PLAN. EMBODIED SPECIFICALLY DOES NOT WARRANT THAT (i) IT WILL BE ABLE TO REPAIR OR REPLACE THE EMBODIED PRODUCT(S) WITHOUT RISK TO OR LOSS OF PROGRAMS OR DATA, (ii) IT WILL MAINTAIN THE CONFIDENTIALITY OF DATA, OR (iii) THE OPERATION OF THE EMBODIED PRODUCT(S) WILL BE UNINTERRUPTED OR ERROR-FREE.
THE BENEFITS CONFERRED BY THIS EXTENDED WARRANTY ARE IN ADDITION TO ALL RIGHTS AND REMEDIES PROVIDED UNDER CONSUMER LAWS AND REGULATIONS. TO THE EXTENT THAT LIABILITY UNDER SUCH LAWS AND REGULATIONS MAY BE LIMITED, EMBODIED’S LIABILITY IS LIMITED, AT ITS SOLE OPTION, TO REPLACEMENT OR REPAIR OF THE EMBODIED PRODUCT(S). SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You may cancel the Extended Warranty at any time for any reason. If you decide to cancel the Extended Warranty, you may contact Embodied at email@example.com, or send written notice with a copy of the sales receipt for your Embodied Product(s) to Customer Service, Embodied, Inc., 385 E. Colorado Blvd., Suite 110, Pasadena, CA 91101. The sales receipt must accompany your written notice or your email request for cancellation.
Unless local law provides otherwise, cancellation refunds will be provided as follows:
(a) If you cancel within thirty (30) days of the date of receipt of Embodied Product(s) and you have not had a Service Incident, you will receive a full refund;
(b) If you cancel within thirty (30) days of the date of receipt of the Embodied Product(s) and you have had a Service Incident, you will receive a full refund less the value of any service provided under the Extended Warranty.
(c) If you cancel more than thirty (30) days after your receipt of the Embodied Product(s), you will receive a pro rata refund of the original purchase price. The pro rata refund is based on the percentage of unexpired Extended Warranty Term from the date of receipt of the Embodied Product(s), less (i) a cancellation fee of twenty-five ($25) dollars or ten percent (10%) of the pro-rata amount, whichever is less, and (ii) the value of any service provided to you under a Service Incident under the Extended Warranty. If you have had two Service Incidents during the Extended Warranty Term, there will be no pro rata refund.
Unless applicable local law provides otherwise, Embodied may cancel the Extended Warranty for fraud or material misrepresentation, or if service parts for the Embodied Product(s) are not available, upon thirty (30) days’ prior written notice. If local law permits and Embodied cancels this Extended Warranty for the unavailability of service parts, you will receive a pro rata refund for the unexpired Extended Warranty Terms.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. Some jurisdictions do not allow limitations on the duration of an implied warranty, so the above limitation may not apply to you.
To receive service or support under the Extended Warranty, you agree to (i) provide, if necessary, a copy of the Sales Receipt including the purchase price of the Extended Warranty, (ii) provide information about the symptoms and causes of the issues with the Embodied Product(s), (iii) respond to requests for information needed to diagnose or service the Embodied Product(s), (iv) follow instructions Embodied provides to you, (v) update software to currently published releases prior to seeking service or during a Service Incident, and (vi) ensure to have your Recovery Key saved in a safe and accessible location before seeking service.
DURING SERVICE, EMBODIED MAY DELETE THE CONTENTS OF THE EMBODIED PRODUCT(S), REFORMAT THE STORAGE MEDIA INSTALLED IN THE EMBODIED PRODUCT(S), AND REINSTALL THE EMBODIED PRODUCT(S) ORIGINAL SOFTWARE CONFIGURATION AND SUBSEQUENT UPDATE RELEASES AND/OR PATCHES, WHICH MAY OR WILL RESULT IN THE DELETION OF ALL SOFTWARE AND DATA THAT RESIDED ON THE EMBODIED PRODUCT(S) PRIOR TO SERVICE.
Embodied will return your Embodied Product(s), or provide a replacement as the Embodied Product(s), was originally configured, subject to applicable software, hardware and/or firmware updates. You will be responsible for reinstalling all other software programs, data and passwords.
(a) Embodied may subcontract or assign performance of its obligations to third parties but shall not be relieved of its obligations to you in doing so.
(b) Embodied is not responsible for any failures or delays in performing under the Extended Warranty that are due to events outside of Embodied’s reasonable control.
(c) You are expected to clean Moxie as described in the User’s Manual to receive service under the Extended Warranty.
(d) This Extended Warranty is offered and valid only in the fifty states of the United States of America and the District of Columbia. Persons who have not reached the age of majority may not purchase this Extended Warranty. This Extended Warranty may not be available in all jurisdictions, and is not available where prohibited by law.
(e) In carrying out its obligations Embodied may, at its discretion and solely for the purposes of monitoring the quality of Embodied’s service and performance under the Extended Warranty, record part or all of the calls between you and Embodied.
(h) The terms of the Extended Warranty provided herein, including the original sales receipt of the Extended Warranty, shall prevail over any conflicting, additional, or other terms of any purchase order or other document, and constitute your and Embodied’s entire understanding with respect to the Extended Warranty.
(i) Embodied is not obligated to renew this Extended Warranty after expiration of the Extended Warranty Term. If Embodied does offer to renew this Extended Warranty, it will determine the price and terms and this information will be posted on the www.embodied.com web site.
(j) There is no informal dispute resolution procedure available under this Extended Warranty.