Updated: November 9, 2022

This Limited Warranty (this “Agreement”) applies to all FORM Smart Swim Goggles (“Goggles”) manufactured by or for FORM Athletica Inc. (“FORM”) and sold via any website whose domain ends in “formswim.com” (collectively, the “Site”), third party distributors retained by FORM, FORM’s authorized sellers or such other websites and mobile applications as made available by FORM, its affiliates, subsidiaries, third party distributors and authorized sellers from time to time.

This Agreement contains important terms that, among other things, affect FORM’s liability and your legal remedies against FORM, including a mandatory arbitration agreement. This provision does not apply to you if you are a consumer residing in the Province of Quebec or if otherwise required by applicable law.

1. Limited Warranty

(a) Scope and Period. FORM warrants to you that the Goggles will be free from defects in materials and workmanship under normal use for two (2) years from the original date of purchase (the “Warranty Period”). The foregoing limited warranty in this Agreement (the “Limited Warranty”) is not transferable by you. If the Goggles were purchased from FORM or an authorized seller online, the date of purchase is the date of the invoice that was issued by FORM or such authorized seller by email. If the Goggles were purchased from an authorized seller at a physical location, the date of purchase is the date of the invoice issued at the physical location. No FORM distributor, reseller, agent or employee is authorized to make any modification, extension or addition to this Limited Warranty. Proof of purchase required. For Quebec consumers, all provisions of this clause apply in addition to the legal warranty.

(b) Defects. In the event FORM determines that the Goggles are defective, FORM may: (i) repair the defective part of the Goggles free of charge with new or refurbished parts; (ii) replace the defective Goggles with new Goggles; or (iii) in the event that FORM is unable to repair or replace the Goggles as provided under (i) or (ii), pay a proportionate refund of the purchase price you paid for the Goggles. 

(c) Replacement. Where the Goggles are repaired or replaced during the Warranty Period, except as otherwise prohibited by applicable laws, the warranty for the repaired or replaced Goggles, as applicable, will expire upon the expiration of the original Warranty Period. In order to receive warranty service or support under the Limited Warranty, you must first return the defective Goggles with free and clear title, to FORM or its authorized service provider (as directed by FORM). Where there has been a replacement of the Goggles, the replacement Goggles provided pursuant to the Limited warranty become your property and the defective Goggles being replaced becomes FORM’s property. Where there is a refund, you will return the defective Goggles to FORM and such Goggles become FORM’s property.

(d) Exclusions. The Limited Warranty does not apply:

i. to normal wear and tear;

ii. if the Goggles or any of the Goggles’ parts are opened, disassembled, or repaired by someone not authorized by FORM;

iii. if the Goggles were not purchased from FORM or its authorized sellers;

iv. to damages caused by misuse, proximity or exposure to heat, accident, abuse, neglect, misapplication, your failure to abide by the use, safety, and maintenance instructions contained in the packaging of the Goggles, including, without limitation, a failure to follow such instructions regarding use of the Goggles with any other equipment, peripherals, or accessories authorized by FORM to be used with the Goggles, or repairs or modifications made by anyone other than FORM or its authorized service providers;

v. to cosmetic or other physical damage (including scratches) to the surface or coating of the Goggles;

vi. to any Goggles where the serial number has been removed or that have been damaged or rendered defective as a result of misuse, abuse, contamination, improper or inadequate maintenance or calibration, or other external causes;

vii. to any equipment, products or merchandise (including without limitation accessories, replacement parts, apparel and third party products), other than the Goggles;

viii. to malfunction or defects resulting from the use of the Goggles in connection with accessories, Goggles, services or ancillary or peripheral equipment or improper voltage or power supply not expressly approved or provided by FORM, and where it is determined by FORM that such malfunction or defect is not the fault of the Goggles itself; and

ix. to any software, whether or not supplied by FORM.