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OXO®, Good Grips®, and Softworks®* Cookware
LIMITED LIFETIME WARRANTY AND
ARBITRATION AGREEMENT
The Cookware Company (USA), LLC (“CWC”), as licensee of Helen of Troy Limited, and OXO International, Ltd. (“OXO”) offers all OXO®, Good Grips®, and Softworks® cookware (the “OXO® Cookware Products”) solely on the terms and conditions set forth in this Limited Lifetime Warranty and Arbitration Agreement. This document can be found online at www.oxo.com. You should review this Limited Lifetime Warranty and Arbitration Agreement carefully before purchasing any OXO Cookware Products.
LIMITED LIFETIME WARRANTY
What does the warranty cover?
The warranty covers defects in materials and workmanship in your OXO®, Good Grips®, and Softworks® cookware (the “product”) for the warranty period defined below.
What does the warranty not cover?
The warranty does not cover any damage due to (a) use of the product not for regular household purposes or other misuse; (b) abuse; (c) failure to follow product instructions; (d) normal wear and tear; (e) modifications; (f) loss or damage in transit; or (g) accidents or other actions beyond our reasonable control.
How long does the warranty last?
The warranty period for the product’s non-stick coating is limited to two (2) years from the date of your purchase. For all other warranty claims unrelated to the product’s non-stick coating, the warranty period starts from the date of your purchase and lasts until the end of your lifetime (as applicable, the “warranty period”).
What are your warranty remedies?
If the product has a defect during the warranty period, and it was purchased from: (a) oxo.com or another OXO website, OXO will, in its sole discretion, either repair or replace the product, (b) any other retailer, CWC will, in its sole discretion, either repair or replace the product.
How do you exercise your rights under the limited warranty?
To obtain a replacement or repair, please contact customer service as follows:
(a) if the product was purchased on oxo.com or another OXO website please contact the OXO customer service department at 800-545-4411 (8AM-6PM ET, M-F) or by Contact Us.
(b) if the product was purchased at any other retailer, please contact the CWC customer service department at (914) 372-7777.
Limitation of liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND CWC’S AND OXO’S ENTIRE LIABILITY FOR ANY BREACH OF THIS WARRANTY.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so the preceding limitation may not apply to you.
CWC’S AND OXO’S LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT. CWC AND OXO WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the preceding limitation or exclusion may not apply to you.
How does state law apply?
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
LIMITED LIFETIME WARRANTY
What does the warranty cover?
The warranty covers defects in materials and workmanship in your OXO®, Good Grips®, and Softworks® cookware (the “product”) for the warranty period defined below.
What does the warranty not cover?
The warranty does not cover any damage due to (a) use of the product not for regular household purposes or other misuse; (b) abuse; (c) failure to follow product instructions; (d) normal wear and tear; (e) modifications; (f) loss or damage in transit; or (g) accidents or other actions beyond our reasonable control.
How long does the warranty last?
The warranty period for the product’s non-stick coating is limited to two (2) years from the date of your purchase. For all other warranty claims unrelated to the product’s non-stick coating, the warranty period starts from the date of your purchase and lasts until the end of your lifetime (as applicable, the “warranty period”).
What are your warranty remedies?
If the product has a defect during the warranty period, and it was purchased from: (a) oxo.com or another OXO website, OXO will, in its sole discretion, either repair or replace the product, (b) any other retailer, CWC will, in its sole discretion, either repair or replace the product.
How do you exercise your rights under the limited warranty?
To obtain a replacement or repair, please contact customer service as follows:
(a) if the product was purchased on oxo.com or another OXO website please contact the OXO customer service department at 800-545-4411 (8AM-6PM ET, M-F) or Contact Us.
(b) if the product was purchased at any other retailer, please contact the CWC customer service department at (914) 372-7777.
Limitation of liability
THE REMEDIES DESCRIBED ABOVE ARE YOUR SOLE AND EXCLUSIVE REMEDIES AND CWC’S AND OXO’S ENTIRE LIABILITY FOR ANY BREACH OF THIS WARRANTY.
WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY. Some states do not allow limitations on how long an implied warranty lasts, so the preceding limitation may not apply to you.
CWC’S AND OXO’S LIABILITY WILL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT PAID BY YOU FOR THE DEFECTIVE PRODUCT. CWC AND OXO WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the preceding limitation or exclusion may not apply to you.
How does state law apply?
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
ARBITRATION AGREEMENT
BY PURCHASING AN OXO® COOKWARE PRODUCT, YOU, CWC, AND OXO ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU, CWC, AND OXO ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 14. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879). The Federal Arbitration Act will govern the interpretation and enforcement of this section. CWC and/or OXO will be responsible for the AAA filing fee of any such proceeding.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or these Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. You may elect to pursue your claim in small claims court rather than arbitration, if you provide CWC and OXO with written notice of your intention to do so within 60 days of your purchase. The small claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR CWC NOR OXO WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
If you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law. You may elect to pursue your claim in small claims court rather than arbitration, if you provide CWC and OXO with written notice of your intention to do so within 60 days of your purchase. The small claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR CWC NOR OXO WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
This Limited Lifetime Warranty and Arbitration Agreement, and all matters arising from or relating to these terms, are governed and construed in accordance with the internal laws of the state of New York.
*OXO®, Good Grips®, Softworks® and the associated logos are trademarks used under license from Helen of Troy Limited.
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