12 MONTH EXTENDED WARRANTY
TERMS AND CONDITIONS


The conditions below describe the terms and scope of our 1-year extended warranty. They in any way do not affect your statutory rights.

Please note that purchase of the warranty for the extended warranty period is optional. The warranty for the extended warranty period can be purchased at the time of your purchase of the relevant Bird Buddy product.

We provide warranty cover for the product subject to the conditions set out below.

 

INFORMATION ABOUT US

This warranty is provided to the customer (you, your) by Bird Buddy Inc. We are a company incorporated in Delaware, United States with company number: 3664889, a corporation organized under the laws of Delaware, with a registered office at this date at 651 N Broad Street, Suite 206, Middletown, 19709 New Castle, Delaware, United States and business address at Ziherlova 4, 1000 Ljubljana, Slovenia.

 

THE CONTRACT BETWEEN YOU AND US

After making payment for the extended warranty, you will receive an e-mail or letter from us confirming that we have received your payment. The contract for the extended warranty between you and us (contract) will only be formed when we send you this confirmation.

You agree to be bound by the terms and conditions set out herein in respect of the extended warranty you have purchased.

By entering this contract, you warrant that you are legally capable of entering into binding contracts and are at least 18 years old.

 

WEBSITE TERMS AND CONDITIONS

If you purchased this warranty via our website, you agree to be bound, to the extent applicable, by our website terms and conditions of supply which can be found at:  https://mybirdbuddy.com/policies/terms-of-service.

To the extent there is any conflict between these terms and conditions and the website terms and conditions, these terms and conditions will take precedence.

 

DURATION AND PRICE

Subject to conditions below, we will rectify defects affecting the product which are clearly attributable to material and/or manufacturing faults, provided they are reported immediately after being identified, and within 24 months of the date of delivery (standard warranty period) and for a further period of 12 months from and including the date after the last day of the standard warranty period (extended warranty period) (together the warranty period).

Warranty provision for the standard warranty period will be free of charge.

Warranty provision for the extended warranty period will be subject to payment by you to us in full and cleared funds of $19.99 within at the time of your purchase of the product.

 

SCOPE OF THE WARRANTY

Service may not be available to all the islands around the UK and Ireland. Please check with your retailer or contact our customer service department. Please see contact details below.

The warranty does not extend to:

  • Minor variances from nominal features of no significance to the product's value or fitness for purpose.
  • Damage caused by the chemical or electrochemical effects of water,
  • Exceptional environmental conditions, inappropriate operating conditions, or the product having come into contact with unsuitable materials, and
  • Damage intentionally caused by any person.

This warranty does not apply to loss or damage outside of our reasonable control, such as transport damage for which we are not responsible, improper installation and assembly, improper use, use within a non-domestic environment, poor maintenance or failure to observe operating or assembly instructions.

We reserve the right to invalidate this warranty:

  • If repairs or other interventions are performed by persons not authorised by us to take such action, or if our products are fitted with non-original spare parts, extras or accessories, or

We will decide whether rectification of defects will take the form of a repair or the replacement of the product. Some products that can reasonably be transported or posted may need to be returned or shipped to our customer service centre for repair. We will bear the costs of such transportation. A purchase receipt must be presented in each case. Replaced parts pass into our ownership.

Services provided under warranty neither extend the warranty period nor commence a new warranty period. The warranty period for spare parts fitted ends with the expiry of the warranty period of the product.

 

YOUR CANCELLATION AND TERMINATION RIGHTS

Full refund: Cancellation within 30 days of purchase of the extended warranty

You may cancel the warranty for the extended warranty period by providing notice to us within 30 days of the date on which the warranty for the extended warranty period is purchased. Upon receipt of valid notice under this condition, we will provide a full refund of the price paid for the extended warranty period provided that no claim has been made during the extended warranty period.

You can provide notice under this contract by either emailing us at: support@mybirdbuddy.com. Cancellation of the contract for the extended warranty period does not affect the standard warranty period.

 

LIMITATION OF LIABILITY

If we fail to comply with these terms and conditions, we shall only be liable to you for the price paid for the extended warranty and, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

Other claims in respect of compensation for indirect or consequential loss under this contract are, to the fullest extent permitted by law, excluded.

 

GENERAL

Transfer of rights and obligations

The contract between you and us is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge, or otherwise dispose of this contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of this contract, or any of our rights or obligations arising under it, at any time during the term of this contract.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this contract that is caused by events outside our reasonable control (force majeure event).

A force majeure event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • Strikes, lockouts or other industrial action.
  • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster.
  • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  • Impossibility of the use of public or private telecommunications networks, and
  • The acts, decrees, legislation, regulations, or restrictions of any government.

Our performance under this contract is deemed to be suspended for the period that the force majeure event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the force majeure event to a close or to find a solution by which our obligations under this contract may be performed despite the force majeure event.

Waiver

If we fail, at any time during the term of this contract, to insist upon strict performance of any of your obligations under this contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under this contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

A waiver by us of any default will not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you.

Severability

If any of these terms and conditions are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire Agreement

These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of this contract. We each acknowledge that, in entering into this contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions, or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in these terms and conditions (whether made innocently or negligently) will be for breach of contract. We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of this contract.

Variation to these terms and conditions

We may vary these terms and conditions from time to time provided that such changes do not materially affect the nature and quality of the warranty provided hereunder. Any such changes will be notified to you as soon as is reasonably practicable.

Governing law and jurisdiction

Any dispute or claim arising out of or in connection with this contract, its subject matter or formation (including non-contractual disputes or claims) will be governed by Delaware law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Delaware.

 

 

2022 Bird Buddy Inc. | 4023 Kennett Pike #50494, Wilmington, Delaware 19807 United States

 

 

 

24 MONTH “NO QUESTIONS ASKED” WARRANTY
TERMS AND CONDITIONS

 

The conditions below describe the terms and scope of our 24-month “no questions asked” warranty. They in any way do not affect your statutory rights. Only Bird Buddy Smart Bird Feeder buyers can purchase this 24-month “no questions asked” warranty.

Please note that purchase of the warranty for the extended warranty period is optional. The warranty for the extended warranty period can be purchased at the time of your purchase of the Bird Buddy Smart Bird Feeder.

We provide warranty cover for the product subject to the conditions set out below.

 

INFORMATION ABOUT US

This warranty is provided to the customer (you, your) by Bird Buddy Inc. We are a company incorporated in Delaware, United States with company number: 3664889, a corporation organized under the laws of Delaware, with a registered office at this date at 651 N Broad Street, Suite 206, Middletown, 19709 New Castle, Delaware, United States and business address at Ziherlova 4, 1000 Ljubljana, Slovenia.

 

THE CONTRACT BETWEEN YOU AND US

After making payment for the extended warranty, you will receive an e-mail or letter from us confirming that we have received your payment. The contract for the extended warranty between you and us (contract) will only be formed when we send you this confirmation.

You agree to be bound by the terms and conditions set out herein in respect of the extended warranty you have purchased.

By entering this contract, you warrant that you are legally capable of entering into binding contracts and are at least 18 years old.

 

WEBSITE TERMS AND CONDITIONS

If you purchased this warranty via our website, you agree to be bound, to the extent applicable, by our website terms and conditions of supply which can be found at:  https://mybirdbuddy.com/policies/terms-of-service.

To the extent there is any conflict between these terms and conditions and the website terms and conditions, these terms and conditions will take precedence.

DURATION AND PRICE

Subject to the terms below, we will correct any defects that affect the product within 24 months of the date of delivery.

Warranty provision for the extended warranty period will be subject to payment by you to us in full and cleared funds of $44.99 at the time of your purchase of the product.

 

SCOPE OF THE WARRANTY

This extended warranty covers any operational defects or malfunctions in your new Bird Buddy Smart Bird Feeder, including those caused by user error – “no questions asked”.

This extended warranty does not cover defective accessories. Accessories include solar roof, wall mount, fence mount, suet ball holder.

We will decide whether rectification of defects will take the form of a repair or the replacement of the product. Some products that can reasonably be transported or posted may need to be returned or shipped to our customer service center for repair. We will bear the costs of such transportation. A purchase receipt must be presented in each case. Replaced parts pass into our ownership.

Services provided under warranty neither extend the warranty period nor commence a new warranty period. The warranty period for spare parts fitted ends with the expiry of the warranty period of the product.

 

YOUR CANCELLATION AND TERMINATION RIGHTS

Full refund: Cancellation within 30 days of purchase of the extended warranty

You may cancel the warranty for the extended warranty period by providing notice to us within 45 days of the date on which the warranty for the extended warranty period is purchased. Upon receipt of valid notice under this condition, we will provide a full refund of the price paid for the extended warranty period provided that no claim has been made during the extended warranty period.

You can provide notice under this contract by either emailing us at: support@mybirdbuddy.com. Cancellation of the contract for the extended warranty period does not affect the standard warranty period.

 

LIMITATION OF LIABILITY

If we fail to comply with these terms and conditions, we shall only be liable to you for the price paid for the extended warranty and, any losses that you suffer as a result of our failure to comply (whether arising in contract, tort (including negligence), breach of statutory duty or otherwise) which are a foreseeable consequence of such failure.

Other claims in respect of compensation for indirect or consequential loss under this contract are, to the fullest extent permitted by law, excluded.

 

GENERAL

Transfer of rights and obligations

The contract between you and us is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge, or otherwise dispose of this contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of this contract, or any of our rights or obligations arising under it, at any time during the term of this contract.

Events outside our control

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this contract that is caused by events outside our reasonable control (force majeure event).

A force majeure event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation) the following:

  • Strikes, lockouts or other industrial action.
  • Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
  • Fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster.
  • Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
  • Impossibility of the use of public or private telecommunications networks, and
  • The acts, decrees, legislation, regulations, or restrictions of any government.

Our performance under this contract is deemed to be suspended for the period that the force majeure event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the force majeure event to a close or to find a solution by which our obligations under this contract may be performed despite the force majeure event.

Waiver

If we fail, at any time during the term of this contract, to insist upon strict performance of any of your obligations under this contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under this contract, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.

A waiver by us of any default will not constitute a waiver of any subsequent default.

No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you.

Severability

If any of these terms and conditions are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

Entire Agreement

These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of this contract. We each acknowledge that, in entering into this contract, neither of us relies on any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions, or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in these terms and conditions (whether made innocently or negligently) will be for breach of contract. We intend to rely upon these terms and conditions and any document expressly referred to in them in relation to the subject matter of this contract.

Variation to these terms and conditions

We may vary these terms and conditions from time to time provided that such changes do not materially affect the nature and quality of the warranty provided hereunder. Any such changes will be notified to you as soon as is reasonably practicable.

Governing law and jurisdiction

Any dispute or claim arising out of or in connection with this contract, its subject matter or formation (including non-contractual disputes or claims) will be governed by Delaware law. Any dispute or claim arising out of or in connection with such contracts or their formation (including non-contractual disputes or claims) will be subject to the non-exclusive jurisdiction of the courts of Delaware.

 

2022 Bird Buddy Inc. | 4023 Kennett Pike #50494, Wilmington, Delaware 19807 United States

 

 

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