As a part of this Diono Warranty Policy (Policy), Diono, L.L.C. dba Diono, a Washington limited liability company (Diono U.S.A.), and its foreign-related companies, Diono ULC, a Canadian unlimited liability company (Diono Canada), Diono Ltd. a United Kingdom limited company (Diono U.K.), and Diono GmbH, a German company with limited liability (Diono E.U.) (Diono U.S.A., Diono Canada, Diono U.K., and Diono E.U. shall be collectively referred to herein as Diono), warrants its products, namely its car seats, strollers, baby carriers, and accessories thereto (collectively, the Products) to their non-merchant original retail Product purchasers (collectively, the Purchasers) as follows:
To qualify for the warranties detailed in this Policy, Diono instructs all Purchasers to complete the online Product Registration form (available here) and mail the owner registration card included in the Product Purchase to Diono within (30) days of purchase. Failing to take such actions may prevent a Purchaser from qualify for the warranties detailed in this Policy. For more information about Product registration, Purchasers are recommended to refer to their Product’s Product Manual (available here), the Diono Instruction Manual, and/or contact Diono as provided in Section 9 of this Policy. Such registration requirements detailed in this subsection of the Policy do not apply to warranties provided by Diono E.U. as detailed in Section 2.4 below.
2. General Warranty Period
2.1 General U.S. Warranty Period. Diono U.S.A. warrants to Purchasers that its Products will be free from defects in material and workmanship for one (1) year from the date of original purchase (the U.S. Warranty Period). During the U.S. Warranty Period, Diono U.S.A. will, at its option, repair or replace a Product if it is found by Diono U.S.A. to be defective in material or workmanship.
2.2 General Canadian Warranty Period. Diono Canada warrants to Purchasers that its Products will be free from defects in material and workmanship for one (1) year from the date of original purchase (the Canadian Warranty Period). During the Canadian Warranty Period, Diono Canada will, at its option, repair or replace a Product if it is found by Diono Canada to be defective in material or workmanship.
2.3 General U.K. Warranty Period. Diono U.K. warrants to Purchasers that its Products will be free from defects in material and workmanship for one (1) year from the date of original purchase (the U.K. Warranty Period). During the U.K. Warranty Period, Diono U.K. will, at its option, repair or replace a Product if it is found by Diono U.K. to be defective in material or workmanship.
2.4 General European Warranty Period. Diono E.U. warrants to Purchaser that its Products are in conformity with their original contracts of sale (collectively, the Contracts), and notably will be free from defects in material and workmanship at the time the Products were delivered to Purchaser, for two (2) years from the date of original purchase (the European Warranty Period). The Products are presumed to be in conformity with the Contract if they are fit for the purposes for which products of the same type are normally used, or show the quality and performance which are normal in products of the same type and which Purchaser can reasonably expect, given the nature of the Products and taking into account any public statements on the specific characteristics of the goods made about them by Diono, particularly in advertising or on labelling. Purchaser must inform Diono E.U. of the Lack of Conformity within a period of two (2) months from the date on which Purchaser detected such lack of conformity discovery. There shall be deemed to not be a Lack of Conformity at the time the Contract was concluded when Purchaser was aware, or could not reasonably be unaware, of the Lack of Conformity. During the European Warranty Period, Diono E.U. will, at the Purchaser’s option, repair or replace a Product free of charge, within a reasonable time and without any significant inconvenience to the Purchaser, if it is found by Diono E.U. to be defective in material or workmanship respectively, unless this is impossible or disproportionately burdensome. When repair or replacement of a Product are impossible or disproportionately burdensome, the Purchaser may request a refund of the Product or a reduction of its price in proportion to the degree of non-conformity of the said Product, otherwise in accordance with the Diono Return Policy.
3. Extended Express Warranties
3.1 Qualifications. Diono warrants to Purchasers an extended warranty (Extended Warranty) for certain Products, namely (a) 2020 model year strollers and car seats (namely, Radian R and Q, Monterey, Cambria, Everett and Solana, and strollers (Flexa and Excurze)), and (b) Diono Canada car seats and strollers (collectively, Extended Warranty Products) that will be free from defects in material and workmanship for a period of two (2) years after the general warranty periods detailed in Section 2 of this Policy (the Extended Warranty Period) has expired, provided that: (i) such Extended Warranty Product(s) were purchased new from the Website; (ii) its Purchasers have fully registered their Extended Warranty Products on the Website within two (2) months of purchase; and (iii) An original receipt of purchase for such Extended Warranty Product(s) are provided to Diono for verification. This Extended Warranty applies only in the U.S.A., the U.K. and Germany. During the Extended Warranty Period, Diono will, at its option, repair or replace a qualifying Extended Warranty Product if it is found by Diono to be defective in material or workmanship.
3.2 Extended Warranty Limitations. It is expressly agreed that Diono’s obligations and the Purchaser’s remedies under the limited extended warranty contained herein are exclusive and are strictly limited to the repair or replacement of the Extended Warranty Product. This limited extended warranty is conditional upon strict compliance with the provisions of the Instruction Manual for the Extended Warranty Product(s) in question. In no event will Diono be liable to Purchaser for any damages, including incidental or consequential damages, arising out of the use or inability to use any Extended Warranty Product.
4. Implied Warranties
Any implied warranties applied to a Product, including without limitation implied warranties of merchantability and fitness for a particular purpose, shall be limited to the duration and terms of the express written warranties detailed in this Policy. Such warranties give Purchasers specific legal rights, which vary from jurisdiction-to-jurisdiction. Some U.S. states and Canadian provinces do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages. As such, such implied warranty limitations may not apply. Notwithstanding, neither Diono, nor any retailer selling any Product, authorizes any person to create for it any other warranty, obligation, or liability in connection with any Product not otherwise detailed in this Policy.
5. Warranty Limitations
5.1 Damage Limitations. The warranties identified in this Policy do not cover: (a) any Product purchased from a non-authorized Diono retailer; (b) the effects of normal wear and tear on a Product; (c) damage arising from Product repairs or modifications carried out by a third party; (d) a Product’s involvement in an accident; (e) dissatisfaction with a Product’s fit, weight, functionality, color or style; (f) Product damage resulting from negligence, modification, improper installation, accident, transport damage, incorrect washing of covers, corrosion, rust, mold, insufficient maintenance, misuse or abuse ; or (g) any Product defect that originated from material or design supplied by the Purchaser.
5.2 Remedy Limitations. It is expressly agreed that Diono’s obligations and a Purchaser’s remedies under the limited warranties provided in this Policy are exclusive and are strictly limited to the repair or replacement of a Product unless as otherwise detailed in Section 2 of this Policy. Such limited warranties are also conditional upon strict compliance with the provisions of the Instruction Manual for the Product(s) in question. In no event will Diono or any of their authorized manufacturers or retailers be liable to a Purchaser for any damages, including without limitation incidental or consequential damages, arising out of a Purchaser’s use or inability to use any Product.
5.3 Other Requirements and Limitations. The warranties detailed in this Policy: (a) are non-transferable by Purchaser; (b) are only valid when supplied with proof of purchase from an authorized retailer or the Website; and (c) are valid only in the original country of the Product’s purchase.
6. Use of Outside Parts and Accessories
The use of covers, inserts, toys, accessories, or tightening devices produced by parties other than Diono or its authorized manufacturers (collectively, Outside Products) in any Product is not approved by Diono. The use of any Outside Product in conjunction with a Product could cause the Product to fail U.S., Canadian, U.K., and/or European safety standards. As a result, use of any Outside Product with a Product automatically voids any warranties granted under this Policy.
7. Reserved Rights
Diono reserves the right to: (a) discontinue any Product; (b) change a Product’s parts, fabrics, or design; (c) substitute a Product with a comparable model or Product; or (d) apply a divergent manufacturer’s guarantee for a Product in any specific geographical region.
8. Shipping Charges
Shipping charges for the replacement of any Product pursuant to a warranty granted under this Policy will be Purchaser’s sole responsibility. Diono will not be responsible for any delays or damage caused by the shipment of a replacement Product. More information about Diono’s shipping policies can be found in the Diono Shipping Policy.
Should any Purchaser have issues concerning a warranty or this Policy, Diono recommends contacting Diono Customer Service at 1-855-463-4666 (8:00 am to 3:00 pm PT) or firstname.lastname@example.org for help or assistance.