Gabb Warranty Options

Gabb Extended Limited Warranty

You have the option to purchase a Gabb Extended Limited Warranty (“Extended Service Contract”) for each Device at the time of purchase which covers damage from accidental drops and spills during normal use (“Normal Use”), meaning common end-user use under normal home conditions in accordance with the user instruction materials*. The current fee for this Service Contract is $4.99/month. Neither warranty covers lost or stolen devices, batteries, or any problem that is caused by abuse, misuse, or an act of God. The fee for replacements is $40 for watches and $60 for phones.

Manufacturer’s Limited Warranty

When you purchase any Gabb cellular device (“Device”) it comes with a free manufacturer’s limited warranty (“Manufacturer’s Limited Warranty” or “MLW”) that covers defects in workmanship and hardware for one (1) year from the date of purchase (“Service Contract Term” or “Term”) .

*User Guides
Gabb Watch 3e
Gabb Phone 4
Gabb Phone 4 Pro

Gabb Extended Limited Warranty

SUMMARY

• This optional Service Contract is purchased monthly at $4.99/month and may be canceled at any time.
• The Service Contract may be purchased prior to purchasing a Device, or at any time after purchase.
• This Service Contract provides repair or replacement of Covered Devices accidentally damaged (“Accidental Damage Handling” or “ADH”) from drops or spills.
• Lost and stolen devices are not covered, nor batteries or damage caused by abuse, misuse, or Acts of God.
• Device replacement cost is $40 for watches and $60 for phones.

(Your Device is covered against hardware and workmanship defects for a period of 1 (one) year from the date of purchase by the free Manufacturer’s Warranty explained above.)

MAKING A CLAIM

• Gabb Extended Limited Warranty claim: Log into your Gabb account online and select Replace Device, then select Device is Broken.

CANCELLATION

You may cancel this Service Contract at any time with no penalty by contacting gabb.com/support. The final day of coverage will be the last day of the Service Contract Term already paid for.

DETAILS

The Gabb Extended Warranty (“Service Contract”) is not a contract of insurance. Unless otherwise regulated under state law, the contents of this Service Contract should be interpreted and understood within the meaning of a “Service Contract” in Public Law #93-637.

This Service Contract is issued to you by Gabb (“Service Provider”) and conforms with the definition (“Definitions”) and terms and conditions (“Terms and Conditions”) below. It includes these Definitions, Terms and Conditions, as well as your Service Contract enrollment / coverage confirmation and covered device (“Covered Device”) purchase receipts found in your account.

DEFINITIONS

• The Service Contract administrator (“Administrator”) and provider (“Provider”) is Gabb Wireless, Inc., 2701 N Thanksgiving Way, Suite 500, Lehi, UT, 84043. The Provider is contractually obligated to you under the terms of this Service Contract.
• Your Covered Device is the one for which you enrolled in this Service Contract, including any replacement or upgraded Devices you have enrolled based on your monthly Service Contract payment for the specified Device(s) as identified on your Service Contract enrollment / coverage confirmation.
• Price refers to the consideration paid by you for this Service Contract, currently $4.99 per month, subject to increase.
• Deductible refers to the amount paid by the Customer to receive a replacement or repaired Device under the limitations of the
• Gabb Limited Extended Warranty, currently $40 for watches and $60 for phones.
• Service Contract Term (“Term”) refers to the coverage time frame from when your coverage under this Service Contract begins to when your coverage ends, which is one (1) month. The term is billed in monthly increments.
• Accidental Handling or ADH refers to damage caused to the device by drops or spills during normal use.
• You / Your refers to the owner of the Covered Device under this Service Contract.
• We / Our / Us refers to the Service Contract Provider or its Administrator (including any contracted third-party providers).

SERVICES PROVIDED UNDER THIS SERVICE CONTRACT:

1. Service Provision. We may subcontract or assign delivery for elements of Our obligations under this Service Contract to third parties; however, this does not relieve us of Our obligations under this Service Contract.
2. Term of Coverage. The term of coverage (“Term of Coverage”) under this Service Contract begins when you enroll in the Service Contract either at the time of purchase of your Device or any time thereafter. The first day of enrollment is the coverage start date (“Coverage Start Date”) of your Service Contract as verified by your payment to your account. The Term of Coverage for this Service contract runs from the Coverage Start Date until the same day the following month, and is continuous, month to month, until canceled by either You or Us.
3. What is Covered?
   • 3.1 Replacement devices covered by the Service Contract will be replaced or repaired as agreed once billed and paid for by You during the Service Term with a deductible (“Deductible”) of $40 for watches and $60 for phones for each claim made.

   3.2 Accidental Damage from Handling. If during the Service Contract Term, you submit a valid claim on the Covered Device to notify us of a failure due to accidental damage from handling (“ADH”), We will, subject to the service fee described below, either (i) repair the defect using new or refurbished parts that are equivalent to new in performance and reliability, or (ii) exchange the Covered Device with a replacement product that is new or equivalent to new in performance and reliability.

   ADH coverage only applies to an operational or mechanical failure caused by an accident from handling that is the result of an unexpected and unintentional external event (for example, accidental drops or damage caused by liquid contact that arises from normal daily usage of the Covered Device as intended.

   We may ask you to provide an explanation of where and when the accident occurred with a detailed description of the actual event. We will deny the claim if you fail to pay the service fee or fail to provide information relating to the accident when asked.

   3.3 Deductible: You will be assessed a non-refundable Deductible each time an ADH repair or replacement is completed.

   Fee Schedule:
   $40 for Gabb Watch, Gabb Watch 2, Gabb Watch 3, Gabb Watch 3e.
   $60 for Gabb Phone, Gabb Phone 4. Gabb Phone Plus, Gabb Phone 3 Pro, Gabb Phone 4 Pro.

4. What Is Not Covered?
   • 4.1 The Service Contract does not apply to:
   • • 1. Abuse, misuse, fire, acts of God, other external causes except in cases of ADH as described in section 3.2 above.
   • • 2. Operating the Covered Device outside the permitted or intended uses described by the manufacturer, or services performed by anyone not authorized by Us.
   • • 3. Setup, installation, removal, or disposal of the Covered Device, or provision of equipment while the Covered Device is being serviced.
   • • 4. Covered Device that has been lost or stolen or intentionally damaged, damage caused by reckless, abusive, willful, or intentional conduct associated with handling and use, damage due to acts of God or environmental exposure.
   • • 5. Cosmetic damage to the Covered Device, including but not limited to scratches and dents that do not otherwise affect the functionality of the Covered Device.
   • • 6. Defects caused by normal wear and tear and normal aging of the Covered Device

    

5. How to Obtain Service and Support
   All claimed events must be reported to us as soon as reasonably possible. You may obtain hardware services, ADH coverage and by contacting Us at gabb.com/support.
6. Service Options.
   • 6.1 Repairs and replacements will be performed by Gabb. Service will be available and rendered during the regular working hours and work week of the repair centers. Following Our diagnosis and claim approval, we will, at Our option, set up one of the following service events:
     • 1. Mail-in service. Direct mail-in service is available for most Covered Devices. If we determine that your Covered Device is eligible for mail-in service, we will send you a prepaid shipping label (and, if needed, packaging material) for you to ship the Covered Device to an authorized repair center according to the instructions provided by us. Once service is complete, we will return the Covered Device or a replacement to you. We will pay for shipping to and from your location if you follow all instructions.
   • • 2. Service where we require return of the replaced Covered Device or part. We may require a credit card authorization or other method to serve as security for the retail price of the replacement Covered Device or part and applicable shipping costs. We will ship a replacement device or part to you with installation instructions, if applicable, and any requirements for the return of the replaced Covered Device or part. If you follow the instructions, the credit card authorization will be canceled, so you will not be charged for the replacement Covered Device or part and the shipping to and from your location. If you fail to return the replaced device or part as instructed or return a replaced device or part that is ineligible for service, we will charge the credit card for the authorized amount. If you are not able to provide credit card authorization, this service may not be available to you, and we will offer an alternative service option.

   6.2 We reserve the right to change the method by which we may provide repair or replacement service to you, and your Covered Device’s eligibility to receive a particular method of service. Service will be limited to the options available from Us only within the United States.

SERVICE CONTRACT GENERAL PROVISIONS

1. LIMITS OF LIABILITY:

The maximum number of repairs or replacements under Device Protection is two (2) during any rolling twelve (12) month period. No further replacements will be provided for the remainder of this period.

There are no repairs or replacement limits for hardware service losses during the Manufacturer’s Limited Warranty of 1 (one) year from the date of purchase.

2. WHAT YOU MUST DO:

To keep this Service Contract in force during the coverage term, you must maintain the Covered Device according to the service requirements set forth by the manufacturer’s specifications, including cleaning and maintenance. It is your responsibility to protect the Covered Device from further damage and comply with the user guide(s).

*User Guides
Gabb Watch 3e
Gabb Phone 4
Gabb Phone 4 Pro

You must notify us in writing if your address changes by updating your account profile.

3. INELIGIBLE FOR COVERAGE:

Enrollment in this Service Contract is only available for new eligible devices under manufacturer’s warranty or, at Our discretion, certified reconditioned devices. Devices either not registered with us or approved for coverage by us as outlined under Covered Device, or devices not authorized or intended for sale in the United States by the device manufacturer, are ineligible for benefit under this Service Contract.

4. CANCELLATION:

We may cancel this Service Contract within the first sixty (60) days for any reason. After sixty (60) days, we may only cancel this Service Contract for (1) nonpayment of the Price; (2) fraud or material misrepresentation; or (3) substantial breach of contractual duties by you. If we cancel due to non-payment, fraud, material misrepresentation or a substantial breach of duties by you, we will provide you with written notice, with the reason for cancellation, at your last known mailing or email address (depending on your chosen form of communication) at least thirty (30) days before cancellation.

5. TRANSFER:

This Service Contract is not transferable to another individual or entity.

6. RENEWAL:

This Service Contract renews each month with your payment of the Price unless canceled either by you or us during the Service Contract Term. We reserve the right to change the provisions of this Service Contract (including Price and service fee) upon giving you at least thirty (30) days written notice prior to the date of renewal.

7. UTAH DISCLOSURE:

The following state specific requirements are added to and become part of your Service Contract and supersede any other provisions to the contrary:
The following Provisions are hereby added:

• REGULATION:

• Coverage afforded under this Service Contract is not guaranteed by the Utah Property and Casualty Guaranty Association. This Service Contract is subject to limited regulation by the Utah Insurance Department. To file a complaint, contact the

Utah Insurance Department

Manufacturer’s Limited Warranty

SUMMARY

This warranty (“Manufacturer’s Limited Warranty”) is free and is included with every Device. It covers defects in workmanship and the Covered Device’s hardware discovered during Normal Use.

The Manufacturer’s Limited Warranty lasts one (1) year from the date of purchase and does not cover accidental damage, lost or stolen Devices, batteries, nor any damage that is caused by abuse, misuse, or an Act of God.

During the first year Your Device is covered against defect by the Manufacturer’s Limited Warranty, for which there will be no service fee (Service Fee) for Hardware service repairs or replacements. The Manufacturer’s Limited Warranty is non-transferable.

MAKING A CLAIM

• Manufacturer’s Limited Warranty claim: Contact Gabb Support by chatting in live at gabb.com/support Monday-Friday from 7:00 a.m.-6:30 p.m. MT, Saturday from 7:00 a.m.-3:00 p.m. MT.

DETAILS

Hardware Service
If during the Service Contract Term, you submit a valid claim on the Covered Device to notify us that (i) a defect in Hardware and/or workmanship (“Workmanship”) has arisen, we will arrange a service event to either: (i) repair the defect, using new or refurbished parts that are equivalent to new in performance and reliability, or (ii) exchange the Covered Device, with a replacement (“Replacement”) that is new or equivalent to new in performance and reliability.

All Replacements due to Hardware defects provided during the Service Contract Term will, at a minimum, be functionally equivalent to the original Covered Device. If we exchange the Covered Device, the original becomes Our property and the Replacement becomes Your property, with coverage for the Replacement Device effective for the remaining portion of the Service Contract Term.

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