heliosphere logo

Solar Timepiece

Heliosphere DESIGNS Limited Warranty

Heliosphere Designs warrants to the initial purchaser (hereinafter, “you” or “your”) only that the HELIOSPHERE sundial will be free of material defects in material and workmanship for a period of twelve months from your purchase of the sundial. Heliosphere Designs, in its sole discretion, will repair, replace, or refund the amounts paid by you for sundials not meeting the above warranty if the warranty claim is received by Heliosphere Designs within the warranty period. Notwithstanding the foregoing, modifications or alterations to the sundials without Heliosphere Designs' prior written consent will automatically void any and all warranties, whether expressed or implied, for such sundials. Additionally, this warranty shall not cover any damage or condition determined by Heliosphere Designs to be caused by carelessness, negligence, misuse, normal wear and tear, failure to properly maintain the sundials, unauthorized repairs or modifications, or failure to use the sundials in accordance with Heliosphere Designs' instructions.

All warranty claims must be submitted in writing to:

Heliosphere Designs, LLC
PO Box 10418
Bainbridge Island, WA 98110

Heliosphere DESIGNs' obligations with respect to the Sundials purchased by you are strictly limited to the Limited Warranty set forth above (the “Warranty”). Repair, replacement or refund of amounts paid, as set forth in the warranty, is Heliosphere DESIGNs' sole obligation and your sole and exclusive remedy with respect to the Heliosphere DESIGNs' breach of warranty. Except as expressly set forth in the warranty, to the fullest extent permitted by applicable law, the sundials purchased from Heliosphere DESIGNS are provided on an “as is” basis and Heliosphere DESIGNS makes no representations or warranties concerning the sundials or otherwise in connection with your purchase of the sundials, and Heliosphere DESIGNS specifically disclaims all warranties, express , implied, statutory or otherwise, including without limitation any warranties of merchantability, fitness for a particular purpose, title or noninfringment. Without limiting the generality of the foregoing, Heliosphere DESIGNS hereby expressly disclaims all liability for claims that are due to normal wear, product misuse, abuse, product modification, or improper product selection. Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you.

Limitation of Liability

You agree that your sole remedy and Heliosphere DESIGNs' total liability, if any, is limited to the warranty set forth above. Heliosphere DESIGNS will not be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages, including lost profits or revenues, arising out of or in connection with your purchase of sundials from Heliosphere DESIGNS or otherwise in connection with the sundials whether based in contract, tort (including negligence) or otherwise, to the fullest extent allowed by law. This limitation shall apply even if Heliosphere DESIGNS has been advised of the possibility of such damages, and notwithstanding any failure of essential purpose of any limited remedy. Because some states do not allow the limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

The timepiece is not intended for use by children under 12 years in age. Adult supervision is required for all use.