Pacific Research Laboratories/Sawbones Warranty and Return Policy
Sawbones is committed to your 100% satisfaction on every product sold. If you are not satisfied with the purchase of our products, you can return the product for a replacement or refund within one year of the purchase. This policy excludes custom products.
We guarantee all products against manufacturing defects in materials and workmanship. You may return defective product at any time. We will repair or replace at our cost any product returned for manufacturing defects for the life of the product.
Products damaged during shipment will need to be addressed by the shipping company.
If returning product due to misorder, a 10% restocking fee will be charged.
Governing Law; Limitation of Liability; Dispute Resolution
(a) This Agreement and all Work Orders shall be governed by, and shall be construed in accordance with, the laws of the State of Washington, excluding any conflicts of law provisions.
(b) THE LIABILITY OF PRL UNDER THIS WARRANTY IS LIMITED TO REPLACEMENT OF ANY DEFECTIVE PRODUCTS OR, AT PRL’S SOLE OPTION, A REFUND OF THE COST OF ANY DEFECTIVE PRODUCTS. IN NO EVENT WILL PRL BE RESPONSIBLE OR LIABLE FOR ANY PUNITIVE, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES OF ANY CUSTOMER OR ANY ATTORNEYS’ FEES OR COSTS INCURRED BY ANY CUSTOMER.
(c) Any dispute, controversy or claim arising out of or related to this Warranty shall be resolved in accordance with the following:
1. Subject to Section 2 below, any dispute that might arise between the parties relating to or arising from this Warranty shall be settled by binding arbitration in accordance with the then prevailing Commercial Arbitration Rules of the American Arbitration Association (“AAA”), except where those rules conflict with this provision, in which case this provision controls. Arbitration shall be conducted before a single arbitrator selected from the AAA’s National Roster of Arbitrators. Each party shall have the right to meet and interview the potential arbitrator(s) for no more than one hour each prior to the selection of an arbitrator. The arbitration shall be held in Seattle, Washington and Customer and PRL irrevocably consent to arbitrate in said location. The arbitration shall be conducted in English. In rendering the award the arbitrator must apply the substantive law of Washington (except where that law conflicts with this clause); however, the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. The arbitrator shall render a written opinion setting forth findings of fact and conclusions of law with the reasons therefor stated. Under no circumstances shall the arbitrator award damages in excess of or inconsistent with the limitations of liability set forth above. Any court with jurisdiction shall enforce this clause and enter judgment on any award. PRL and Customer will agree upon, within 45 days after arbitration is initiated or, if they fail to agree, the AAA will design, procedures that they will follow to assure that the arbitration will be concluded and the award rendered within no more than eight months from selection of the arbitrator.
2. Prior to initiation of arbitration, the parties must attempt nonbinding mediation, within a period of 45 days after the request for mediation, in accordance with The CPR Mediation Procedure then in effect of the CPR Institute for Dispute Resolution (CPR), except where that procedure conflicts with these provisions, in which case these provisions control. Each party shall have the right to meet and interview the potential mediator(s) for no more than one hour each prior to the selection of a mediator. The mediation shall be conducted in Seattle, Washington and shall be attended by a senior executive with authority to resolve the dispute from each party. In no event shall mediation delay commencement of arbitration for more than 45 days or interfere with the availability of emergency relief.
3. The arbitration and mediation proceedings shall be confidential and neither party shall publicize the nature of any dispute or the outcome of any mediation or arbitration proceedings except to the extent required by law, provided in such case the party required to make any disclosure informs the other party of such requirement to allow the other party to seek a protective order. The mediator or arbitrator, as the case may be, shall issue appropriate protective orders to safeguard each party’s confidential information.