Lumondi vigorously denies these allegations and asserts that: (i) the Watches are not defective in any respect; (ii) the Watches were tested and qualified to be advertised as represented; (iii) Lumondi did not fail to disclose any material defect in the Watches; and (iv) it is customary for the Watches to show fogging when exposed to an extreme temperature decrease because of a law of physics known as the dew point, but the fog will dissipate within 20 minutes after the Watch is returned to room temperature.
WHO IS A CLASS MEMBER?
All consumers nationwide who purchased (or received as a gift) one or more Luminox Watch Series 3000/3900, 3050/3950, 3120, 3150, 3160, 3180, 3190, 3250, 3500, 3510, 3580, 3590, 3600, 3610, 3800, 3810, 7050, 7060, 7200, or 7250 that contained an original Lumondi Warranty Card (the “Original Warranty”) at the time of purchase on or after June 1, 2018, through November 30, 2021.
WHAT BENEFITS DOES THE SETTLEMENT PROVIDE?
Extended Limited Warranty Benefit
If your Luminox Watch is no longer covered by the original two-year warranty as of the Effective Date (i.e., more than two years have passed since you bought the Luminox Watch), the one-year Extended Warranty period will begin on the Effective Date of the Settlement and end one year later. Assuming there are no appeals, the Parties estimate that the Effective Date will occur on July 22, 2022 (the Effective Date depends upon the date the Court enters the Final Approval Order, if your Luminox Watch is still covered by the original two-year warranty as of the Effective Date, the one-year Extended Limited Warranty Benefit will begin following the expiration of the original two-year warranty and will expire one year after the expiration of your Luminox Watch’s original two-year warranty.
To file a Valid Claim under the Extended Warranty, a Class Member must: (1) (a) present an original or clearly legible copy of a valid, fully completed Official Lumondi Warranty Card; (b) present a legible, itemized receipt or copy of a receipt from a Lumondi Authorized Dealer, as listed on the Settlement Website; or (c) if no warranty card or receipt is available, certify under oath: (i) that the watch was purchased from a Lumondi Authorized Dealer as listed on the Settlement Website; (ii) the identity of the Lumondi Authorized Dealer, if known; and (iii) the approximate date of purchase or receipt; (2) comply with the online warranty claim process and requirements; (3) certify under oath that he or she is not aware of any physical damage to the Luminox Watch and that he or she has experienced multiple Fogging Issues; (4) include a photo of the Luminox Watch showing at least one qualifying Fogging Issue as described above with his or her warranty claim submission; (5) initiate the claim prior to the end of the Extended Warranty period; and (6) provide the Watch for inspection by the Lumondi Authorized Repair Center technicians, who will confirm that no exclusions apply.
The following conditions are not covered by the Extended Warranty and do not constitute a Valid Claim: (1) normal wear and tear (or aging) of the band, case, crystal, bezel, crown, battery, pushbuttons, or plating of metal components; (2) damage caused by tampering with, misuse, or abuse; (3) damage to the watch case or movement caused by water entering the watch due to improper use or handling; (4) defects or damage resulting from battery replacement, service, or repairs performed by non-authorized Lumondi service or repair centers; or (5) a watch obtained from an unauthorized Lumondi dealer/retailer.
Replacement Watch Benefit
Class Members who make two qualifying warranty claims under the Extended Warranty shall be entitled to receive a new replacement Luminox Watch if the Extended Warranty Service is unsuccessful. An unsuccessful Extended Warranty Service means that the Luminox Watch that was serviced twice under the Extended Warranty benefit later exhibits the visible moisture and/or Fogging Issue within the later of (a) 90 days from the second Extended Warranty Service or (b) the expiration of the Extended Warranty.
Lumondi has also agreed to pay (1) reasonable attorneys’ fees and expenses to Class Counsel not to exceed $202,500; (2) a Service Award of $5,000 to the Named Plaintiff; and (3) the costs of issuing notice and administering the Settlement. Please review the Settlement Website at www.lumondiwatchsettlement.us for further details.
Opt-Out. You may exclude yourself from the Settlement and keep your rights, if any, to sue Lumondi by sending a written request for exclusion to the Notice Administrator postmarked by May 30, 2022. If you do not exclude yourself, you will be bound by the Settlement and give up your right to sue regarding the settled claims.
Object. If you do not exclude yourself, you have the right to object to the proposed Settlement. Written objections must be signed, postmarked by May 30, 2022, and provide the reasons for the objection. Please review the Settlement Website at www.lumondiwatchsettlement.us for further details.
Do Nothing. If you do nothing, you will lose the right to sue regarding any issues relating to the lawsuit and claims released by the Settlement. You will be considered part of the Settlement Class, and you will be bound by the Settlement and the Court’s decisions.
Released Claims. If you submit a claim, do nothing, or do not exclude yourself from the Settlement, you will be releasing Lumondi from all claims, damages, and losses that you now have or may have in the future that relate to your Watch’s Fogging Issue.
Attend the Fairness Hearing. The Court will hold a Fairness Hearing on June 22, 2022. All persons who timely object to the Settlement by May 30, 2022, may ask to appear at the Fairness Hearing, which will be held at the Thurgood Marshall United States Courthouse at 40 Foley Square, New York, NY 10007 in Courtroom 518 on June 20, 2022 at 3 p.m. EDT.
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