Last modified on May 8, 2018
Limited Warranty on Products – OMsignal Inc. (“OMsignal”) warrants to you, the original retail purchaser (“Consumer”), that (i) the OMsignal biosensing shirt/OMbra will, under conditions of normal use, operate substantially in accordance with the accompanying documentation for a period of three months from date of original purchase, and that (ii) the transmission cable and electronic box provided with the biosensing shirt/OMbra will, under normal conditions of use, operate substantially in accordance with the accompanying documentation for one year from the date of original purchase. The biosensing shirt/OMbra, the transmission cable, and the electronic box are each referred to in this Warranty as a “Product”.
Remedy – The Consumer’s sole and exclusive remedy, and OMsignal’s sole and exclusive responsibility under this warranty, will be, at OMsignal’s option, to either repair or replace the defective Product during the applicable limited warranty period, so that it performs substantially in accordance with the accompanying documentation for the applicable warranty period after the date of initial purchase. A replacement may be, at OMsignal’s option, a new or remanufactured Product. If OMsignal, at its sole discretion, determines it is not reasonable to replace the defective Product, OMsignal may refund to the Consumer the purchase price paid for the Product.
Exclusions – The foregoing warranties are limited, and are not applicable to: (i) normal wear and tear; (ii) defects or damage caused by misuse, accident (including without limitation collision, fire, and the spillage of food or liquid), neglect, abuse, alteration, unusual stress, modification, improper or unauthorized repair, installation, wiring, or testing, improper storage, use in an unapproved device or if the serial number has been removed; (iii) use not in accordance with the documentation; and (iv) damage caused by the equipment with which the Product is used.
Warranty Service – To obtain warranty service for any Product that is subject to the foregoing warranty, the Consumer must notify OMsignal to obtain a Return Material Authorization (“RMA”) and must return the defective Product together with proof of purchase to the address specified by OMsignal in connection with the RMA. The Consumer shall bear the cost of shipping the Product to OMsignal and OMsignal shall bear the cost of shipping the Product back to the Consumer after the completion of service under this limited warranty. Any Product returned to OMsignal without an RMA or without proof of purchase will be returned to the Consumer at the Consumer’s cost.
Assignment – The limited warranty described herein extends only to the Consumer and is not assignable or transferable to any subsequent purchaser or user.
Exclusive Warranty – THE LIMITED WARRANTY SET FORTH ABOVE IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES, AND OMSIGNAL HEREBY DISCLAIMS ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUALITY, AND TITLE. OMSIGNAL DOES NOT WARRANT THAT THE PRODUCT IS ERROR-FREE OR THAT IT WILL FUNCTION WITHOUT INTERRUPTION.
To the extent OMsignal may not, as a matter of applicable law, disclaim certain implied warranties, the duration of any such implied warranty shall be limited to the shorter of the applicable limited warranty period (three months or one year, as applicable) or to the minimum time period permitted under such law. Some jurisdictions do not allow limitations on the duration of implied warranties, so the above limitation may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights that vary according to your jurisdiction.
Limitation of Liability – IN NO EVENT WILL OMSIGNAL BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUES, LOSS OF DATA, LOSS OF USE OF THE PRODUCT OR ANY ASSOCIATED EQUIPMENT, COST OF ANY REPLACEMENT GOODS OR SUBSTITUTE EQUIPMENT, LOSS OF USE DURING THE PERIOD THAT THE PRODUCT IS BEING REPAIRED, CLAIMS OF ANY THIRD PARTIES, OR ANY OTHER DAMAGES ARISING FROM OMSIGNAL’S BREACH OF THIS LIMITED WARRANTY OR THE USE OF THE PRODUCT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, DELICT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF OMSIGNAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OMSIGNAL’S TOTAL CUMULATIVE LIABILITY EXCEED THE PRICE PAID BY CONSUMER FOR THE PRODUCT.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.