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Limited Warranty:
PRODUCT LIMITED WARRANTY & DISCLAIMER OF WARRANTIES
(A) Connectyx Technologies, Corp. (the “Company”), warrants that the MedFlash device (the “Product”) will be free from defects in materials and workmanship for a period of one (1) year beginning on the date the Product is purchased by the original purchaser of the Product and as verified by a receipt or other proof of purchase. During the warranty period, The company will, at its sole discretion:
(1) provide replacement parts necessary to repair the Product,
(2) replace the Product with a comparable Product, or
(3) (3) refund the amount paid by you for the Product, less depreciation, upon return.
Any replacement parts or Products will be new or serviceably used, comparable in function and performance to the original part or Product, and warranted for the remainder of the original warranty or ninety (90) days from the date of shipment of the replacement part of Products, whichever is longer. Purchasing additional parts or Products from the Company does not extend this warranty period.
(B) The warranty does not apply to:
(1) damage caused by accident, abuse, neglect, mishandling, dropping, failure or surge of electrical power, air conditioning or humidity control, transportation, or other causes other than ordinary use;
(2) products that have been subject to unauthorized repair, opened or taken apart;
(3) products not used or operated in accordance with directions; and
(4) damages exceeding the cost of the Product.
C) THE FOREGOING WARRANTIES APPLY ONLY TO THE ORIGINAL PURCHASER AND MAY NOT BE TRANSFERRED, ASSIGNED OR PASSED THROUGH BY YOU. THIS LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE PRODUCT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THE COMPANY, ITS AGENTS OR EMPLOYEES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY.
(D) EXCEPT AS SET FORTH HEREIN, THE COMPANY UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OR PERFORMANCE OF THE PRODUCTS, AND THE COMPANY DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE RIGHT TO RETURN DEFECTIVE PRODUCTS, AS DESCRIBED ABOVE, SHALL CONSTITUTE THE COMPANY'S SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY INCONNECTION WITH ANY CLAIM OF ANY KIND RELATING TO THE QUALITY, CONDITION OR PERFORMANCE OF ANY PRODUCTS, WHETHER SUCH CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, OR OTHERWISE.
(E) THE COMPANY (INCLUDING ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR SUBCONTRACTORS, ALL OF WHICH ARE REFERRED TO HEREIN COLLECTIVELY AS THE "COMPANY AFFILIATES" SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE TO YOU OR ANY OTHER PARTY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PRODUCT OR OTHERWISE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, THE PRODUCT’S FAILURE TO PERFORM FOR ANY REASON WHATSOEVER, THE LOSS OF THE PRODUCT INCLUDING THE LOSS OF THE INFORMATION OR DATA CONTAINED THEREIN, THE ACCURACY OF THE CONTENT OF ANY INFORMATION OR DATA DOWNLOADED OR OTHERWISE TRANSFERRED TO OR FROM THE PRODUCT BY ANY PARTY, ANY PARTY’S RELIANCE ON THE INFORMATION OR DATA CONTAINED IN THE PRODUCT, THE USE OF THE PRODUCT IN COMBINATION WITH ANY ELECTRICAL OR ELECTRONIC COMPONENTS, CIRCUITS, SYSTEMS OR ASSEMBLIES OR FOR THE UNSUITABILITY OF THE PRODUCT FOR USEWITH ANY CIRCUIT, ASSEMBLY OR ENVIRONMENT, INJURY TO PROPERTY OR ANY DAMAGES OR SUMS PAID BY YOU TO THIRD PARTIES, EVEN IF THE COMPANY OR ANY OF THE COMPANY AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE.
(F) THE COMPANY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT WITH RESPECT TO THE PRODUCT AND NONE OF THE COMPANY’S OR ANY COMPANY AFFILIATE SHALL HAVE ANY DUTY TO DEFEND, INDEMNIFY, OR HOLD HARMLESS YOU FROM AND AGAINST ANY OR ALL DAMAGES OR COSTS INCURRED BY YOU ARISING FROM THE INFRINGEMENT OF PATENTS OR TRADEMARKS OR VIOLATION OF COPYRIGHTS BY ANY OF THE PRODUCTS.
© 2007 & 2008,
Connectyx Technologies Corp
, all rights reserved