DOSIME DEVICE ONE (1) YEAR LIMITED WARRANTY: BY USING YOUR DOSIME DEVICE YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE DOSIME ONE (1) YEAR LIMITED WARRANTY (“Limited Warranty”) AS SET OUT BELOW. DO NOT USE YOUR DOSIME DEVICE UNTIL YOU HAVE READ THE TERMS OF THE LIMITED WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THE LIMITED WARRANTY, DO NOT USE THE PROUCT AND RETURN IT WITHIN THE RETURN PERIOD AND IN ACCORDANCE WITH DOSIME’S RETURN POLICY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY BY STATE, COUNTRY, OR PROVINCE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS LIMITED WARRANTY WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Limited Warranty. The warranty obligations for the Dosime Device are limited to the terms set forth as follows. Dosime, Inc. ("Dosime") warrants the Dosime Device and accessories contained in the original packaging against defects in the materials and workmanship when used normally in accordance with the Dosime Device’s technical specifications and user manual for a period of ONE (1) YEAR from the date of original retail purchase by the end-user or purchaser (“Warranty Period”).
If during the Warranty Period a defect arises and you submit a valid claim to Dosime and follow the instructions for returning the product, we will, at our option, either (i) repair the product using either new or refurbished parts, or (ii) replace the product with a new or refurbished product. Repaired or replaced product(s) will be warranted for the remaining Warranty Period of the original product or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you.
Return Procedure. To obtain warranty service for any product that is subject to the foregoing Limited Warranty, the consumer must notify Dosime to obtain a Return Material Authorization (“RMA”) and return the defective product together with proof of purchase to the address specified by Dosime in connection with the RMA.
Limitations. This Limited Warranty does not apply: (i) to consumable part, such as batteries, unless failure has occurred due to a defect in materials or workmanship of the Dosime Device itself; (ii) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (iii) 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, testing, or improper storage; or (iv) to damage caused by operating the product outside the permitted or intended uses described by Dosime. This Limited Warranty does not apply to any software, even if packaged or sold with Dosime Device hardware. The software warranty is as set forth in the End User License Agreement for the software. Dosime does not warrant that the operation of the Dosime Device and accessories will be uninterrupted or error-free.
Disclaimer of Additional Warranties. TO THE FULLEST EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY EXPRESS OR IMPLIED. DOSIME DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES, COUNTRIES AND PROVINCES DO NOT ALLOW ALL WARRANTY DISCLAIMERS, SO THE LIMITATIONS DESCRIBED ABOVE MAY NOT ALL APPLY TO YOU.
Limited Liability. EXCEPT AS PROVIDED IN THIS LIMITED WARRANTY AND TO THE EXTENT PERMITTED BY LAW, DOSIME IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BY NOT LIMITED TO, LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUATION; DAMAGE TO OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, AND COST OF RECOVING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED OR USED WITH DOSIME DEVICES AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE DOSIME DEVICE OR ACCESSORIES. THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS.