Limited Product Warranty
LIMITED PRODUCT WARRANTY
VitalTech Affiliates LLC. expressly warrants that, for a period of one (1) year from the date of initial receipt of your VitalBand®, the VitalBand® (“Product”) will be reasonably free of defects in materials. This Limited Warranty only applies to VitalTech’s Products which are used, stored, and handled in the manner recommended by VitalTech.
VitalTech will, at its option, repair or replace Product without charge if the Product fails or does perform as warranted solely due to a manufacturing defect within the warranty period, subject to the exclusions set forth in this Limited Warranty. Repair or replacement during this one (1) year warranty shall include reasonable labor charges necessary to repair or replace the defective product. During the entire one (1) year warranty, VitalTech’s obligation as to repair or replacement shall further be limited to repair or replacement with the models of the Product that are available at the time of the repair or replacement, and shall be limited to the repair or replacement of only the specific Product that fails due to a manufacturing defect. Any repaired or replaced product shall also remain subject to the original one (1) year warranty from the date of the original receipt of your VitalBand®, and any repair or replacement shall not extend the original warranty period in any manner or start a new warranty period.
HOW TO OBTAIN WARRANTY SERVICE
To obtain service under this Limited Warranty please contact VitalTech Customer Care at 833-325-5767, which is available between 8am to 8pm Central Time, or notifying VitalTech in writing, providing your name and address, a description of the product involved, and the nature of the defect to 2745 Dallas Pkwy, Ste 510, Plano, TX 75093. If VitalTech determines that any Product is not covered by this Limited Warranty, you must pay in full for any advance replacement Product and/or all parts, shipping, and labor charges for the repair or return of such Product.
DISCLAIMER OF WARRANTIES
VITALTECH’S PRODUCTS MUST BE STORED, HANDLED, INSTALLED, USED AND MAINTAINED IN ACCORDANCE WITH INSTRUCTIONS PROVIDED BY VITALTECH, AND THIS LIMITED WARRANTY IS CONDITIONED UPON COMPLIANCE WITH ALL SUCH INSTRUCTIONS. Copies of the VitalTech’s use guide is available from the VitalTech at the address listed below. You may also obtain these materials by contacting VitalTech on the VitalTech’s website at https://www.vitaltech.com.
This Limited Warranty does not cover defects caused by:
Accident, misuse, abnormal use, abnormal conditions, improper storage, exposure to liquid, moisture, dampness, sand or dirt, neglect, or unusual physical, electrical or electromechanical stress;
Scratches, dents and cosmetic damage, unless caused by VitalTech;
Excessive force or use of a metallic object when pressing on a touch screen;
Equipment that has the serial number or the enhancement data code removed, defaced, damaged, altered or made illegible;
Ordinary wear and tear;
External causes such as collision with an object, fire, flooding, dirt, windstorm, lightning, earthquake, exposure to weather conditions, theft, blown fuse, or improper use of any electrical source;
Cellular signal reception or transmission, or viruses or other software problems introduced into the Product
This Limited Warranty covers batteries only if battery capacity falls below 80% of rated capacity or the battery leaks. This Limited Warranty does not cover any battery if (a) the battery has been charged by a battery charger not specified or approved by VitalTech for charging the battery; (b) any of the seals on the battery are broken or show evidence of tampering; or (c) the battery has been used in equipment other than the VitalTech device for which it is specified.
THIS LIMITED WARRANTY SETS OUT THE FULL EXTENT OF VITALTECH’S RESPONSIBILITIES, AND THE EXCLUSIVE REMEDY REGARDING THE PRODUCTS. THE WARRANTIES SET FORTH HEREIN ARE THE ONLY WARRANTIES MADE BY VITALTECH IN CONNECTION WITH THESE PRODUCTS. ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY
VITALTECH MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE OR SUITABILITY OF ANY THIRD-PARTY SOFTWARE OR EQUIPMENT USED IN CONJUNCTION WITH THE PRODUCT, OR THE ABILITY TO INTEGRATE ANY SUCH SOFTWARE OR EQUIPMENT WITH THE PRODUCT, WHETHER SUCH THIRD PARTY SOFTWARE OR EQUIPMENT IS INCLUDED WITH THE PRODUCT DISTRIBUTED BY VITALTECH OR OTHERWISE. RESPONSIBILITY FOR THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE AND SUITABILITY OF ANY SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT RESTS SOLELY WITH THE USER AND THE DIRECT VENDOR, OWNER OR SUPPLIER OF SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT.
The VitalBand® is NOT intended for use in connection with active patient monitoring to allow immediate clinical action or continuous monitoring by a health care provider or the patient. If at any time You are concerned about Your care or the treatment, or You believe or someone else advises You that You have a serious or life-threatening condition, call 9-1-1 in areas where that service is available, or go to the nearest open clinic or emergency room.
THE PRODUCT CANNOT AND ARE NOT DESIGNED, INTENDED OR APPROPRIATE TO REPLACE THE RELATIONSHIP YOU HAVE WITH YOUR HEALTHCARE PROVIDERS OR TO ADDRESS SERIOUS, EMERGENCY, OR LIFE-THREATENING MEDICAL CONDITIONS AND SHOULD NOT BE USED IN THOSE CIRCUMSTANCES. YOU SHOULD ALWAYS TALK TO YOUR HEALTH CARE PROVIDERS FOR DIAGNOSIS AND TREATMENT OF YOUR CONDITIONS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL VITALTECH BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT OR FOR, WITHOUT LIMITATION, COMMERCIAL LOSS OF ANY SORT; LOSS OF USE, TIME, DATA, REPUTATION, OPPORTUNITY, GOODWILL, PROFITS OR SAVINGS; INCONVENIENCE; INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCT. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.
Any question concerning this warranty should be addressed to:
VitalTech Affiliates LLC
2745 Dallas Parkway, Suite 510
Plano, Texas 75093