BONE HEALTH TECHNOLOGIES, INC.
LIMITED WARRANTY POLICY for OSTEOBOOST
THIS LIMITED WARRANTY POLICY (THE “LIMITED WARRANTY”) GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). BONE HEALTH TECHNOLOGIES, INC. (“BHT) DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER LEGAL RIGHTS YOU MAY HAVE UNDER THE LAWS OF YOUR STATE (OR COUNTRY OR PROVINCE). FOR A FULL UNDERSTANDING OF YOUR RIGHTS, YOU SHOULD CONSULT THE LAWS OF YOUR STATE, COUNTRY OR PROVINCE.
BHT’s Osteoboost precision vibration therapy device (the “Osteoboost Device”) is warranted to be free from defects in materials or workmanship for one year from the date of purchase (Founder’s Program Members – see below). Within this period, BHT will, at its sole option, repair or replace any components that fail in normal use. Such repairs or replacement will be made at no charge to the you, the consumer, for parts or labor.
If you purchased an Osteoboost Device under the “Founder’s Program”: (i) BHT would like to thank you for your early support and commitment, and (ii) your Osteoboost Device is warranted to be free from defects in materials or workmanship for an additional one year (two years total) from the date of purchase under the terms of this Policy.
This Limited Warranty does not apply to: (i) cosmetic damage, such as scratches, nicks and dents; (ii) consumable parts, such as batteries, unless product damage has occurred due to a defect in materials or workmanship; (iii) damage caused by accident, abuse, misuse, water, flood, fire, or other acts of nature or external causes; (iv) damage caused by service performed by anyone who is not an authorized service provider of BHT; (v) damage to your Osteoboost Device that has been modified or altered without the written permission of BHT, (vi) damage to a product that has been connected to AC adapters and cables that are not certified by UL (Underwriters Laboratories) and are not labeled as Limited Power Source (LPS), or (vii) operating the Osteoboost Device (i) outside the permitted or intended uses described by BHT or (ii) not in accordance with instructions provided by BHT. In addition, BHT reserves the right to refuse warranty claims with respect to an Osteoboost Device that is obtained and/or used in contravention of the laws of any country.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WARRANTIES AND REMEDIES CONTAINED IN THIS LIMITED WARRANTY ARE EXCLUSIVE AND IN LIEU OF, AND BHT EXPRESSLY DISCLAIMS, ALL OTHER WARRANTIES AND REMEDIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, STATUTORY REMEDY OR OTHERWISE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM STATE TO STATE AND FROM COUNTRY TO COUNTRY.
IF IMPLIED WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR STATE OR COUNTRY, THEN SUCH WARRANTIES ARE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES (AND COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL BHT BE LIABLE IN A CLAIM FOR BREACH OF WARRANTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM THE USE MISUSE OR INABILITY TO USE THIS PRODUCT OR FROM DEFECTS IN THE PRODUCT. SOME STATES (AND COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
If during the warranty period you submit a claim for warranty service in accordance with this Limited Warranty, then BHT will, at its option: (i) repair the Osteoboost Device using new parts or previously used parts that satisfy BHT’s quality standards, (ii) replace the Osteoboost Device with a new Osteoboost Device or a Osteoboost Device recertified by BHT that meets BHT’s quality standards (with such Osteoboost Device potentially being a different model or type), or (iii) exchange the Osteoboost Device for a full refund of your purchase price. SUCH REMEDY SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY. This Limited Warranty covers only the Osteoboost Device and only extends to the original purchaser of the Osteoboost Device, and is not assignable or transferable, and states your exclusive remedy.
Repaired or replaced Osteoboost Devices have a 90-day warranty. If the Osteoboost Device sent in for Limited Warranty services is still under its original warranty, then the new warranty is 90 days or to the end of the original 1-year or 2-year (Founders Program) warranty, whichever is longer.
Before seeking warranty service, please access and review the online help resources available on support.osteoboost.com. If your Osteoboost Device is still not functioning properly after making use of these resources, contact BHT at support@osteoboost.com for instructions and follow those instructions to obtain warranty service. In addition to anything else contained in the instructions, BHT requires, as a condition of obtaining Limited Warranty service, that you return the Osteoboost Device postage prepaid, with proof of purchase to an address specified by BHT.
Please be aware that warranty service is only available within the original country of purchase. Accordingly, BHT may require you to ship your Osteoboost Device to BHT’s authorized service facility in the country of original purchase and if you are not located in that country, you will be responsible for complying with all applicable import and export laws and regulations and for paying all custom duties, V.A.T., shipping fees and other associated taxes and charges. In some cases, BHT may be unable to return a repaired or replaced product to you in a country other than the original country of purchase due to applicable standards, laws or regulations in that country. In that situation, BHT shall be relieved from having return a repaired or replaced product to any location outside the original country of purchase.