Activeforever Life Choice Portable Oxygen Concentrator - Manual (Page 24)

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W A R R A N T Y
Purchaser shall notify Inova Labs or its authorized distributor of the alleged defect within a reasonable time of
discovery of the issue and in any event no later than prior to the expiry of the Limited Warranty coverage.
When repairing or replacing the item Inova Labs may use functionally equivalent products or parts that are new,
equivalent to new or re-conditioned.
As far as national laws permit, the warranty coverage will not be extended or renewed or otherwise affected due
to Inova Labs’ authorized repair or replacement. However, part(s) repaired or replacement product will be
warranted for the unexpired portion of the original Limited Warranty or for sixty (60) days from the date of
repair or replacement, whichever is longer.
NO REPRESENTATIVE OF INOVA LABS HAS AUTHORITY TO MAKE ANY REPRESENTATIONS
OR PROMISES EXCEPT AS STATED HEREIN. THIS LIMITED WARRANTY IS EXCLUSIVE
AND GIVEN AND ACCEPTED IN LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
INOVA LABS SHALL HAVE NO FURTHER LIBALITY FOR ANY DAMAGE, LOSS, COST OR
FEE OF WHATEVER KIND OR NATURE, WHETHER FORSEEABLE OR NOT, INCLUDING
BUT NOT LIMITED TO ATTORNEYS’ FEES, CONSEQUENTIAL, GENERAL, SPECIAL,
INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, REGARDLESS OF THE
FORM OF THE CLAIM, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT
OF OR RELATING TO INOVA LABS’ PRODUCTS, AND EVEN IF INOVA LABS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR FEES. TO THE
EXTENT PERMITTED BY APPLICABLE LAW, INOVA LABS’ LIABILITY HEREUNDER OR
RELATING HERETO SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE
PRODUCT, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION
OR CLAIM IS BASED ON CONTRACT, TORT OR OTHERWISE. PURCHASER AGREES AND
ACKNOWLEDGES THAT THE PRODUCT IS OF A SIZE, DESIGN AND CAPACITY SELECTED
BY ITS MEDICAL PROVIDER. NO AGREEMENT VARYING OR EXTENDING THIS LIMITED
WARRANTY SHALL BE BINDING UPON INOVA LABS UNLESS IN WRITING, SIGNED BY A
DULY AUTHORIZED REPRESENTATIVE OF INOVA LABS.
Governing Law and Jurisdiction
The rights and obligations of the parties pursuant to this Limited Warranty and any dispute arising hereunder
shall be governed by and interpreted in accordance with the internal (but not the conflicts) laws of the State of
Texas, USA. The 1980 U.N. Convention on Contracts for the International Sale of Goods shall not apply. If
any provision of this Limited Warranty is inconsistent with applicable laws relating to Purchaser, Purchaser agrees
to waive any and all rights and remedies it may have under such laws to the extent it may waive such rights and
remedies. This Limited Warranty is offered as an additional benefit to Purchaser’s statutory rights and it does
not affect such statutory rights in any way. The parties agree and consent that the state or federal courts in Texas
shall have exclusive jurisdiction with respect to any dispute arising out of or relating to this Limited Warranty.
EACH PARTY EXPRESSLY WAIVES ALL RIGHTS TO A TRIAL BY JURY.
Technical Support
Please contact the local medical equipment company that provided or sold the LifeChoice® POC to you for
any technical or emergency support.