SONIVATE LIMITED WARRANTY
Subject to the limitations and exclusions set forth below, Sonivate Medical, Inc. (“Sonivate”) warrants that the product distributed by Sonivate and its authorized distributors for use in the United States of America and operated in accordance with the instructions for use contained in the product’s accompanying documentation will be free from defects in material and workmanship appearing under normal use (as such normal use is described in the accompanying documentation) and service for a period of one (1) year from the date of purchase, unless you have purchased a separate extended warranty that extends the term of this limited warranty and in such case, such extended period will apply instead.
THIS LIMITED WARRANTY APPLIES ONLY TO THE ORIGINAL OWNER OF THIS SONIVATE PRODUCT DURING THE WARRANTY PERIOD, PROVIDED THE PRODUCT WAS PURCHASED DIRECTLY FROM SONIVATE OR AN AUTHORIZED DISTRIBUTOR. PROOF OF PURCHASE IS REQUIRED.
Sonivate does not warrant that Sonivate products will perform error-free or without interruptions.
Should your product require service, a claim authorization must be issued before shipping the product(s) to Sonivate for service. A claim authorization can be obtained by contacting your distributor. Claim authorizations will only be issued with respect to product(s) that have been registered within 15 days of purchase at Sonivate.com (follow instruction under Product Registration). Upon Purchaser request, Sonivate may elect to provide Purchaser with a loaner product during the service period. Loaner products are subject to availability and Purchaser is responsible for all shipping and insurance costs related to any loaner product.
The product, including peripherals (i.e., cables and chargers), must be delivered within the warranty period. Purchaser will be reimbursed reasonable shipping costs upon Sonivate’s confirmation of a valid warranty claim. Purchaser is responsible for the safe packing of the product (use of a service provider that specializes in packing and shipping is recommended).
PURCHASER WILL BACK UP AND DELETE ANY DATA FROM THE PRODUCT PRIOR TO RETURNING THE PRODUCT TO SONIVATE FOR SERVICE. AT SONIVATE’S DISCRETION AND WITHOUT NOTICE TO PURCHASER, SONIVATE MAY DELETE ALL DATA THAT IS NOT REMOVED FROM THE PRODUCT OR REJECT THE PRODUCT FOR SERVICE AND RETURN THE PRODUCT TO PURCHASER, AT PURCHASER’S EXPENSE. SONIVATE WILL NOT BE LIABLE FOR ANY DATA, INCLUDING LOSS OR DELETION OF ANY DATA, LEFT ON A PRODUCT RETURNED FOR SERVICING.
The device(s) must be securely packaged and must be sent, transportation prepaid through a traceable, insured method, to the service address indicated upon receipt of the claim authorization. The name and contact of the Purchaser as well as the claim authorization must be included in the package.
Sonivate will pay to return the product via ground shipping. Expedited shipping is available at Purchaser’s expense, prepaid via credit card or check. Any additional fees such as duties and taxes are the responsibility of the Purchaser in full.
After you return the product to Sonivate, Sonivate will inspect it. If Soniviate determines that the product malfunctioned due to a defect in materials or workmanship during the warranty period under normal use, Sonivate, (at its option) will repair or replace it, or refund the purchase price to Purchaser. Repair may use new or refurbished parts. Replacement may be with a new or refurbished unit. After repair or replacement, your product will be covered by this warranty solely for the remainder of your original warranty period. If your product malfunctions after the warranty period expires, there is no warranty of any kind. After the warranty period expires, Sonivate may charge you a fee for its efforts to diagnose and service any problems with the product.
Sonivate is not responsible and this warranty does not apply to:
- product purchased from an unauthorized distributor or dealer;
- product damaged due to use with other products or peripherals not provided or authorized by Sonivate;
- product that has been modified, tampered with or that has had its serial number altered or removed;
- product damaged by unauthorized alterations or modifications to the product;
- product damaged by power in excess of power ratings (including voltage) set forth in the instructions for use and other accompanying documentation;
- cosmetic defects of the product, such as scratches and dents;
- data loss;
- damage due to defective batteries, leaking batteries, or batteries that do not conform to the specifications listed in the instructions for use; and
- damage caused by any external cause (including, for example, by being dropped, exposed to liquid, used with inadequate ventilation, etc., acts of God, power surge, misuse, abuse, negligence, accident, mishandling, misapplication, failure to follow instructions, or other causes unrelated to defects in the Product).
EXCEPT FOR THE LIMITED WARRANTY PROVIDED ABOVE, SONIVATE MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING FROM STATUTE, COMMON LAW, CUSTOM OR OTHERWISE. THIS LIMITED WARRANTY SHALL BE THE EXCLUSIVE REMEDY AVAILABLE TO ANY PERSON. SONIVATE IS NOT LIABLE FOR DIRECT OR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF BUSINESS OR PROFITS) WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
Any legal action arising from the purchase or use of Sonivate products shall be commenced within one year from the accrual of the cause of action, or be barred forever. In no event shall Sonivate liability under this Limited Warranty or otherwise exceed the greater of $7,500 or the purchase price of the product giving rise to the cause of action.
This warranty is only valid in the United States of America. Products are warranted in conformance with applicable laws. If any part or term of this Limited Warranty is held to be illegal, unenforceable or in conflict with applicable law by any court of competent jurisdiction, the validity of the remaining portions of this Limited Warranty shall not be affected, and all rights and obligations shall be construed and enforced as if this Limited Warranty did not contain the particular part or term held to be invalid. Some US states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This Limited Warranty gives you specific legal rights. You may also have other rights which vary from state to state or country to country.
This warranty is governed by and construed in accordance with the laws of the State of Oregon.
Sonivate’ s address is: 4640 SW Macadam Ave. Suite 200 Portland, OR 97239