Limited Warranty for the Zephyr BioHarness™ Physiological Status Monitoring (PSM) system
Zephyr Technology Corporation warrants to the original end purchaser that:
- All BioHarness™ hardware shall be free from material defects in material and workmanship for a period of one (1) year from the original date of purchase (the "Hardware Warranty Period")
- The Zephyr BioHarness™ Chest Strap shall be free from material defects in material and workmanship for a period of three (3) months or 50 hand washes, whichever comes first, from the date of purchase (the "Chest Strap Warranty Period")
- All Zephyr software shall be free from material defects or errors for a period of one (1) year from the original date of purchase (the "Software warranty period").
If the product is determined to be materially defective during the Warranty Period, your sole remedy and Zephyr's sole and exclusive liability shall be limited to the repair or replacement of this product with a new or refurbished product at Zephyr's or its licensed distributor's option. For purpose of this Limited Hardware Warranty and Liability, "refurbished" means a product that has been returned to its original specifications. Go to our Returns page for instructions on how to deliver the product to an authorized service facility.
This warranty shall not apply if this product:
- is used with products which are not compatible with this product
- is modified, or tampered with
- is damaged by acts of God, misuse, abuse, negligence, accident, wear and tear, unreasonable use, or by other causes unrelated to defective materials or workmanship
- has had the serial number altered, defaced or removed
- has, in the reasonable opinion of Zephyr or its licensed distributors, been opened, altered, or defaced.
This warranty shall also be voidable by Zephyr or its licensed distributors if (1) Zephyr reasonably believes that the BioHarness™ system has been used in a manner that would violate the terms and conditions of a separate end user license agreement for system software; or (2) the product is used with products not sold or licensed by Zephyr, you assume all risks and liabilities associated with use of third party products.
This warranty is provided to you in lieu of all other express or implied warranties including warranties of merchantability and fitness for a particular purpose for the BioHarness™ system, which are disclaimed hereunder. However, if such warranties are required as a matter of law, then they are limited in duration to the warranty period.
Our sole and exclusive recourse in the event of any dissatisfaction with or damage arising from the use of any Zephyr BioHarness™ system and Zephyr's maximum liability shall be limited to repair or replacement of the BioHarness™ system. Except as expressly stated above, Zephyr excludes all liability for any loss of data, loss of profit, or any other loss or damage suffered by you or any third party, whether such damages are direct, indirect, consequential, special, or incidental and however arising under any theory of law, as a result of using your BioHarness™ system. Some countries, states or provinces do not allow limitation on how long an implied warranty lasts and some countries, states and provinces do not allow the exclusion or limitations of consequential or incidental damages, so the limitations or exclusions may not apply to you.
This warranty gives you specific legal rights, and you may also have other rights which vary from country to country, state to state or province to province. This warranty is in all countries where Zephyr has an office or a licensed distributor. The warranty offered by Zephyr Technology Corporation on your BioHarness™ hardware is the same whether or not you register your product.