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Sense4Baby Warranty

Advanced Maternity Innovations / Sense4Baby Warranty

LIMITED WARRANTY FOR SENSE4BABY™ MODEL C SYSTEM

IMPORTANT: BY USING YOUR SENSE4BABY OR AMI’S SENSE4BABY MODEL C SYSTEM (THE “MODEL C SYSTEM”) YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THE AMI TWELVE (12) MONTH LIMITED WARRANTY (“WARRANTY”) AS SET OUT BELOW. DO NOT PURCHASE OR USE YOUR MODEL C SYSTEM UNTIL YOU HAVE READ THE TERMS OF THE WARRANTY. IF YOU DO NOT AGREE TO THE TERMS OF THE WARRANTY, DO NOT USE THE MODEL C SYSTEM AND RETURN IT WITHIN THE RETURN PERIOD STATED IN AMI’S RETURN POLICY FOR A REFUND.

WHAT IS COVERED BY THIS WARRANTY?

Advanced Maternity Innovations (“AMI”) warrants the Model C System contained in the original packaging against defects in materials and workmanship when used normally in accordance with the AMI published guidelines for a period of twelve (12) months from the date of original purchase from AMI or its authorized resellers (“Warranty Period”). This warranty is limited to the healthcare provider which purchased the Model C System. AMI published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.

HOW CONSUMER LAW RELATES TO THIS WARRANTY

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE (OR BY COUNTRY OR PROVINCE). OTHER THAN AS PERMITTED BY LAW, AMI DOES NOT EXCLUDE, LIMIT OR SUSPEND OTHER RIGHTS YOU MAY HAVE, INCLUDING THOSE THAT MAY ARISE FROM THE NONCONFORMITY OF A SALES CONTRACT. FOR A FULL UNDERSTANDING OF YOUR RIGHTS YOU SHOULD CONSULT THE LAWS OF YOUR COUNTRY, PROVINCE OR STATE.

WARRANTY LIMITATIONS SUBJECT TO CONSUMER LAW

TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL, WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AMI DISCLAIMS ALL STATUTORY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS, TO THE EXTENT PERMITTED BY LAW. IN SO FAR AS SUCH WARRANTIES CANNOT BE DISCLAIMED, AMI LIMITS THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT AMI OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED IN THIS LIMITED WARRANTY. SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY (OR CONDITION) MAY LAST, SO THE LIMITATION DESCRIBED ABOVE MAY NOT APPLY TO YOU.

WHAT IS NOT COVERED BY THIS WARRANTY?

This Warranty does not apply to any hardware products or any software, even if packaged or sold with the Model C System. Manufacturers, suppliers, or publishers of these hardware products or software may provide their own warranties to you – please contact the provider for further information. Please refer to the terms of use, licensing or services agreement pursuant to which you or your physician may access or use the software or portal (“AMI Services”) for details of your rights with respect to the use of such AMI Services. AMI does not warrant that the operation of the Model C System in connection with the AMI Services will be uninterrupted or error-free. AMI is not responsible for damage arising from failure to follow instructions relating to the Model C System’s use.

This Warranty does not apply and shall be considered void with respect: (a) to consumable parts, such as batteries or protective coatings that are designed to diminish over time, unless failure has occurred due to a defect in materials or workmanship; (b) to cosmetic damage, including but not limited to scratches, dents and broken plastic on ports; (c) to damage caused by use with another product; (d) to damage, breakage or failure caused by accident, abuse, misuse, tampering, neglect, liquid contact, fire, earthquake, shipping, or other external cause; (e) to damage caused by operating the Model C System outside AMI published guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not an authorized representative of AMI; (g) to a Model C System that has been modified to alter functionality or capability by any third party; (h) to any operation or use of the Model C System that is not listed in AMI published guidelines; (i) to defects caused by normal wear and tear or otherwise due to the normal aging of the Model C System, or (j) to any Model C System where the serial number has been removed or defaced.

GEOGRAPHIC RESTRICTIONS ON WARRANTY SERVICE

AMI may restrict warranty service for the Model C System to the country where AMI or its authorized distributors originally sold the device.

YOUR RESPONSIBILITIES

It shall be the purchaser’s responsibility to return the product directly to AMI or to an authorized distributor, agent, or service representative. In order to return the product, you must first obtain a return authorization number from AMI. All products must be returned in a clean, decontaminated condition. AMI reserves the right to refuse to service equipment returned in a contaminated condition. Before receiving warranty service, AMI or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues, and follow AMI procedures for obtaining warranty service.

WHAT WILL AMI DO IN THE EVENT WARRANTY SERVICE IS REQUIRED?

If during the Warranty Period you submit a valid claim to AMI, AMI will, at its option, (i) repair the Model C System using new or previously used parts that are equivalent to new in performance and reliability, (ii) replace the Model C System with a device that is at least functionally equivalent to the Model C System and is formed from new and/or previously used parts that are equivalent to new in performance and reliability, or (iii) refund the original purchase price upon return of the defective Model C System.

AMI may request that you replace certain user-installable parts or Model C Systems. A replacement part or Model C System, including a user-installable part that has been installed in accordance with instructions provided by AMI, assumes the remaining term of the Warranty or twelve (12) months from the date of replacement or repair, whichever provides longer coverage for you. When the Model C System or any part is replaced or a refund provided, any replacement item becomes your property and the replaced item or the item for which a refund has been issued becomes AMI property.

Where international service is available, AMI may repair or replace Model C Systems and parts with comparable Model C System and parts that comply with local standards.

HOW TO OBTAIN WARRANTY SERVICE

Please access and review the online help resources described below before seeking warranty service. If the Model C System is still not functioning properly after making use of these resources, please contact AMI using the information provided below and AMI will help determine whether your Model C System requires service and, if it does, will inform you how AMI will provide it. When contacting AMI via telephone, other charges may apply depending on your location.

You can phone AMI at 713 680 0200

You can mail your question to 1770 St James Pl, Suite 600, Houston TX 77056, Attn: Warranty Department.

WARRANTY SERVICE OPTIONS

If AMI determines that your Model C System is eligible for mail-in service, AMI will send you prepaid waybills and if applicable, packaging material, so that you may ship your Model C System to an AMI location in accordance with AMI’s instructions. Once service is complete, AMI will return the Model C System to you. You will pay for shipping to and from your location.

Service where AMI requires return of the replaced Model C System or part. AMI may require a credit card authorization as security for the retail price of the replacement Model C System or part and applicable shipping costs. If you are unable to provide credit card authorization, AMI may offer alternative arrangements for service. AMI will ship a replacement Model C System or part to you with installation instructions, if applicable, and any requirements for the return of the replaced Model C System or part. If you follow the instructions, you will not be charged for the Model C System or part and solely shipping to and from your location will be applied to the credit card. If you fail to return the replaced Model C System or part as instructed or return a replaced Model C System or part that is ineligible for service, AMI will charge your credit card for the authorized amount.

Service where AMI does not require return of the replaced Model C System or part. AMI will ship you free of charge a replacement Model C System or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced Model C System or part.

AMI reserves the right to change the method by which AMI may provide warranty service to you, and your Model C System’s eligibility to receive a particular method of service. Service will be limited to the options available in the country where service is requested. Service options, parts availability and response times may vary according to country. You may be responsible for shipping and handling charges if the Model C System cannot be serviced in the country it is in. If you seek service in a country that is not the original country of purchase, AMI may refuse warranty service and, if AMI agrees to provide warranty service you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges.

LIMITATION OF LIABILITY

EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY CLAIM FOR LOSS OR DAMAGE SHALL BE EXPRESSLY LIMITED TO THE RETAIL PRICE PAID BY THE ORIGINAL PURCHASER. AMI IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO, COMPROMISE OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA CREATED BY OR USED WITH THE MODEL C SYSTEM OR ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF INFORMATION COLLECTED OR TRANSMITTED BY THE MODEL C SYSTEM.

THE FOREGOING LIMITATION SHALL NOT APPLY TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS. AMI DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR THE MODEL C SYSTEM UNDER THIS WARRANTY OR REPLACE THE MODEL C SYSTEM WITHOUT RISK TO OR LOSS OF INFORMATION COLLECTED BY THE MODEL C SYSTEM.

SOME STATES (COUNTRIES AND PROVINCES) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

GENERAL

No AMI distributor, reseller, agent, or employee or other representative is authorized to make any modification, extension, or addition to this Warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired. This Warranty is governed by and construed under the laws of the country in which the Model C System purchase took place. AMI or its successor is the warrantor under this Warranty.