1. Limited Warranty. Inteliclinic warrants that the Neuroon (including any part
thereof) will be free in all material respects from defects in materials and
workmanship, under normal and intended use as described in the applicable
product documentation furnished by Inteliclinic (“Documentation”), for a period
of ONE (1) YEAR , running from (i) in case of Pre-Orders, the date when the Neuroon
is delivered to the carrier for shipment to Customer, and (ii) in case of other orders,
from Customer’s original date of purchase of the Neuroon (“Warranty Period”).
Within the Warranty Period, if any defect arises and you make a claim and return
the product in accordance with our Return Policy (described below), we will, at our
option, either (a) repair the Neuroon using either new or refurbished parts, (b)
replace the defective Neuroon or part with a new or refurbished Neuroon or part,
or (c) refund your Order. Any replacement may be, at the option of Inteliclinic, a
new product (including a next-generation model providing functionalities
materially similar to those of the originally purchased Neuroon) or remanufactured product.
A repaired or replaced Neuroon will be under this warranty for the rest of the
Warranty Period remaining for the original Neuroon or ninety (90) days from the
date of shipping the replacement or repair, whichever provides longer coverage for
you.
When the Neuroon is exchanged, any replacement item becomes your property and
the replaced item becomes the property of Inteliclinic. When a refund is given, the
Neuroon for which we provide the refund must be returned to us and it becomes
property of Inteliclinic.
To receive any remedy under this Limited Warranty, you must follow our Return
Policy.
2. Limited Warranty – Exclusions and Limitations. This Limited Warranty applies
only to the Neuroon hardware. The warranty does not apply to: (a) damage
resulting from abuse, misuse, accident, or negligence (b) normal wear and tear, (c)
defects caused by alterations, modifications, unusual stress, improper storage
(including but not limited to use in wet conditions), repair and servicing not made
or authorized by Inteliclinic, (d) damage caused by handling, operating or using
the Product outside the permitted or intended uses described in the Documentation,
(e) defects that are not reproducible by Inteliclinic, (f) cosmetic damage, such as
scratches, dents and broken plastic, and (g) consumables, including in particular
batteries, unless damaged due to a manufacturing defect.
I NTELICLINIC DOES NOT WARRANT UNINTERRUPTED OR ERROR -FREE OPERATION OF THE
NEUROON . EXCEPT AS PROVIDED IN THIS LIMITED W ARRANTY AND TO THE EXTENT
PERMITTED BY LAW , I NTELICLINIC WILL NOT BE RESPONSIBLE FOR ANY DAMAGES ,
WHETHER DIRECT OR INDIRECT , INCIDENTAL , SPECIAL , EXEMPLARY , OR CONSEQUENTIAL ,
ARISING FROM OR RELATING TO THIS L IMITED W ARRANTY OR THE USE OF OR INABILITY TO
USE ANY PRODUCT , EVEN IF I NTELICLINIC KNEW OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES . T HIS LIMITATION OF LIABILITY APPLIES TO A LEGAL CLAIM
FOR DAMAGES UNDER ANY LEGAL THEORY , INCLUDING , BY WAY OF EXAMPLE , BREACH OF
WARRANTY OR CONDITION , LOSS OF USE ; LOSS OF REVENUE ; LOSS OF ACTUAL OR
ANTICIPATED PROFITS ; LOSS OF THE USE OF MONEY ; LOSS OF ANTICIPATED SAVINGS ; LOSS
OF BUSINESS ; LOSS OF OPPORTUNITY ; LOSS OF GOODWILL ; LOSS OF REPUTATION ;
REPLACEMENT OF EQUIPMENT AND PROPERTY ; AND LOSS OF , DAMAGE TO , CORRUPTION
OF , OR COSTS OF RECOVERING OR REPRODUCING DATA OR PROGRAM . I NTELICLINIC ’ S
AGGREGATE CUMULATIVE LIABILITY ARISING FROM OR RELATING TO THIS L IMITED
WARRANTY AND THE USE OF , OR INABILITY TO USE, ANY PRODUCT , WHETHER IN
CONTRACT OR TORT OR OTHERWISE , SHALL IN NO EVENT EXCEED THE AMOUNT RECEIVED
BY I NTELICLINIC FROM C USTOMER IN CONNECTION WITH THE WARRANTIED PRODUCT .
THIS LIMITED W ARRANTY
OTHER
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WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
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L IMITED W ARRANTY . N O
WARRANTIES , WHETHER EXPRESS OR IMPLIED , WILL APPLY AFTER THE EXPIRATION OF THE
LIMITED W ARRANTY PERIOD .
S OME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES , SO THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU . T HE DISCLAIMERS ,
EXCLUSIONS , AND LIMITATIONS OF LIABILITY UNDER THIS LIMITED WARRANTY SHALL NOT
APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW .
3. EU Warranty. According to the applicable law, Inteliclinic Inc. (“Inteliclinic”)
warrants to Customers within the European Union/European Economic Area that
the Neuroon (including any part thereof) will be free in all material respects from
defects in materials and workmanship existing as of the date when Customer takes
delivery of the Neuroon and will otherwise conform with the contract between
Inteliclinic and Customer. If you discover such defects or other nonconformity and
make a claim with Inteliclinic in accordance with these Terms within the period of
TWO (2) YEARS from the date when the Neuroon was delivered to the carrier for
shipment to you, we will, at our option, either (a) repair the Neuroon using either
new or refurbished parts, (b) replace the defective Neuroon or part with a new or
refurbished Neuroon or part, or (c) refund your Order (the “EU Warranty”). Any
replacement under this EU Warranty may be, at the option of Inteliclinic, a new
product (including a next-generation model providing functionalities materially
similar to those of the originally purchased Neuroon) or re -manufactured product.
This EU Warranty applies only to the Neuroon hardware. The EU Warranty does
not apply to: (a) damage resulting from abuse, misuse, accident, or negligence (b)
normal wear and tear, (c) defects caused by alterations, modifications, unusual
stress, improper storage (including but not limited to use in wet conditions), repair
and servicing not made or authorized by Inteliclinic, (d) damage caused by
handling, operating or using the Product outside the permitted or intended uses
described in the Documentation, (e) defects that are not reproducible by Inteliclinic,
(f) cosmetic damage, such as scratches, dents and broken plastic, and (g)
consumables, including in particular batteries, unless damaged due to a
manufacturing defect.
To receive any remedy under this EU Warranty, you must follow our Return Policy.
You may also have other rights legal rights under applicable national legislation of
the members of the European Economic Area. Those rights are not affected by this
EU Warrantee.
For information on EU-wide consumer laws, please visit the European Consumer
Centre website athttp://ec.europa.eu/consumers/ecc/contact_en.htm.
If no specific information is provided for your country, or if you have any questions
about consumer laws in your country, please contact your local European
Consumer Centre at http://ec.europa.eu/consumers/ecc/contact_en.htm.