Pact Sense Limited Warranty

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Impact Biosystems, Inc. (“Company” or “we”) warrants to the original purchaser or gift recipient only that the Pact Sense Device (the “Product”) you purchased from Company shall be free from defects in materials and workmanship under normal use for a period of two (2) years from the date of retail purchase by the original purchaser (“Warranty Period”), as documented by a valid proof of purchase—e.g., receipt (or bank or credit card statement). If you order the Product via our website located at www.thepact.com/sense, the Warranty Period starts on the date of purchase.
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1. REMEDIES. If a defect in the Product’s hardware arises and a valid claim is received by Company within the Warranty Period, Company will, at its option and to the extent permitted by law, either (1) repair the Product at no charge, using new or refurbished replacement parts, or (2) exchange the Product with a new or refurbished Product. If Company, in its sole discretion, determines it is not reasonable to replace the defective Product, Company may refund to you the purchase price paid for the Product. In the event of a defect, to the extent permitted by law, these are your sole and exclusive remedies. You may be responsible for payment of shipping and handling charges for the delivery of a repaired or replacement Product, except where prohibited by applicable law. This Limited Warranty is valid only in the jurisdictions where the Products are sold by Company and is valid to the extent permitted by the applicable laws of such jurisdictions. Any replacement Product will be warranted for the remainder of the original Warranty Period or thirty (30) calendar days, whichever is longer, or for any additional period of time that may be applicable in your jurisdiction.
2. HOW TO OBTAIN WARRANTY SERVICE. To obtain warranty service under this Limited Warranty, please contact our Customer Service team at support@thepact.com to begin your claim. You must deliver the Product, in either its original packaging or packaging providing an equal degree of protection, together with proof of purchase, to the address specified by Company. By sending the Product, you hereby acknowledge that ownership of the Product is transferred to Company upon Company’s receipt of the defective Product. If the claim is justified based on this Limited Warranty, Company shall bear the cost of shipping the repaired or replacement Product to you. Any Product returned to Company without a valid warranty claim may be rejected and returned at your cost (subject to prepayment). For specific instructions on how to obtain warranty service on your Product, visit the Company website at www.thepact.com/warranty.
3.  EXCLUSIONS AND LIMITATIONS. This Limited Warranty applies only to Products manufactured by or for Company that can be identified by the Pact trademark, trade name, or logo affixed to it. The Limited Warranty does not apply to, and the term “Product” shall not include, any (a) Company products and services other than the Product, or (b) software, even if packaged or sold with the Product or embedded in the Product (e.g., firmware and/or system software), and including our Pact Mobile Application (“Company Software”). Please refer to the applicable licensing agreement that covers such Company Software for details of your rights with respect to its use. 
   
   This Limited Warranty does not apply to any damage to the Product caused by: (a) use with non-Company products; (b) accident, abuse, misuse, spillage of food or liquid, mishandling, transport or other external causes; (c) operating the Product outside the permitted or intended uses described by Company; (d) failure to follow the Product’s use, storage, or care instructions or use of improper voltage or power supply; or (e) service performed by anyone who is not an authorized service representative of the Company. This Limited Warranty also does not apply to cosmetic damage to the Product, including but not limited to scratches or dents or defects or parts requiring replacement due to ordinary wear and tear, corrosion, rust or stains, scratches, dents on the casing or paintwork of the Product. This Limited Warranty excludes Products where you fail to provide a dated proof of purchase or Products where the serial number has been removed.
   
   Recovery and reinstallation of software programs and user data are not covered under this Limited Warranty. It is your responsibility to backup any data, software, or other materials you may have stored or preserved on the Product. It is likely that such data, software, or other materials will be lost or reformatted during the performance of any warranty service, and Company will not be responsible for any such damage or loss.  
   
   Company does not warrant that the operations of the Product will be uninterrupted or error-free. 
   
   No Company employee is authorized to make any modification, extension, or addition to this Limited Warranty. If any term of this Limited Warranty is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
4. IMPLIED WARRANTIES AND CONDITIONS. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES AND CONDITIONS (INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON THE DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.  
5. LIMITATION OF DAMAGES. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF PROFITS, REVENUE OR DATA, RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental, or consequential damages, so the above limitation or exclusion may not apply to you.
6. GOVERNING LAW. This Limited Warranty shall be governed by the laws of the Commonwealth of Massachusetts, USA, without giving effect to any conflict of laws principles that may require the application of the law of another jurisdiction. 
7. NATIONAL STATUTORY RIGHTS. Consumers in some jurisdictions may have legal rights under applicable national legislation governing the sale of consumer goods, including, without limitation, national laws implementing EC Directive 99/44. These rights are not affected by the warranties in this Limited Warranty. If you have any questions, please contact the Company at: support@thepact.com.