LIMITED WARRANTY STATEMENT
Reliefband® Medical Devices
Reliefband® Technologies warrants each new Reliefband® medical device to be free from material defect in workmanship and materials for (1 year) from the date of purchase, the “Warranty Period.” This limited warranty is subject to (a) the customer notifying Reliefband® Technologies within 1 year of the date of purchase of any material defect in the Reliefband® device workmanship and materials (“Defective Product”) during the Warranty Period, and (b) the customer returning the Defective Product to Reliefband®. Contact Reliefband® at 877-735-2263 for replacement of Defective Product. Proof of purchase, and payment for Shipping and Handling, will be required for service.
Reliefband® devices are indicated for nonprescription (over the counter) use in relief of nausea and vomiting due to motion sickness, physician-diagnosed migraines, anxiety, hangovers, morning sickness associated with pregnancy, chemotherapy and as an adjunct to antiemetics with postoperative nausea. Reliefband® devices may not be effective for every person because treatment outcomes vary and are dependent upon a myriad of patient profiles and characteristics. Reliefband® Technologies’ obligation under this Limited Warranty is expressly limited solely and exclusively to the replacement of the Defective Product.
THE LIMITED REPRESENTATIONS AND WARRANTIES SET FORTH HEREIN ARE RELIEFBAND TECHNOLOGIES’ SOLE REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE RELIEFBAND® DEVICE OR ANY OTHER SUBJECT MATTER HEREOF AND ARE GIVEN IN LIEU OF ANY AND ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR SUITABILITY FOR A PARTICULAR PURPOSE. THE REMEDIES AFFORDED TO CUSTOMER FOR ANY BREACH OF WARRANTY WILL BE LIMITED TO THOSE SET FORTH HEREIN TO THE EXCLUSION OF ANY AND ALL OTHER REMEDIES. CUSTOMER WILL NOT BE ENTITLED TO PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION CUSTOMER’S DENTAL AND MEDICAL COSTS, AS A RESULT OF A DEFECTIVE PRODUCT. NO AGREEMENT VARYING OR EXTENDING THE FOREGOING WARRANTIES, REMEDIES OR THIS LIMITATION WILL BE BINDING ON EITHER PARTY UNLESS MEMORIALIZED IN A WRITING SIGNED BY BOTH PARTIES.
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.
This warranty shall not apply to any Defective Product that has been tampered with or repaired and/or altered by someone other than a duly authorized Reliefband® Technologies’ representative. Further, this warranty shall not apply to any Defective Product where the defect has been caused by customer negligence, mishandling or any customer use contrary to the enclosed instructions or customer use inconsistent with the stated purpose. This warranty does not cover normal wear of the device, Reliefband® gel nor the charging cable is not warrantied under this one-year limited warranty.
This warranty is expressly limited solely to the original purchaser and does not extend or confer any rights to any transferee, assignee, or subsequent purchaser or user of a Defective Product. Reliefband® Technologies’ liability for all claims, (whether based on contract, tort, breach of warranty, or otherwise), which may arise in connection with the purchase and use of any Defective Product is limited to the purchase price paid by the original purchaser.
Reliefband® Technologies products purchased from unauthorized resellers are not covered by the warranty.
This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.