INOGENI warrants the product against material defects in materials or workmanship under normal use and service for a period of two (2) years after the date of the original purchase. Du-ring this period, INOGENI will, at INOGENI option, repair or replace a defective product with a new or recertified or equivalent product without charge to you for parts or labour.
TO THE FULLEST EXTENT ALLOWED BY LAW. THE WARRANTIES. REMEDIES AND LIMITATIONS CONTAINED HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF All OTHER WARRANTIES, TERMS OR CONDITIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE INCLUDING WITHOUT LIMITATION, WARRANTIES, TERMS OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, CORRESPONDENCE WITH DESCRIPTION AND NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. INOGENI WILL NOT BE LIABLE UNDER THIS WARRANTY IF ITS TESTING AND EXAMINATION DISCLOSE THAT THE ALLEGED DEFECT OR MALFUNCTION IN THE PRODUCT OR SOFTWARE DOES NOT EXIST OR WAS CAUSED BY CUSTOMER’S OR ANY THIRD PARTY’S MISUSE, NEGLECT, IMPROPER INSTALLATION OR TESTING, UNAUTHORIZED ATTEMPTS TO OPEN, REPAIR OR MODIFY THE PRODUCT OR SOFTWARE OR ANY OTHER CAUSE BEYOND THE RANGE OF THE INTENDED USE, OR BY ACCIDENT, FIRE, LIGHTNING, OTHER HAZARDS OR ACTS OF GOD. THIS WARRANTY WILL NOT APPLY TO PRODUCTS USED FOR NUCLEAR RELATED, WEAPONS RELATED, MEDICAL OR LIFE SAVING PURPOSES TO THE FULLEST EXTENT ALLOWED BY LAW. INOGENI ALSO EXCLUDES FOR ITSELF AND ITS SUPPLIERS ANY LIABILITY WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS, LOSS OF INFORMATION OR DATA, OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF ITS PRODUCTS. EVEN IF INOGENI, ITS SUPPLIERS OR ITS RESELLER HAS BEEN ADVISED OF THE POSSIBLITY OF SUCH DAMAGES INOGENI’S SOLE LIABILITY WITH RESPECT TO ITS PRODUCT IS LIMITED TO REPAIR OR REPLACEMENT OF THE PRODUCT AT INOGENI’S OPTION. THIS DISCLAIMER OF LIABILITY FOR DAMAGES WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL FOR ESSENTIAL PURPOSE.