Terms of Use
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,
BIOPOD 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,
TATUTORY, EXPRESS OR IMPLIED. BIOPOD 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, BIOPOD LIMITS THE DURATION AND
REMEDIES OF SUCH WARRANTIES TO THE DURATION OF THIS EXPRESS WARRANTY AND, AT BIOPOD’S OPTION, THE REPAIR OR REPLACEMENT SERVICES DESCRIBED BELOW. 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 COVERED BY THIS WARRANTY?
Biopod Systems Inc. of Calgary, Canada (“Biopod”) warrants the Biopod-branded hardware product and Biopod-branded accessories contained in the original packaging (“Biopod Product”) against defects in
materials and workmanship when used normally in accordance with Biopod's published guidelines for a period of ONE (1) YEAR from the date of original retail purchase by the end-user purchaser ("Warranty Period").
Biopod’s published guidelines include but are not limited to information contained in technical specifications, user manuals and service communications.
WHAT IS NOT COVERED BY THIS WARRANTY?
This Warranty does not apply to any non-Biopod branded hardware products or any software, even if packaged or sold with Biopod hardware. Manufacturers, suppliers, or publishers, other than Biopod, may
provide their own warranties to you – please contact them for further information. Software distributed by Biopod with or without the Biopod brand (including, but not limited to system software) is not covered
by this Warranty. Please refer to the licensing agreement accompanying the software for details of your rights with respect to its use. Biopod does not warrant that the operation of the Biopod Product will be
uninterrupted or error-free. Biopod is not responsible for damage arising from failure to follow instructions relating to the Biopod Product’s use.
This Warranty does not apply: (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 unless failure has occurred due to a defect in materials or workmanship; (c) to damage caused by use with a third
party component or product that does not meet the Biopod Product’s specifications (Biopod Product specifications are available www.biopod.com under the technical specifications for each product and
also available in stores); (d) to damage caused by accident, abuse, misuse, fire, liquid contact, earthquake or other external cause; (e) to damage caused by operating the Biopod Product outside Biopod’s published
guidelines; (f) to damage caused by service (including upgrades and expansions) performed by anyone who is not a representative of Biopod or an Biopod Authorized Service Provider (“AASP”); (g) to an Biopod
Product that has been modified to alter functionality or capability without the written permission of Biopod; (h) to defects caused by normal wear and tear or otherwise due to the normal aging of the Biopod Product;
(i) if any serial number has been removed or defaced from the Biopod Product; or (j) if Biopod receives information from relevant public authorities that the product has been stolen or if you are unable to deactivate
passcode-enabledor othersecurity measures designed to prevent unauthorized access to the Biopod Product, and you cannot prove in any way that you are the authorized user of the product (eg. by presenting proof
of purchase).
YOUR RESPONSIBILITIES
Before receiving warranty service, Biopod or its agents may require that you furnish proof of purchase details, respond to questions designed to assist with diagnosing potential issues and follow Biopod's procedures
for obtaining warranty service. DURING WARRANTY SERVICE IT IS POSSIBLE THAT THE CONTENTS OF THE Biopod PRODUCT’S STORAGE MEDIA WILL BE LOST, REPLACED OR REFORMATTED. IN SUCH AN
EVENT BIOPOD AND ITS AGENTS ARE NOT RESPONSIBLE FOR ANY LOSS OF SOFTWARE PROGRAMS, DATA OR OTHER INFORMATION CONTAINED ON THE STORAGE MEDIA OR ANY OTHER PART OF THE
Biopod PRODUCT SERVICED.
Following warranty service your Biopod Product or a replacement device will be returned to you as your Biopod Product was configured when originally purchased, subject to applicable updates. You will be
responsible for reinstalling all other software programs, data and information. Recovery and reinstallation of other software programs, data and information are not covered under this Warranty.
WHAT WILL Biopod DO IN THE EVENT THE WARRANTY IS BREACHED?
If during the Warranty Period you submit a claim to Biopod or an AASP in accordance with this warranty, Biopod will, at its option:
(i) repair the Biopod Product using new or previously used parts that are equivalent to new in performance and reliability,
(ii) replace the Biopod Product with the same model (or with your consent a product that has similar functionality) formed from new and/or previously used parts that are equivalent to new in performance and
reliability, or
(iii) exchange the Biopod Product for a refund of your purchase price.
Biopod may request that you replace certain user-installable parts or Biopod Products. A replacement part or Biopod Product, including a user-installable part that has been installed in accordance with instructions
provided by Biopod, assumes the remaining term of the Warranty or ninety (90) days from the date of replacement or repair, whichever provides longer coverage for you. When a Biopod Product or part is replaced
or a refund provided, any replacement item becomes your property and the replaced or refunded item becomes Biopod's property.
HOW TO OBTAIN WARRANTY SERVICE?
Please access and review the online help resources described below before seeking warranty service. If the Biopod Product is still not functioning properly after making use of these resources, please contact an
Biopod representative or, if applicable, an Biopod owned retail store ("Biopod Retail") or AASP, using the information provided below. An Biopod representative or AASP will help determine whether your
Biopod Product requires service and, if it does, will inform you how Biopod will provide it. When contacting Biopod via telephone, other charges may apply depending on your location.
Online information with details on obtaining warranty service is provided below.
WARRANTY SERVICE OPTIONS
Biopod will provide warranty service through one or more of the following options:
(i) Carry-in service. You may return your Biopod Product to your original Retailer or AASP location oering carry-in service. Service will be performed at the location, or the Retailer or an AASP may send your
Biopod Product to an Biopod Repair Service (“ARS”) location to be serviced. Once you are notified that service is complete, you will retrieve the Biopod Product from the Biopod Retail or AASP location without d
elay unless Biopod notifies you that the Biopod Product will be sent directly to your location from the ARS location.
(ii) Mail-in service. If Biopod determines that your Biopod Product is eligible for mail-in service, Biopod will send you prepaid waybills and if applicable, packaging material and instructions on how to properly
pack and address your Biopod product, so that you may ship your Biopod Product to an ARS or AASP location. Instructions may be sent to you via email or in hard copy with the packaging material. Once service is
complete, the ARS or AASP location will return the Biopod Product to you. Biopod will pay for shipping to and from your location if all instructions regarding the method of packaging and shipping the Biopod
Product are followed.
(iii) Do-it-yourself (DIY) parts service. DIY parts service allows you to service your own Biopod Product. If DIY parts service is available in the circumstances, the following process will apply.
(a) Service where Biopod requires return of the replaced Biopod Product or part. Biopod may require a credit card authorization as security for the retail price of the replacement Biopod Product or part and
applicable shipping costs. If you are unable to provide credit card authorization, DIY parts service may not be available to you and Biopod will oer alternative arrangements for service. Biopod will ship a
replacement Biopod Product or part to you with installation instructions, if applicable, and any requirements for the return of the replaced Biopod Product or part. If you follow the instructions, Biopod will cancel
the credit card authorization, so you will not be charged for the Biopod Product or part and shipping to and from your location. If you fail to return the replaced Biopod Product or part as instructed or return a
replaced product or part that is ineligible for service, Biopod will charge your credit card for the authorized amount.
(b) Service where Biopod does not require return of the replaced Biopod Product or part. Biopod will ship you free of charge a replacement Biopod Product or part accompanied by instructions on installation, if
applicable, and any requirements for the disposal of the replaced Biopod Product or part.
(c) Biopod is not responsible for any labor costs you incur relating to DIY parts service. Should you require further assistance, contact Biopod at the telephone number listed below.
Biopod reserves the right to change the method by which Biopod may provide warranty service to you, and your Biopod Product’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
Biopod Product cannot be serviced in the country it is in. If you seek service in a country that is not the country of purchase, you will comply with all applicable import and export laws and regulations and be r
esponsible for all custom duties, V.A.T. and other associated taxes and charges. For international service, Biopod may repair or replace Biopod Products and parts with comparable Biopod Products and parts that
comply with local standards.
LIMITATION OF LIABILITY
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, Biopod 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 STORED IN OR USED WITH THE BIOPOD PRODUCT OR ANY FAILURE TO MAINTAIN
THE CONFIDENTIALITY OF INFORMATION STORED IN THE BIOPOD PRODUCT.
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. BIOPOD
DISCLAIMS ANY REPRESENTATION THAT IT WILL BE ABLE TO REPAIR ANY BIOPOD PRODUCT UNDER THIS WARRANTY OR REPLACE THE BIOPOD PRODUCT WITHOUT RISK TO OR LOSS OF INFORMATION
STORED ON THE BIOPOD PRODUCT.
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 Biopod reseller, agent, or employee 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 aected or impaired. This Warranty is governed by and construed under the laws of the
country in which the Biopod Product purchase took place. Biopod or its successor in title is the warrantor
under this Warranty.
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