MOCACARE warrants the MOCAheart (the “Product”) and only the Product, against defects in materials and workmanship under normal use for one year from the date of purchase (the “Warranty Period”) by the original purchaser.
Consumer’s sole and exclusive remedy, and MOCACARE’s sole and exclusive responsibility under this warranty, if a hardware defect arises and a valid claim is received by MOCACARE within the Warranty Period, MOCACARE will either (1) repair or replace defective parts with new or refurbished parts (2) exchange the Product with a new or refurbished Product, at no cost. A replacement Product will be warranted for the remainder of the original warranty period or 90 days from the date of replacement or repair, whichever is longer.
All original parts (parts installed by MOCACARE at the original system build) replaced by MOCACARE or its authorized service center, become the property of MOCACARE. Any after-market additions or modifications will not be warranted.
Procedures for Obtaining Warranty Service
To obtain the warranty service, the customer must contact MOCACARE to obtain a RMA (Returning Merchandise Authorization) number and return the defective Product together with proof of purchase, in either its original packaging or packaging providing an equal degree of protection, to the address specified by MOCACARE. RMA and services are rendered by MOCACARE only. Any Product returned to MOCACARE without an RMA or without proof of purchase will be return to customer at customer’s cost. For specific instructions on how to obtain warranty service on the Product, visit the MOCACARE website (www.mocacare.com). MOCACARE will pay for shipping to and from your location if all instructions are followed.
Conditions and Exclusions
The Limited Warranty applies only to the Products manufactured by MOCACARE. This warranty covers only normal use of the Product and does not apply to any (1) MOCACARE Products and services other than the Product, such as accessories; (2) consumables (such as batteries), (3) to damage caused by accident or disasters such as fire, flood, lightning or other external causes; or (4) to damage caused by service or alteration by anyone other than an authorized MOCACARE representative. (5) to damage caused by operating the Product outside the permitted or intended uses not in compliance with the documentation by MOCACARE or with improper power supply. Recovery and reinstallation of software programs and user data are not covered under this limited warranty.
No MOCACARE reseller, agent, or employee is authorized to make any modification, extension, or addition to this limited warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms shall not be affected or impaired.
LIMITATION OF LIABILITY
EXCEPT AS SPECIFIED IN THIS LIMITED WARRANTY AND TO THE EXTENT PROHIBITED BY APPLICABLE LAW, MOCACARE MAKES NO OTHER WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE. ALL IMPLIED WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY.
MOCACARE IS NO LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE, INCLUDING BUT NOT LIMITED TO LOSS OF BUSINESS, PROFITS, REVENUE OR DATA RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES CONSUMER SPECIFIC LEGAL RIGHTS, AND CONSUMER MAY ALSO HAVE OTHER RIGHTS THAT VARY BY JURISDICTIONS TO JURISDICTIONS.