Warranty and Returns

Cardiac Designs Inc. // Limited Warranty and Returns Policy

Effective: December 18, 2018 (Rev1)

This Limited Warranty and Returns Policy (“Limited Warranty”) applies to ECG Check Universal products (the “Product”) and is given by Cardiac Designs Inc. ("we", "us", or "our") to the individual or entity (the “Owner”) who uses the Product which has been purchased from Cardiac Designs or an authorized dealer or distributor of Cardiac Designs. This Limited Warranty applies only within countries where the ECG Check app is available for customers to download and for customers located in such countries, and is not transferable.

30-Day Return Policy

If you purchased the Product directly from us, then you may return the Product within 30 days of the shipment date. In order for a refund under this Returns Policy to be granted, you must during the 30-day period following the date the product was shipped by Cardiac Designs or you received the product from a third party request a return authorization code number and address by submitting a request at  returns@cardiacdesigns.com. The Product must be received by us within 2 calendar weeks from the date on which the authorization code was issued in order for you to receive a refund.

When the Product is returned to us in accordance with this Returns Policy, we will credit the account you used to make the original purchase with the full purchase price you paid for the Product and any applicable taxes minus any shipping and handling charges you paid when you purchased the Product. You are responsible for and must prepay all return shipping charges and you assume all risk of loss or damage to the Product while in transit back to us.

The time to credit your account may vary, depending on processing time. Please allow up to seven business days for us to credit the account used to make the original purchase. If you received a damaged Product directly from us, please contact support@cardiacdesigns.com

Purchases through an Authorized Dealer: If you purchased the Product from an authorized retailer or distributor, please contact that retailer or distributor and you must follow the return policy of that authorized retailer or distributor.

Manufacturer's Limited Warranty

We warrant to the Owner that the Product will materially conform to its published specifications and be free from defects in materials and workmanship under normal use for a period that complies with applicable consumer regulations associated in the country of purchase and commencing on the date of delivery (the “Warranty Period”).

If the Product proves defective during the Warranty Period, you must follow the instructions set out below for returning the Product, and we will replace the Product with a product that is the same or equivalent to the Product you purchased.

A replacement Product assumes the remaining warranty of the original Product, or 30 days from the date of replacement, whichever is longer. We reserve the right to replace any discontinued Product with a new product of comparable value and function.

How to Obtain Service During the One-year Term of the Warranty

To obtain warranty service on a Product purchased directly from us contact warranty@cardiacdesigns.com. If we determine that a Product is eligible for warranty replacement, we will bear the costs of returning a Product under warranty. We are not responsible for items damaged or lost in transit. Replaced Products are the property of Cardiac Designs.

Purchases through an Authorized Dealer: To obtain warranty service on Product purchased from a Cardiac Designs authorized distributor, please contact that authorized distributor.

We cover the product for the Warranty Period as long as proof of purchase can be provided.

What is Not Covered?

This Limited Warranty does not cover normal wear and tear.

This Limited Warranty will be void if the Product: (a) is used in any manner that is inconsistent with the intended purpose or design of the Product as described in our published documentation for the Product, (b) is altered in any way, (c) the Product is used or maintained in any manner that is inconsistent with our instructions or warnings included with the Product or (d) the Product is subjected to any other misuse, abuse, neglect, accident, or external forces.

We do not warrant that the operation of the Product will be uninterrupted or error-free.

WARRANTY DISCLAIMER: This Limited Warranty replaces all other Cardiac Designs warranties and liabilities whether oral, written, (non-mandatory) statutory, contractual, in tort or otherwise, including without limitation, and where permitted by applicable law, any implied conditions, warranties or other terms as to satisfactory quality or fitness for purpose.

To the greatest extent permitted by applicable law, the warranties set forth in this limited warranty are exclusive and no other warranty, whether written or oral, expressed or implied, applies with respect to THE PRODUCT AND ANY SERVICES PROVIDED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF DESIGN, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF ALIVECOR HAS BEEN INFORMED OF SUCH PURPOSE) OR AGAINST INFRINGEMENT.

IF ANY IMPLIED WARRANTY CANNOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN SUCH IMPLIED WARRANTY SHALL BE LIMITED IN DURATION TO THE WARRANTY PERIOD SET FORTH ABOVE.

Limitation of Remedies

THE REMEDIES IN THIS LIMITED WARRANTY ARE YOUR SOLE AND EXCLUSIVE REMEDIES.

Resellers, agents, or employees of Cardiac Designs are not authorized to make any modification, extension, or addition to this Limited Warranty.

To the greatest extent permitted by applicable law, we do not assume any liability for loss of or damage to or corruption of data, for any loss of profit, loss of use of Products or functionality, loss of business, loss of contracts, loss of revenues or loss of anticipated savings, increased costs or expenses or for any indirect loss or damage, consequential loss or damage or special loss or damage.

To the greatest extent permitted by applicable law, our liability shall be limited to the purchase value of the Product.

THE LIMITATIONS SET FORTH IN THIS LIMITED WARRANTY ARE INTENDED TO LIMIT THE LIABILITY OF ALIVECOR AND SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Other Important Notices

The rights provided to you under this Limited Warranty are provided in addition to all rights and remedies conveyed to you by applicable consumer protection laws and do not affect your legal (statutory) rights under your applicable national law.

The jurisdiction applicable to you may not allow the limitations of liability or damages set forth in this Limited Warranty, in which case such limitations shall only apply to you to the extent permitted in such jurisdiction.

This Limited Warranty is offered subject to our Terms of Service, which may change from time to time. You can find the latest version on our website. In the case of any inconsistencies between the Terms of Service and this Limited Warranty, this Limited Warranty will prevail.

This Limited Warranty does not apply to any mobile device or the cellular and/or other network or system on which the Product operates. Therefore, we will not accept any responsibility under this Limited Warranty for the operation, availability, coverage, services or range of the cellular or other network or system.

Always follow safety, use, operation, and maintenance instructions for the Product.

Content and data may be lost during replacement of the Product, so please remember to make back-up copies or keep written records of all important content and data stored in your Product. We shall not under any circumstance be liable either expressly or implicitly, for any damages or losses of any kind whatsoever resulting from loss of, damage to, or corruption of, content or data during repair or replacement of the Product.

This Limited Warranty is governed by and will be construed in accordance with the laws of the State of California, U.S.A., exclusive of its conflict of laws principles. The United Nations’ Convention on Contracts for the International Sale of Goods shall not apply.