OxyGo OxyHome 5L Stationary Concentrator

OXYHOME LIMITED WARRANTY STATEMENT 

1. General: This Limited Warranty Statement (“Warranty”) is exclusively for commercial purchases and should be read in conjunction with OxyGo Terms & Conditions of Sale (“T&Cs”), which is specifically incorporated herein, along with any applicable Equipment user and/or technical service manuals, and shall not be deemed to be a variation of or a novation of the T&Cs. Unless otherwise defined herein, all capitalized terms in this Warranty shall have the same meaning as set forth in the T&Cs. 

2. Equipment and Services: OxyGo HQ Florida LLC (“OxyHome”) warrants to the original Purchaser that all newly manufactured equipment shall be free from defects in materials and workmanship for a period of 3 (three) years. OxyHome warrants to the original Purchaser that all repairs shall be free from defects in workmanship for a period of ninety (90) days after the date of completion. The original Purchaser shall refer only to the party issuing the purchase order to OxyHome for Equipment or Services, regardless of whether or not the Purchaser is the end user of the Equipment or Services. 

3. Limited Warranty Provisions: All warranties stated herein are subject to this limited warranty provision. Purchaser agrees that before this Warranty shall become effective; Purchaser shall fully inspect the Equipment within three (3) days of delivery and before such Equipment is put into use. Purchaser also agrees to operate the Equipment in accordance with OxyHome’s operating and service instructions and that failure to do so shall void this Warranty. Purchaser further agrees that any claim for breach of warranty must be made in writing within thirty (30) days of discovery of a purported defect, and in no event later than thirty (30) days after the end of the warranty period. OxyHome will not be responsible for any alleged breach of warranty arising from a cause not covered by this Warranty. Purchaser agrees to pay to OxyHome a reasonable service fee for Equipment that is returned for repair and no purported defect is found as a result of OxyHome’s inspection, for diagnostics, assembly/disassembly, calibration and testing as required by OxyHome, local, federal or other governing bodies, to repair the Equipment and return it in a patient ready condition. 

4. Warranty Exclusions: This Warranty excludes the following conditions: 

a. Normal Wear and Tear. Defects caused by the effects of normal wear and tear, including, cosmetic defects such as discoloration or scratches, periodic maintenance, repair, and replacement of parts due to normal operation are excluded from coverage. 

b. Abuse and Misuse. Defects or damages resulting, in OxyHome’s absolute judgment, from service, testing, adjustment, installation, alteration, maintenance, or modification are excluded from coverage including, but not limited to: (1) improper operation, maintenance, installation, storage, abuse, accident or neglect, such as physical damage to the surface of the Equipment resulting from misuse by Purchaser or any third-party including but not limited to damage from cigar/cigarette smoke, bug infestation or rodent damage); (2) damage caused by an ingress of liquids, water, rain, extreme humidity, sand, dirt or the like, vandalism, riots, animals, food, environmental pollution such as soot, salt damage, rain, earthquake, fire, flood, extreme weather conditions such as high wind or frozen water buildup, or other acts of God or other unforeseen conditions that are beyond OxyHome’s control; (3) other acts which are not the fault of OxyHome; (4) use of the Equipment for other than its intended  purposes or subjecting the Equipment to abnormal usage or conditions; and/or (5) lack of user and/or provider required preventative maintenance and/or calibration. 

c. Use of Non-OxyHome Endorsed Equipment. Defects or damages that result from the use of non-OxyHome branded or certified Equipment, software, or other peripheral equipment are excluded from coverage. 

d. Altered or Modified Equipment. Alterations or modifications of any kind, made by persons other than OxyHome or persons not authorized in writing by OxyHome, are excluded from coverage, including but not limited to alterations related to Equipment with: (1) serial numbers or lot (date) code that have been removed, altered or illegible; (2) mismatched board serial numbers or revision combinations; (3) broken seals or evidence that shows tampering; and/or (4) non-conforming or non-OxyHome parts or components. 

e. Unauthorized Service Providers. Repair, service, testing, adjustment, installation, alteration, maintenance, modification, replacement, or any other act performed in any way by an unauthorized service provider or other persons not authorized in writing by OxyHome are excluded from coverage. 

f. Non-Approved Equipment or Parts. Use of external equipment or parts with the Equipment other than those authorized in writing by OxyHome are excluded from coverage. 

g. Purported Defects. Warranty claims for Equipment that is returned for repair, but no purported defect is found or the Equipment meets performance specifications as a result of OxyHome’s inspection, are excluded from coverage (Purchaser will be responsible for (i) all freight charges and (ii) all applicable fees charged by OxyHome, if no purported defect is found). 

h. Preventative Maintenance: The cost of performing all preventative maintenance required in any manual, video, warning and/or other Equipment literature (including all associated freight charges). 

5. Equipment Return: If Purchaser believes the Equipment does not comply with this Warranty, Purchaser shall contact OxyHome Customer Service for instructions and shall follow all such instructions. For optional accessories which may require repair, a copy of Purchaser’s dated sales receipt will be required to be presented to OxyHome prior to repair or replacement of those items. If directed by OxyHome, Purchaser shall return the Equipment to OxyHome at the Purchaser’s expense, properly packaged in an OxyHome approved shipping container and properly identified by a Return Materials Authorization (“RMA”) number issued by OxyHome. Equipment returned without a RMA number may be refused and returned at Purchaser’s expense. At its sole discretion, OxyHome may use functionally equivalent refurbished, reconditioned, or pre-owned parts, accessories, and/or components, to repair all warranted Equipment. In addition, we may require that you return the defective Equipment to us as a condition to receiving your replacement Equipment or refund. Failure to return the defective equipment could result in OxyHome charging you the list price of the replacement Equipment. Any Equipment returned to OxyHome will become OxyHome’s property. During the Warranty Period and if Purchaser notifies us promptly of any defect, returns the Equipment as requested by us and as long as no Exclusions apply, we will, at our sole option: (1) repair or replace any defective parts within a reasonable period of time and free of charge; or (2) provide refund of the purchase price of the Equipment. If Equipment is out of the Warranty Period or if OxyHome determines that the Limited Warranty does not apply, OxyHome reserves the right to charge for freight charges and service fees as a condition to returning the Equipment to the Purchaser. 

6. Exclusive Remedies, Limitations of Liability and DISCLAIMERS: Purchaser’s exclusive remedy, and OxyHome’s sole liability, for any breach of this Warranty are limited to, repair or replacement of the defective Equipment or refund of the purchase price of the Equipment, at the sole discretion of OxyHome. OxyHome SHALL NOT BE LIABLE FOR, AND PURCHASER SHALL INDEMNIFY, DEFEND AND HOLD HARMLESS FROM ANY CLAIMS ARISING OUT OF THE USE, SALE, OR LEASE OF THE EQUIPMENT, OXYHOME’S COMPLIANCE WITH PURCHASER’S DESIGNS, SPECIFICATIONS OR INSTRUCTIONS, OR MODIFICATION OF ANY EQUIPMENT BY PARTIES OTHER THAN OXYHOME, PURCHASER’S FAILURE TO COMPLY WITH THE T&CS OR THIS WARRANTY, OR USE OF THE EQUIPMENT IN COMBINATION WITH OTHER EQUIPMENT. PURCHASER’S RECOVERY FROM OXYHOME FOR ANY CLAIM, WHETHER BASED IN CONTRACT, TORT, WARRANTY, STATUTE OR OTHERWISE, SHALL NOT EXCEED PURCHASER’S PURCHASE PRICE FOR THE EQUIPMENT GIVING RISE TO SUCH CLAIM, AND PURCHASER SHALL NOT IN ANY EVENT BE ENTITLED TO, AND PURCHASER SHALL INDEMNIFY, DEFEND AND HOLD OXYHOME HARMLESS FROM, ANY CLAIMS FOR, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY NATURE INCLUDING, WITHOUT LIMITATION, BUSINESS INTERRUPTION COSTS, REMOVAL AND/OR REINSTALLATION COSTS, REPROCUREMENT OR SUBSTITUTE EQUIPMENT COSTS, LOSS OF PROFIT OR REVENUE, LOSS OF DATA, LOSS OF USE, PROMOTIONAL OR MANUFACTURING EXPENSES, OVERHEAD, INJURY TO REPUTATION OR LOSS OF CUSTOMERS, OR FOR ANY PENALITIES, EVEN IF OXYHOME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH MEDICAL PRODUCTS DAMAGES. THE FOREGOING SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CLAIM, WHETHER BASED ON CONTRACT, WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. THE REMEDIES AND WARRANTIES STATED IN THIS WARRANTY ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES AND WARRANTIES GRANTED UNDER APPLICABLE LAW, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE AND DESIGNS, WRITTEN, ORAL OR IMPLIED, AND ALL OTHER WARRANTIES, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ARE HEREBY EXPRESSLY DISCLAIMED BY OXYHOME. NO REPRESENTATION OR STATEMENT OF OXYHOME MAY MODIFY THIS WARRANTY. 

7. Governing Law: Any claims for breach of this Warranty shall be governed by Florida law, without regard to its conflict of laws principles, to which Purchaser does hereby consent to the jurisdiction of the same, and without regard to conflict of law rules thereof, and must be brought in a state or federal court in Orange County, Florida within one (1) year of the date of the occurrence of the event giving rise to any such claim. The UN Convention on Contracts for the International Sale of Goods shall not apply. 

8. Severability: This Warranty gives the Purchaser specific legal rights. If any part of this Warranty is found to be invalid or unenforceable for any reason, then such part shall be deemed revised and applied to the maximum extent allowed by applicable law, and such invalidity or unenforceability shall not affect the remainder of such provision or any other provision of this Warranty, which shall remain in full force and effect. 

9. Validity: This Warranty will become null and void if the Equipment is transferred from the original Purchaser to any third-party. 

10. Extended Warranty: At the time of purchase, Purchaser may choose to buy an extended warranty for the Equipment. The extended warranty shall cause the provisions of this Warranty to extend to a term of five (5) years from the date of purchase of Equipment. However, Purchaser shall be responsible for all freight costs in years four (4) and five (5).