-- For orders after July 20, 2020 --
Eko Devices, Inc.(“Eko”) expressly warrants that the Eko Core Attachment, Eko Core Stethoscope and Eko Duo (the “Product”) will materially conform to its published specifications and be reasonably free from defects in materials and workmanship for a period of TWO (2) YEARS for the Eko Core Attachment and Eko Core Stethoscope and ONE (1) YEAR for the Eko Duo commencing on the date of delivery of the Product to you (the “Warranty Period”). This Limited Warranty only applies to products which are purchased from Eko and other authorized retailers, resellers, and distributors and used, stored, and handled in the manner recommended by Eko. We may change the availability of this limited warranty at our discretion, but any changes will not be retroactive.
NOTE: THIS WARRANTY ONLY APPLIES TO INDIVIDUALS WHO PURCHASED THE PRODUCT DIRECTLY FROM EKO OR AUTHORIZED RETAILERS, RESELLERS, AND DISTRIBUTORS AND PROOF OF PURCHASE MAY BE REQUESTED.
Eko will, at its option, repair or replace Product without charge if the Product fails or does not perform as warranted solely due to a manufacturing defect within the warranty period, subject to the exclusions set forth in this Limited Warranty. Repair or replacement during this warranty shall include reasonable labor charges necessary to repair or replace the defective product. During the entire warranty period, Eko’s obligation as to repair or replacement shall further be limited to repair or replacement with the models of the Product that are available at the time of the repair or replacement, and shall be limited to the repair or replacement of only the specific Product that fails due to a manufacturing defect. Any repaired or replaced product shall also remain subject to the original warranty period from the date of the original receipt of your Product, and any repair or replacement shall not extend the original warranty period in any manner or start a new warranty period.
Eko reserves the right to replace any discontinued Product with a new product of comparable value and function.
HOW TO OBTAIN WARRANTY SERVICE
To obtain warranty service please contact email@example.com. In your email, please include your name and address, order number, where you purchased the Product (e.g. directly from Eko, or the name of the authorized reseller), a description of the Product, and the nature of the defect.
The following policy applies only if Eko determines that a Product is covered by this Limited Warranty. If Eko determines that any Product is not covered by this Limited Warranty, you must pay in full for any advance replacement Product and/or all parts, shipping, and labor charges for the repair or return of such Product. Eko is not responsible for items damaged or lost in transit.
A replacement Product provided under this Limited Warranty will only be dispatched to addresses within the United States and other countries where Eko has received clearance.
The process for product replacement varies based on whether you purchased the product directly from Eko or via a third party, and whether you are located in the United States.
LIMITATION AND DISCLAIMER OF WARRANTIES
Eko does not warrant that the operation of the Product will be uninterrupted or error-free. Additionally, this Limited Warranty does not cover defects caused by:
- Accident, misuse, modification, abnormal use, abnormal conditions, unauthorized repair, improper storage, exposure to liquid, moisture, dampness, sand or dirt, neglect, or unusual physical, electrical or electromechanical stress;
- Scratches, dents and cosmetic damage, unless caused by Eko;
- Equipment that has the serial number or the enhancement data code removed, defaced, damaged, altered or made illegible;
- Ordinary wear and tear;
- External causes such as collision with an object, fire, flooding, dirt, windstorm, lightning, earthquake, exposure to weather conditions, theft, blown fuse, or improper use of any electrical source;
- Cellular signal reception or transmission, or viruses or other software problems introduced into the Product.
THIS LIMITED WARRANTY SETS OUT THE FULL EXTENT OF EKO‘S RESPONSIBILITIES AND YOUR EXCLUSIVE REMEDY REGARDING THE PRODUCTS. THE WARRANTIES SET FORTH HEREIN ARE THE ONLY WARRANTIES MADE BY EKO IN CONNECTION WITH THESE PRODUCTS. ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY
EKO MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE OR SUITABILITY OF ANY THIRD-PARTY SOFTWARE OR EQUIPMENT USED IN CONJUNCTION WITH THE PRODUCT, OR THE ABILITY TO INTEGRATE ANY SUCH SOFTWARE OR EQUIPMENT WITH THE PRODUCT, WHETHER SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT IS INCLUDED WITH THE PRODUCT DISTRIBUTED BY EKO DEVICES OR OTHERWISE. RESPONSIBILITY FOR THE QUALITY, CAPABILITIES, OPERATIONS, PERFORMANCE AND SUITABILITY OF ANY SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT RESTS SOLELY WITH THE USER AND THE DIRECT VENDOR, OWNER OR SUPPLIER OF SUCH THIRD-PARTY SOFTWARE OR EQUIPMENT.
LIMITATION OF REMEDIES
IN NO EVENT SHALL EKO BE LIABLE FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCT OR FOR, WITHOUT LIMITATION, COMMERCIAL LOSS OF ANY SORT; LOSS OF USE, TIME, DATA, REPUTATION, OPPORTUNITY, GOODWILL, PROFITS OR SAVINGS; INCONVENIENCE; INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE PRODUCT. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE DISCLAIMER OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU.
Other Important Notices
This warranty gives you specific legal rights, and you may also have other rights that vary from State to State or based on applicable local laws. The rights provided to you under this Limited Warranty are provided in addition to all rights and remedies conveyed to you by consumer protection laws and do not affect your legal (statutory) rights under your applicable national law.
This Limited Warranty is offered subject to Eko’s Terms and Conditions, which may change from time to time. You can find the latest version on our website at: https://www.ekohealth.com/terms-of-service. In the case of any inconsistencies between the Terms and Conditions 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, Eko 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 completely follow safety, use, operation, and maintenance instructions for the Product or any other Eko product as specified in the User Manual.
Resellers, agents, or employees of Eko are not authorized to make any modification, extension, or addition to this Limited Warranty.
-- For orders prior to July 20, 2020 --
Manufacturer's Limited Warranty Eko Devices warrants 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 of ONE YEAR commencing on the date of delivery (the “Warranty Period”).
If the Product proves defective during the Warranty Period, we would ask you to follow the instructions set out below for returning the Product, and Eko Devices 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. Eko Devices reserves the right to replace any discontinued Product with a new product of comparable value and function.
How to Obtain Warranty Service, please contact firstname.lastname@example.org.
To obtain warranty service on a Product purchased directly from Eko Devices, Contact Eko Devices Customer Support.
If Eko Devices determines that a Product is eligible for warranty service, Eko Devices shall bear the costs associated with returning a Product for warranty service. Eko Devices is not responsible for items damaged or lost in transit.
A replacement Product provided under this Limited Warranty will only be dispatched to addresses within the United States, European Union and addresses within countries of the European Free Trade Association where the Product is available for sale to customers in such countries.
What is Not Covered? 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 Eko Devices’s 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 Eko Devices’s instructions or warnings included with the Product or (d) the Product is subjected to any other misuse, abuse, neglect, accident, or external forces.
This Limited Warranty does not cover normal wear and tear.
Eko Devices does not warrant that the operation of the Product will be uninterrupted or error-free. To the greatest extent permitted by applicable law, the warranties set forth in this Limited Warranty are exclusive and in lieu of all other warranties, express or implied.
Limitation of Remedies Resellers, agents, or employees of Eko Devices are not authorized to make any modification, extension, or addition to this Limited Warranty.
This Limited Warranty replaces all other Eko Devices 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 extent permitted by applicable law, Eko Devices does 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 extent permitted by applicable law, Eko Devices’s liability shall be limited to the purchase value of the Product.
For more information please visit the Eko Warranty page.