Tivic Health ClearUP User Manual page 14

Limited Warranty Coverage
EXCLUSIVE REMEDY
If any Device fails to meet the foregoing warranty
within the applicable warranty period, Tivic Health
shall have the option, as selected at Tivic Health's
sole discretion, to repair, replace, or provide a credit
to the original end user. In the event of replacement,
Tivic Health shall have the right at its sole discretion
to replace the Device with a new, or refurbished,
Device. In no event, shall the limited warranty period
of a replacement Device extend past the limited
warranty period of the Device it is replacing.
WARRANTY SERVICE
In order to obtain warranty service, contact
Tivic Health customer service for instructions.
In the event an item must be returned, a Return
Material Authorization (RMA) number is required.
Items returned without an RMA number will not be
accepted. The item shall be shipped at the original
end user's expense to a destination specified by
Tivic Health.
OBLIGATIONS AND WARRANTY LIMITS
EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, TIVIC
HEALTH MAKES NO OTHER WARRANTIES AND DISCLAIMS ALL
OTHER REPRESENTATIONS, GUARANTIES, CONDITIONS, AND
WARRANTIES CONCERNING THE DEVICE, WHETHER DIRECT
OR INDIRECT, EXPRESS OR IMPLIED, OR ARISING UNDER ANY
STATUTE, ORDINANCE, COMMERCIAL USAGE OR OTHERWISE,
INCLUDING WITHOUT LIMITATION ANY WARRANTY OR
REPRESENTATION AS TO FITNESS FOR PURPOSE, DURABILITY,
DESIGN, MERCHANTABILITY, OR CONDITION OF THE DEVICE (OR
ANY PART THEREOF), OR RELATING TO THE INFRINGEMENT OF
ANY PATENT, COPYRIGHT, OR OTHER PROPRIETARY RIGHT USED
OR INCLUDED THEREIN.
ALTHOUGH THE DEVICE IS APPROVED FOR SALE BY THE FDA
FOR THE TEMPORARY RELIEF OF SINUS PAIN ASSOCIATED WITH
ALLERGIC RHINITIS, THE RESPONSE AND EFFICACY WILL VARY
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BASED ON THE USER'S PHYSIOLOGY AND OTHER VARIABLE
FACTORS AND TIVIC HEALTH MAKES NO WARRANTY THAT
ANY SPECIFIC RESULTS WILL BE ACHIEVED THROUGH THE
USE OF THE DEVICE OR THAT ANY RELIEF FROM SINUS PAIN
WILL BE ACHIEVED AND ALL SUCH WARRANTIES ARE HEREBY
EXPRESSLY DISCLAIMED. IF ANY IMPLIED WARRANTIES APPLY
AS A MATTER OF LAW, THEY ARE LIMITED IN DURATION TO THE
LENGTH OF THIS LIMITED WARRANTY. SOME STATES MAY NOT
RECOGNIZE A DISCLAIMER OR LIMITATION OF WARRANTIES
AND/ OR LIMITATION OF LIABILITY SO THE ABOVE DISCLAIMER
AND EXCLUSIONS MAY NOT APPLY. THE ORIGINAL END USER
MAY ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND
REMEDIES THAT VARY FROM STATE TO STATE.
THE ORIGINAL END USER ACKNOWLEDGES AND AGREES
THAT TIVIC HEALTH SHALL NOT BE RESPONSIBLE FOR ANY
DAMAGES THAT THE ORIGINAL END USER MAY INCUR FROM
DELAYED SHIPMENT, DEVICE FAILURES, OR FROM ANY OTHER
CAUSE, WHETHER LIABILITY IS ASSERTED IN CONTRACT, TORT
(INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY)
OR OTHERWISE. IN NO EVENT SHALL TIVIC HEALTH BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL
DAMAGES OF ANY KIND (INCLUDING WITHOUT LIMITATION
LOSS OF PROFITS OR LOSS OF USE), WHETHER OR NOT TIVIC
HEALTH SHALL BE OR SHOULD BE AWARE OF THE POSSIBILITY
OF SUCH POTENTIAL LOSS OR DAMAGE.
REPRESENTATIONS AND WARRANTIES MADE BY ANY
PERSON, INCLUDING BUT NOT LIMITED TO DISTRIBUTORS,
REPRESENTATIVES, SALESPERSONS, OR AGENTS OF TIVIC
HEALTH, WHICH ARE INCONSISTENT OR IN CONFLICT WITH
OR IN ADDITION TO THE TERMS OF THIS LIMITED WARRANTY,
SHALL NOT BE BINDING UPON TIVIC HEALTH UNDER ANY
CIRCUMSTANCE.
THIS LIMITED WARRANTY IS THE COMPLETE AND EXCLUSIVE
STATEMENT OF WARRANTY WHICH TIVIC HEALTH AGREES
TO PROVIDE WITH RESPECT TO THE DEVICE AND IT SHALL
SUPERSEDE ALL PRIOR AND CONTEMPORANEOUS ORAL OR
WRITTEN AGREEMENTS, UNDERSTANDINGS, PROPOSALS, AND
COMMUNICATIONS PERTAINING TO THE SUBJECT MATTER
HEREOF.
For questions:
tivichealth.com
Call toll free: 1-888-276-6888
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