Limited Product Warranty
Kenek Health Inc. ("Kenek Health") warrants to the original purchaser that your Kenek Health pulse oximeter sensor the ("Product") that are new shall be free from defects in materials and workmanship under normal use for a period of one (1) year from the date of purchase (the "Warranty Period").
Kenek Health does not warrant that the operation of the Product will be uninterrupted or error-free. Kenek Health is not responsible for damage arising from failure to follow instructions relating to the Product's use. Kenek Health does not provide any warranty for the mobile app or device that runs the app, nor for any services provided by Kenek Health to owners of the Product. Refer to the license agreement accompanying the mobile app software for details of your rights with respect to their use.
If a hardware defect arises and a valid claim is received by Kenek Health within the Warranty Period, Kenek Health will, at its option and to the extent permitted by law, either (1) repair the Product at no charge, using new or refurbished replacement parts, or (2) replace the Product with a new or refurbished Product. Shipping and handling charges may apply except where prohibited by applicable law. This Limited Warranty is valid only in the jurisdictions where the Products are sold by Kenek Health itself or through its authorized reseller or agent, and is valid to the extent permitted by the applicable laws of such jurisdictions. If we replace the product, the replaced product will continue to be warranted for the remaining time of the original warranty period or thirty (30) days, whichever is longer. All returned parts for which you have received a refund or replacement will become the property of Kenek Health.
How to Obtain Warranty Service
You must present the following information to make a warranty claim: (i) model of your product; (ii) your full address and contact information; and (iii) your purchase receipt or other proof of the date purchased. The purchase must have come from a seller authorized by Kenek Health. To request return authorization, please submit a support request.
Exclusions and Limitations
This Limited Warranty applies only to the Product manufactured by or for Kenek Health. The Limited Warranty does not apply to any (a) Kenek Health products and services other than the Product, (b) non-Kenek Health hardware product, (c) Kenek Health Product or products and services purchased from unauthorized sellers, or (d) software, even if packaged or sold with the Product.
This warranty does not apply to a Product or part of the Product that has been altered or modified (e.g., to alter functionality or capability) by anyone who is not a representative of Kenek Health. In addition, this Limited Warranty does not apply: (a) to damage caused by use with non-Kenek Health products; (b) to damage caused by accident, abuse, misuse, tampering, flood, fire, earthquake or other external causes; (c) to damage caused by operating the Product outside the permitted or intended uses described by Kenek Health; to damage caused by liquid submersion; or (e) to damage caused by service performed by anyone who is not a representative of Kenek Health.
No employee or representative of Kenek Health or any third party is authorized to modify, extend, or add to this Limited Warranty. If any term of this Limited Warranty is held to be illegal or unenforceable, the remaining terms of this Limited Warranty will remain in full force and effect.
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, ALL IMPLIED WARRANTIES (INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE) SHALL BE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY.
Limitation of Damages
EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, Kenek Health SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE OR DATA, RESULTING FROM ANY BREACH OF EXPRESS OR IMPLIED WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, EVEN IF Kenek Health HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the exclusion or limitation of special, indirect, incidental or consequential damages, so the above limitation or exclusion may not apply to you.
These Limited Product Warranties shall be governed by the laws of the Province of British Columbia, Canada, excluding its conflicts of law rules.