The warranty obligations of Tens Units Inc. (“Tens Units”) for the product line "Omega" Brand Tens Devices are limited to the terms set forth below:
What is Covered
This limited warranty covers defects in materials and workmanship in this product. What is Not Covered This limited warranty does not cover any damage, deterioration or malfunction resulting from any alteration, modification, improper or unreasonable use or maintenance, misuse, abuse, accident, neglect, exposure to excess moisture, fire, improper packing and shipping (such claims must be presented to the carrier), lightning, power surges, or other acts of nature. This limited warranty does not cover any damage, deterioration or malfunction resulting from the installation or removal of this product from any installation, any unauthorized tampering with this product, any repairs attempted by anyone unauthorized by Tens Units to make such repairs, or any other cause which does not relate directly to a defect in materials and/or workmanship of this product. This limited warranty does not cover accessories used in conjunction with this product.
What Tens Units Will Do
Tens Units will, at its sole option, provide one of the following three remedies to whatever extent it shall deem necessary to satisfy a proper claim under this limited warranty:
- Elect to repair or facilitate the repair of any defective parts within a reasonable period of time, free of any charge for the necessary parts and labor to complete the repair and restore this product to its proper operating condition. Tens Units will also pay the shipping costs necessary to return this product once the repair is complete.
- Replace this product with a direct replacement or with a similar product deemed by Tens Units to perform substantially the same function as the original product. If a direct or similar replacement product is supplied, the original product’s end warranty date remains unchanged and is transferred to the replacement product.
- Issue a refund of the original purchase price less depreciation to be determined based on the age of the product at the time remedy is sought under this limited warranty.
How Long this Coverage Lasts
The standard limited warranty for Tens Units products is two (2) years from the date of original purchase.
Who is Covered
Only the original purchaser of this product is covered under this limited warranty. This limited warranty is not transferable to subsequent purchasers or owners of this product.
What Tens Units Will Not Do Under This Limited Warranty
If this product is returned to Tens Units or the authorized dealer from which it was purchased or any other party authorized to repair Tens Units products, this product must be insured during shipment, with the insurance and shipping charges prepaid by you. If this product is returned uninsured, you assume all risks of loss or damage during shipment. Tens Units will not be responsible for any costs related to the removal or re-installation of this product from or into any installation. Tens Units will not be responsible for any costs related to any setting up this product, any adjustment of user controls or any programming required for a specific installation of this product.
How to Obtain a Remedy Under This Limited Warranty
To obtain a remedy under this limited warranty, you must contact either the authorized Tens Units of authorized Tens Units resellers and/or Tens Units authorized service providers, visit our web site at www.TensUnits.com or contact Tens Units. In order to pursue any remedy under this limited warranty, you must possess an original, dated receipt as proof of purchase from an authorized Tens Units reseller. If this product is returned under this limited warranty, a return authorization number, obtained from Tens Units, will be required (RMA number). You may also be directed to an authorized reseller or a person authorized by Tens Units to repair the product. reseller from whom you purchased this product or the Tens Units office nearest you. For a list If it is decided that this product should be returned directly to Tens Units, this product should be properly packed, preferably in the original carton, for shipping. Cartons not bearing a return authorization number will be refused. Limitation of Liability
THE MAXIMUM LIABILITY OF TENS UNITS UNDER THIS LIMITED WARRANTY
SHALL NOT EXCEED THE ACTUAL PURCHASE PRICE PAID FOR THE PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TENS UNITS IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY. Some countries, districts or states do not allow the exclusion or limitation of relief, special, incidental, consequential or indirect damages, or the limitation of liability to specified amounts, so the above limitations or exclusions may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THIS LIMITED WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TENS UNITS SPECIFICALLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF TENS UNITS CANNOT LAWFULLY DISCLAIM OR EXCLUDE IMPLIED WARRANTIES UNDER APPLICABLE LAW, THEN ALL IMPLIED WARRANTIES COVERING THIS PRODUCT, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY TO THIS PRODUCT AS PROVIDED UNDER APPLICABLE LAW.
IF ANY PRODUCT TO WHICH THIS LIMITED WARRANTY APPLIES IS A “CONSUMER PRODUCT” UNDER THE MAGNUSON-MOSS WARRANTY ACT (15 U.S.C.A. §2301, ET SEQ.) OR OTHER APPLICABLE LAW, THE FOREGOING DISCLAIMER OF IMPLIED WARRANTIES SHALL NOT APPLY TO YOU, AND ALL IMPLIED WARRANTIES ON THIS PRODUCT, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR THE PARTICULAR PURPOSE, SHALL APPLY AS PROVIDED UNDER APPLICABLE LAW.
This limited warranty gives you specific legal rights, and you may have other rights which vary from country to country or state to state.
This limited warranty is void if (i) the label bearing the serial number of this product has been removed or defaced, (ii) the product is not distributed by Tens Units or (iii) this product is not purchased from an authorized Tens Units reseller. If you are unsure whether a reseller is an authorized Tens Units reseller, visit our web site at www.TensUnits.com or contact a Tens Units office from the list at the end of this document.
Your rights under this limited warranty are not diminished if you do not complete and return the product registration form or complete and submit the online product registration form. Tens Units thanks you for purchasing a Tens Units product. We hope it will give you years of satisfaction.