WARRANTY AND SERVICE POLICY
A) Microvascular Health Solutions LLC (“MVHS”) offers to its customers an exclusive 5-Year Limited Warranty and Service Policy (the “Warranty and Service Policy”) on all NEW GlycoCheckTM Systems purchased from MVHS, whether purchased directly or through a distributor. Used or recertified equipment is sold as-is, without warranty, unless otherwise stated in writing on the original purchase invoice for such used or recertified equipment. This Warranty and Service Policy is a guaranty that a customer of MVHS who purchases a NEW GlycoCheck System (inclusive of a laptop and CapiVision™ camera) will not pay for labor or service charges related to any covered GlycoCheck System during the first five years of coverage so long as the customer complies with the terms of this Warranty and Service Policy. This Warranty and Service Policy extends only to original equipment, or subsequent upgrades purchased from and installed by MVHS.
B) Under this Warranty and Service Policy, MVHS warrants its NEW GlycoCheck Systems for five years (the “Warranty Period”) as follows:
- All NEW GlycoCheck Systems include a 5-Year Limited Hardware Warranty (the “5-Year Hardware Warranty”), covering the hardware inside the laptop computer case and the CapiVision camera. (The 5-Year Hardware Warranty excludes any desktop computer monitor, mice, keyboards, speakers or other peripherals purchased from MVHS, which are covered by MVHS for 1 year). Because of rapidly and ever-changing computer technology and manufacturers, certain parts or components may become unavailable. During the 5-Year Hardware Warranty, MVHS will, at its sole option, repair or replace any defective laptop computer or CapiVision camera or defective part thereof, at its discretion, with new, used, refurbished, recertified, or comparable parts; and
- All NEW GlycoCheck Systems include a 5-Year Limited Software Warranty (the “5-Year Software Warranty”). During the 5-Year Software Warranty, MVHS will provide software support to repair or replace any defective software.
C) The 5-Year Hardware Warranty and 5-Year Software Warranty (collective the “Warranties”) are all limited as follows:
- The Warranty Period begins on the date of purchase of the GlycoCheck System for GlycoCheck Systems purchased after April 1, 2022. The Warranties cover the original purchaser of the covered GlycoCheck System; the Warranties are not transferable.
- Repairs, upgrades or installations of any software by anyone other than an authorized MVHS representative on any covered GlycoCheck System are not covered by, and void the Warranties instantly on any system so modified. During the Warranty Period, Customer is allowed to ship the covered GlycoCheck System to MVHS’s authorized service or sales facility, located at 7200 South, Midvale, UT 84047 for a FREE computer cleaning and tune-up. Any individual parts sold or installed separately from a new computer system must be purchased and installed by the authorized MVHS service facility to be covered by the Warranties, and that separate hardware is only covered to the extent of the original manufacturer’s warranty on such separate parts. There are no warranties, express or implied, which are not written herein. Any missing order items must be reported within 48 hours of purchase. Customer gives MVHS’s authorized service facility, the owner’s right and permission to install and use diagnostic software during service.
- Physical damage, abuse, or neglect, and damage caused by shipping, or misapplication of the product, repair modification, exposure to extremes of temperature or humidity, power fluctuations, lightning or connecting the GlycoCheck System to improper electrical power sources are not covered by the Warranties. System must be plugged into a power conditioner at all times the GlycoCheck System is connected to a power source.
- Warranty repairs or service do not extend the length of the Warranties and any GlycoCheck System or component thereof left unclaimed for 45 days after being notified that the service is complete becomes the property of MVHS.
- To obtain performance under the Warranties the customer must ship the computer to the MVHS Service Center located at 145 7200 South, Midvale, UT 84047. The Customer is responsible for shipping charges to and from to the MVHS Service Center. It is the customer’s responsibility to properly pack computer to courier regulations and insure the item for the purchase price of the computer.
D) By providing a GlycoCheck System or component thereof for service under the Warranties the customer expressly agrees that the customer waives, in advance, any causes of action, rights or claims against MVHS related to the loss, disclosure or dissemination of any data, video images, files, or other information saved on the GlycoCheck System or component thereof, during or after the performance of repair or warranty service. The customer agrees that any other claim or cause of action whatsoever against MVHS, including but not limited to those in contract or tort, shall be limited to the amount customer actually paid for the GlycoCheck System or component thereof at issue.
E) MVHS desires to maintain a positive relationship with its customers and without waiving any of the limitations in the preceding paragraphs, MVHS may at its sole and exclusive discretion elect to return actual funds paid by the customer for goods or services provided by MVHS. Any such refund is in no way an admission of any liability, wrong-doing or the basis for any cause of action against MVHS and is a simple expression of good will. In the event the customer is offered a refund of monies actually paid, each and every aspect of the waivers and limitations of liability set forth herein shall remain in full force and effect. The customer waives all rights, claims, causes of action and other damages in excess of actual funds paid and then returned by MVHS.
F) By submitting any GlycoCheck System or component thereof for service under the Warranties the customer expressly agrees that disputes regarding this Warranty and Service Policy will be submitted only to binding arbitration with all proceedings in Utah County, Utah. The customer specifically waives all right to pursue any legal or equitable remedy in any court of law. In the event either party initiates an appropriate proceeding to enforce or seek any claims under this Warranty and Service Policy or service provided pursuant to this Warranty and Service Policy, the prevailing party shall be entitled to an award of reasonable attorney’s fees. The laws of the state of Utah shall govern the interpretation, validity, performance, and enforcement of this agreement. If any provision of this warranty shall be held to be invalid or unenforceable, the validity and enforceability of the remaining provisions of this warranty shall not be affected thereby.
G) Payment for service and repair not covered by the Warranties.
- In the event that customer requests services or repairs that are not covered by the Warranties for any reason (collectively “Uncovered Services”), customer may request MVHS to provide service or repair under the same terms and conditions as though the service or repair were covered by the Warranties, with the exception that customer agrees to pay for such Uncovered Services as follows:
- a. Customer shall pay MVHS for Uncovered Services performed at the rate of $100.00 per hour plus the cost of parts.
- b. If any invoice for Uncovered Services is not paid when due then interest will accrue and be payable on all overdue amounts at the rate of one percent (1%) per month, or the maximum percentage allowed under applicable laws, whichever is less.
- c. Customer shall pay all costs of collection of any unpaid invoice for Uncovered Services, including without limitation, reasonable attorneys’ fees.