Cala Health, Inc. (“Cala”) warrants, to the original purchaser only, that the Cala TrioTM that such customer purchased (the “Product”) shall be free from defects in materials and workmanship under normal use and will perform in accordance with the Product specifications set forth in the Product patient guide, for the applicable specified period below:
- Stimulator: 2 years from date of sale to patient
- Base Station: 2 years from date of sale to patient
- Band: 45 days from date of sale to patient
Should the Product fail to conform to the above warranty and a valid claim is received by Cala within the applicable warranty period specified above, as the initial customer’s sole remedy (and Cala’s sole liability), Cala will repair or replace at its discretion, any nonconforming material or part.
Warranty claims on defective Product must be made by the initial customer of record, based on assigned serial number, lot number, or warranty registration. To obtain warranty service, the initial customer of record must (1) contact Cala prior to the expiration of the applicable warranty period to receive a Return Materials Authorization number, and (2) return the defective Product to Cala, in either its original packaging or packaging providing an equal degree of protection, in accordance with the Return Policy set forth in the Product user guide. Cala will pay the cost of shipping the Product to Cala if the original purchaser uses the shipping method specified by Cala. If the warranty claim is valid, Cala will pay the cost of shipping the repaired or replacement Product to the original purchaser. If the warranty claim is not valid, then Cala may return the Product to the original purchaser at the original purchaser’s cost or may dispose of the Product with no liability to the original customer. Any replacement Product will be warranted for the remainder of the original warranty period, or for any additional period of time that may be applicable in the initial customer’s jurisdiction.
- This warranty is only available to the initial
- It is not transferable.
- This is a limited warranty and does not cover:
- Any damage caused because of improper use, accident, neglect, abuse, modification, water ingress, or alteration of the Product;
- Repairs carried out by any service organization or person that has not been expressly authorized by Cala to perform such repairs;
- Any components of the Product other than the Cala Trio Stimulator, Base Station, or Band. The “Product” does not include (and this limited warranty does not cover) any software, even if embedded in the Product (e.g., firmware and/or system software).
- Warranty is void on Product that is sold or resold outside the country of original.
- Cala shall examine any Product that is returned with a Return Materials Authorization number and reserves the right to charge an evaluation fee for any returned Product when no problem is found after investigation by Cala.
Cala provides no other express warranties with respect to the Product. All implied warranties with respect to the Product (including any warranties of merchantability or fitness for a particular purpose) are limited in duration to the applicable warranty period set forth above (or, if longer, the shortest period allowed by applicable law). Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
Except for bodily injury of a person or as otherwise prohibited by applicable law, in no event shall Cala be liable with respect to any subject matter hereunder, regardless of the form of any claim or action (whether in contract, negligence, strict liability or otherwise), for any (a) matter beyond its reasonable control, (b) indirect, punitive, incidental, reliance, special, exemplary or consequential damages including, but not limited to, loss of revenues or profits, (c) any direct damages in excess of the amount paid to Cala with respect to the particular Product giving rise to such damages, even if such party has been advised of the possibility of such damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
This Limited Warranty shall be governed by the laws of the State of California, USA, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.
To exercise your rights under this warranty, or to request a written copy of this warranty, please contact Cala by phone at (888) 699-1009 or by email at CustomerSuccess@CalaTrio.com.