ESER warrants the Health Perception Computer against defects in materials and workmanship for a period of one (1) years from the date of purchase. Proof of purchase may be required. This warranty does not cover supplies and accessories, including but not limited to batteries. During the warranty period, ESER will repair or replace, in its sole discretion, any part that does not work properly because of a defect in materials or workmanship. The purchaser’s sole and exclusive remedy with respect to the System shall be repair or replacement. This warranty applies only to new devices. In the event a computer is repaired or replaced, the warranty period will not be extended. This warranty is valid only if the computer is used in accordance with the user instructions. This warranty will not apply:
- If damage results from changes or modifications made to the Computer by the user or third persons after the date of manufacture;
- If damage results from service or repairs performed by any person or entity other than ESER or an authorized technician.
- If damage results from a force majeure or other event beyond the control of ESER; or
- If damage results from negligence or improper use, including but not limited to improper storage, physical abuse such as dropping, or otherwise.
This warranty shall be personal to the original purchaser. Any sale, rental, or other transfer or use of the Computer or any of its components covered by this warranty to or by a user other than the original purchaser shall cause this warranty to immediately terminate. This warranty is exclusive of all other warranties, express or implied including without limitation the implied warranty of merchantability or fitness for a particular purpose. In no event shall ESER be liable for any incidental, consequential, indirect, special or punitive damages arising from or in any way connected with the purchase or use of the Comptuer.