What Does This Warranty Cover?
CryoFX, LLC warrants this hardware product against defects in materials and workmanship under normal use for a period of ONE (1) YEAR (365 Days) from the date of retail purchase by the original end-user purchaser (“Warranty Period”). For CryoFX Handheld Cryo Gun, the Lifetime Limited warranty is for a period lasting the length of time the original end-user purchaser owns the product, and product is still manufactured by CryoFX. If a hardware defect arises and a valid claim is received by CryoFX within the Warranty Period, then, at its option and to the extent permitted by law, CryoFX will either (1) repair the product at no charge, using new parts or parts equivalent to new in performance and reliability, (2) exchange the product with a product that is new or equivalent to new in performance and reliability and is at least functionally equivalent to the original product, or (3) refund the pro-rated purchase price of the product (determined by purchase price divided by 365, times the number of days without use within the 365 day period). CryoFX may request that you replace defective parts with new or refurbished user-installable parts that CryoFX provides in fulfillment of its warranty obligation. A replacement product or part, including a user-installable part that has been installed in accordance with instructions provided by CryoFX, assumes the remaining warranty of the original product or 90 days from the date of replacement or repair, whichever provides longer coverage for you. When a product or part is exchanged, any replacement item becomes your property and the replaced item becomes CryoFX’s property. Parts provided by CryoFX in fulfillment of its warranty obligation must be used in products for which warranty service is claimed. When a refund is given, the product for which the refund is provided must be returned to CryoFX and becomes CryoFX’s property.
What Does This Warranty Not Cover?
This Limited Warranty applies only to the hardware product manufactured or distributed by or for CryoFX that can be identified by the CryoFX trademark, trade name, or logo annexed to it. The Limited Warranty does not apply to any non-CryoFX hardware product or any software, even if packaged or sold with the CryoFX hardware. Manufacturers, suppliers, or publishers, other than CryoFX, may provide their own warranties to the end user purchaser, but CryoFX, in so far as permitted by law, provides their products “as is”.
Software distributed by CryoFX with or without the CryoFX brand name (including, but not limited to system software) is not covered under this Limited Warranty. Refer to the licensing agreement accompanying the software for details of your rights with respect to its use. CryoFX does not warrant that the operation of the product will be uninterrupted or error-free. CryoFX is not responsible for any damage arising from failure to follow instructions relating to the product’s use.
This warranty does not apply: (a) to consumable parts, such as batteries, unless damage has occurred due to a defect in materials and workmanship; (b) to cosmetic damage, including but not limited to scratches, dents, and broken plastic on ports, that occurs after the product is purchased by the original end-user purchaser; (c) to damage caused by use with non-CryoFX products; (d) to damage caused by accident, abuse, misuse, liquid spill or submersion, flood, fire, earthquake or other external causes; (e) to damage caused by operating the product outside the permitted or intended uses described by CryoFX; (f) to damage caused by service (including any type of service) performed by anyone who is not a representative or authorized service provider of CryoFX; (g) to a product or part that has been modified to alter functionality or capability without the written permission of CryoFX; or (h ) if any CryoFX serial number, trademark, trade name, or logo has been removed or defaced.
Do not open the hardware product. Opening the hardware product may cause damage that is not covered by this warranty. Only CryoFX or an authorized service provider should perform service on this hardware product.
TO THE EXTENT PERMITTED BY LAW, THIS WARRANTY AND THE REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, STATUTORY, EXPRESS OR IMPLIED. AS PERMITTED BY APPLICABLE LAW, CRYOFX SPECIFICALLY DISCLAIMS ANY AND ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES AGAINST HIDDEN OR LATENT DEFECTS. IF CRYOFX CANNOT LAWFULLY DISCLAIM STATUTORY OR IMPLIED WARRANTIES, THEN TO THE EXTENT PERMITTED BY LAW, ALL SUCH WARRANTIES SHALL BE LIMITED IN DURATION TO THE DURATION OF THE EXPRESS WARRANTY AND TO THE REPAIR OR REPLACEMENT SERVICE AS DETERMINED BY CRYOFX IN ITS SOLE DISCRETION. No CryoFX reseller, agent, or employee is authorized to make any modification, extension, or addition to this warranty. If any term is held to be illegal or unenforceable, the legality or enforceability of the remaining terms will not be affected or impaired.
EXCEPT AS PROVIDED IN THIS WARRANTY AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, BY PURCHASING ANY PRODUCTS FROM CRYOFX LLC, YOU AGREE TO ACCEPT FULL (100%) RESPONSIBILITY OF USE AND OPERATION OF SAID PRODUCTS AND AGREE TO HOLD CRYOFX NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE, OPERATION, BREACH OF WARRANTY OR CONDITION, OR UNDER ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO LOSS OF USE; LOSS OF REVENUE; LOSS OF ACTUAL OR ANTICIPATED PROFITS (INCLUDING LOSS OF PROFITS ON CONTRACTS); LOSS OF THE USE OF MONEY; LOSS OF ANTICIPATED SAVINGS; LOSS OF BUSINESS; LOSS OF OPPORTUNITY; LOSS OF GOODWILL; LOSS OF REPUTATION; LOSS OF, DAMAGE TO OR CORRUPTION OF DATA; OR ANY INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE HOWSOEVER CAUSED INCLUDING THE REPLACEMENT OF EQUIPMENT AND PROPERTY, ANY COSTS OF RECOVERING, PROGRAMMING OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH THE CRYOFX PRODUCT, AND ANY FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA STORED ON THE PRODUCT. THE FOREGOING LIMITATION SHALL ALSO APPLY, IN FULL, TO DEATH OR PERSONAL INJURY CLAIMS, OR ANY STATUTORY LIABILITY FOR INTENTIONAL AND GROSS NEGLIGENT ACTS AND/OR OMISSIONS.
How Do You Obtain Warranty Service?
For warranty service contact CryoFX Service Department at 1-8-555-CRYOFX or [email protected] to obtain a Return Authorization number (RA#). You must follow CryoFX’s warranty processes and you must provide a copy of your original invoice or receipt, date of purchase, and/or internet transaction record.
Upon receipt of a replacement product or part, the original product or part becomes the property of CryoFX and you, sender, agree to follow instructions, including, if required, arranging the return of original product or part to CryoFX in a timely manner. Service options, parts availability and response times may vary according to the country in which service is requested. Service options are subject to change at any time. All returned service items whether under warranty or not, including shipping and associated shipping costs to CryoFX facility, are the responsibility of the sender and must be pre-paid by the sender, except for warranty claims within the first 7 days of original purchase with prior approval from CryoFX. No accessories should be shipped with the product. CryoFX shall have no liability for loss or damage of accessories shipped with the product. Once a Return Authorization number (RA#) is received, all shipments should be directed to the following address. The RA# must be included on the shipping label visible by CryoFX receiving department and your tracking number of said shipment must be emailed to [email protected].
Address for warranty and claims returns:
3930 Oregon St. Suite 245
San Diego, CA 92104 USA
For warranty and non-warranty exchange, service, or repair, sender shall comply with all applicable export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges. For international service, CryoFX may repair or exchange defective products and parts with comparable products and parts that comply with local standards. In accordance with applicable law, CryoFX may require that you furnish proof of purchase details and/or comply with registration requirements before receiving warranty service.
How Do Other Laws Affect This Warranty?
For consumers, who are covered by consumer protection laws or regulations in their country of purchase or, if different, their country of residence, the benefits conferred by this warranty are in addition to all rights and remedies conveyed by such consumer protection laws and regulations. Some countries, states and provinces do not allow the exclusion or limitation of incidental or consequential damages or allow limitations on how long an implied warranty or condition may last, so the limitations or exclusions described below may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary by country, state or province. This limited warranty is governed by and construed under the laws of the country in which the product purchase took place.