
2726
Limited Warranty Coverage
EXCLUSIVE REMEDY
If any Device fails to meet the foregoing warranty
within the applicable warranty period, Tivic Health
shall have the option, as selected at Tivic Health’s
sole discretion, to repair, replace, or provide a credit
to the original end user. In the event of replacement,
Tivic Health shall have the right at its sole discretion to
replace the Device with a new, or refurbished, Device.
In no event, shall the limited warranty period of a
replacement Device extend past the limited warranty
period of the Device it is replacing.
WARRANTY SERVICE
In order to obtain warranty service, contact
Tivic Health customer service for instructions. In the
event an item must be returned, a Return Material
Authorization (RMA) number is required. Items
returned without an RMA number will not be accepted.
The item shall be shipped at the original end user’s
expense to a destination specied by
Tivic Health.
OBLIGATIONS AND WARRANTY LIMITS
EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE,
TIVIC HEALTH MAKES NO OTHER WARRANTIES AND
DISCLAIMS ALL OTHER REPRESENTATIONS, GUARANTIES,
CONDITIONS, AND WARRANTIES CONCERNING THE DEVICE,
WHETHER DIRECT OR INDIRECT, EXPRESS OR IMPLIED, OR
ARISING UNDER ANY STATUTE, ORDINANCE, COMMERCIAL
USAGE OR OTHERWISE, INCLUDING WITHOUT LIMITATION
ANY WARRANTY OR REPRESENTATION AS TO FITNESS
FOR PURPOSE, DURABILITY, DESIGN, MERCHANTABILITY,
OR CONDITION OF THE DEVICE (OR ANY PART THEREOF),
OR RELATING TO THE INFRINGEMENT OF ANY PATENT,
COPYRIGHT, OR OTHER PROPRIETARY RIGHT USED OR
INCLUDED THEREIN.
ALTHOUGH THE DEVICE IS APPROVED FOR SALE BY THE FDA
FOR THE TEMPORARY RELIEF OF SINUS PAIN ASSOCIATED
WITH ALLERGIC RHINITIS, THE RESPONSE AND EFFICACY
WILL VARY BASED ON THE USER’S PHYSIOLOGY AND
OTHER VARIABLE FACTORS AND TIVIC HEALTH MAKES
NO WARRANTY THAT ANY SPECIFIC RESULTS WILL BE
ACHIEVED THROUGH THE USE OF THE DEVICE OR THAT
ANY RELIEF FROM SINUS PAIN WILL BE ACHIEVED AND ALL
SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED.
IF ANY IMPLIED WARRANTIES APPLY AS A MATTER OF LAW,
THEY ARE LIMITED IN DURATION TO THE LENGTH OF THIS
LIMITED WARRANTY. SOME STATES MAY NOT RECOGNIZE
A DISCLAIMER OR LIMITATION OF WARRANTIES AND/ OR
LIMITATION OF LIABILITY SO THE ABOVE DISCLAIMER AND
EXCLUSIONS MAY NOT APPLY. THE ORIGINAL END USER MAY
ALSO HAVE DIFFERENT AND/OR ADDITIONAL RIGHTS AND
REMEDIES THAT VARY FROM STATE TO STATE.
THE ORIGINAL END USER ACKNOWLEDGES AND AGREES
THAT TIVIC HEALTH SHALL NOT BE RESPONSIBLE FOR ANY
DAMAGES THAT THE ORIGINAL END USER MAY INCUR FROM
DELAYED SHIPMENT, DEVICE FAILURES, OR FROM ANY OTHER
CAUSE, WHETHER LIABILITY IS ASSERTED IN CONTRACT,
TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT
LIABILITY) OR OTHERWISE. IN NO EVENT SHALL TIVIC HEALTH
BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL
OR SPECIAL DAMAGES OF ANY KIND (INCLUDING WITHOUT
LIMITATION LOSS OF PROFITS OR LOSS OF USE), WHETHER OR
NOT TIVIC HEALTH SHALL BE OR SHOULD BE AWARE OF THE
POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE.
REPRESENTATIONS AND WARRANTIES MADE BY ANY
PERSON, INCLUDING BUT NOT LIMITED TO DISTRIBUTORS,
REPRESENTATIVES, SALESPERSONS, OR AGENTS OF TIVIC
HEALTH, WHICH ARE INCONSISTENT OR IN CONFLICT WITH
OR IN ADDITION TO THE TERMS OF THIS LIMITED WARRANTY,
SHALL NOT BE BINDING UPON TIVIC HEALTH UNDER ANY
CIRCUMSTANCE.
THIS LIMITED WARRANTY IS THE COMPLETE AND EXCLUSIVE
STATEMENT OF WARRANTY WHICH TIVIC HEALTH AGREES
TO PROVIDE WITH RESPECT TO THE DEVICE AND IT SHALL
SUPERSEDE ALL PRIOR AND CONTEMPORANEOUS ORAL OR
WRITTEN AGREEMENTS, UNDERSTANDINGS, PROPOSALS,
AND COMMUNICATIONS PERTAINING TO THE SUBJECT
MATTER HEREOF.
For questions: tivichealth.com
Call: 1-888-276-6888