Limited Warranty Statement
Virtuix Inc. (“Virtuix”) extends the following exclusive, limited warranty (the “Limited Warranty”) to you, the original purchaser of the Virtuix OmniTM Products and accessories (“You”). The Limited Warranty extends only to You and is not transferable to anyone who subsequently purchases, leases, uses or otherwise obtains the Product from You. The Limited Warranty is valid only for Products purchased directly from Virtuix or from authorized resellers in authorized distribution territories as defined by Virtuix and listed on the Virtuix website at the time of your purchase (the “Distribution Market”). Unauthorized use, use outside of all policies, statues, or instructions, and/or purchase of a Product or Products from a third-party not Virtuix or an authorized reseller, and/or resale of the Product shall render this Limited Warranty null and void.
This Limited Warranty Statement only addresses the limited warranty provided (including the accompanying warranty disclaimers) for purchasers of Virtuix Inc. Products, as such Products are defined in a purchase agreement (typically entitled Terms of Sale, Commercial End-User Sales Agreement, etc.) that has been fully executed by You and Virtuix. The purchase agreement governs the terms and conditions of sales while this Limited Warranty Statement defines and sets out the Limited Warranty procedures. In the event of any conflict between your purchase agreement and this Limited Warranty Statement, the terms of the purchase agreement will prevail.
VIRTUIX WARRANTS THE PRODUCTS AGAINST MANUFACTURING DEFECTS EXISTING PRIOR TO OR AT THE TIME OF PURCHASE, FOR THE LIMITED WARRANTY PERIOD AS DEFINED IN SECTION 1 HEREIN (“LIMITED WARRANTY PERIOD”). ALL OTHER CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR OTHERWISE, WORLDWIDE, IN RELATION TO THE PRODUCTS ARE HEREBY EXCLUDED. NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR OBLIGATE THE MANUFACTURER, VIRTUIX INC., ITS AFFILIATES AND OR ITS SUPPLIERS OR AGENTS. FURTHER, ANY AND ALL PURCHASERS ARE INSTRUCTED AND SHOULD BE AWARE THAT USE OF THE VIRTUIX OMNI™ PRODUCT IS ONLY PURSUANT TO THE PUBLISHED INSTRUCTIONS (“INSTRUCTIONS’), THAT THERE ARE RISKS ASSOCIATED WITH THE USE OF THE PRODUCT AND SUCH PURCHASERS SHOULD THEREFORE USE THE PRODUCT AT THEIR OWN RISK AND THAT THE MANUFACTURER VIRTUIX INC., AND/OR ITS AFFILIATES, SUPPLIERS OR AGENTS OWE NO LIABILITY TO ALL PURCHASERS AND USERS OF THE PRODUCTS, WHETHER THE PRODUCT IS THE VIRTUIX OMNI™ OR ANY ACCESSORIES TO THE VIRTUIX OMNI™. SUCH LIMITED WARRANTY SHALL ONLY APPLY TO THE INITIAL PURCHASERS AND ANY FURTHER RESALE OF THE PRODUCTS SHALL VOID THIS LIMITED WARRANTY. FOR THE AVOIDANCE OF DOUBT, NO WARRANTY SHALL APPLY TO ANY MISUSE OF THE PRODUCT, FAILURE TO FOLLOW THE INSTRUCTIONS, OR KNOWINGLY USING A MALFUNCTIONING PRODUCT. DURING THE LIMITED WARRANTY PERIOD IN THE EVENT THAT A PRODUCT IS VERIFIED BY VIRTUIX TO FALL WITHIN THE LIMITED WARRANTY, VIRTUIX WILL, AT ITS SOLE OPTION: (1) PROVIDE REPLACEMENT PARTS NECESSARY TO REPAIR THE PRODUCT; (2) REPAIR THE PRODUCT OR REPLACE IT WITH A COMPARABLE PRODUCT, OR, AT VIRTUIX’S OPTION, (3) REFUND TO YOU AN AMOUNT EQUAL TO THE REMAINING USEFUL LIFE OF THE PRODUCT (CALCULATED AS FOLLOWS: THE AMOUNT YOU PAID FOR THE PRODUCT, DIVIDED BY SIX FOR THE OMNI MAIN UNIT OR THREE FOR OMNI ACCESSORIES, MULTIPLIED BY THE NUMBER OF MONTHS REMAINING ON THE LIMITED WARRANTY PERIOD). REPLACEMENT PARTS AND REPLACEMENT PRODUCTS WILL BE PROVIDED ONLY WITHIN AN AUTHORIZED DISTRIBUTION MARKET; WILL BE NEW OR SERVICEABLY USED, COMPARABLE IN FUNCTION AND PERFORMANCE TO THE ORIGINAL PART OR PRODUCT; AND WILL BE WARRANTED FOR THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD.
Terms and Conditions (Exclusions and Limitations)
- Term. The Limited Warranty Period is six (6) months for the Virtuix Omni main unit and ninety (90) days for all Omni accessories from the date of receipt, so long as the Product remains in the possession of the original purchaser. Note that certain product components (for example, shoes and belts) are designed to be worn and the useful life of such components will vary depending on the amount of use. Normal wear and tear is specifically not covered by the Limited Warranty, and wearable accessories may need to be replaced more frequently than every six months, depending on the amount of use. Virtuix has no responsibility for cost of replacement of such wearable components or accessories.
- Limitations and Exclusions (What is Not Covered)
For the avoidance of doubt, note that the Limited Warranty does not cover, and Virtuix is not responsible for, the following:
a. Delivery, assembly, installation, set-up, or adjustment for original or replacement Products or labor or other costs associated with removal or replacement of the Products, or
b. Damage caused by misuse; abuse; accident; fire; flood; wind, lightning, freezing, or other natural weather or exposure conditions of any kind; neglect; theft; vandalism; misplacement; power surges, fluctuations, reductions, or failures; connections to improper voltage or incorrect electrical line voltage; viruses; malware; reckless, willful, or intentional conduct; or any modification or use of the Product that is not authorized or recommended by Virtuix, or
c. Damage caused by service or attempted service not authorized by Virtuix, or
d. Damage caused by use that is not in accordance with Product’s instructions or any User Manual, including damages caused by failure to perform cleaning or preventive maintenance, or
e. Damages caused by the combination of Products with other non-Virtuix products, accessories, parts or components or use of the products, equipment, utilities, services, or parts (including applications, installations, repairs, wiring, or connectors) not supplied or authorized by Virtuix which damage the Product or result in service problems, or
f. Damage or failure due to normal wear and tear, improper assembly or maintenance, or installation of parts or accessories not originally intended for or compatible with the Virtuix Product, or
g. Uninterrupted or error-free operation of the Product, or
h. Software, including firmware, installed on or added to the Product (for terms of service related to Software, refer to the Software License Agreement), or
i. Cosmetic damage, exterior finish, discoloration of paint or plastic, or other issues that do not affect product functionality, or
j. Modifications or adaptations made to enable a Product to operate in a country other than the country for which it was designed, manufactured, approved or authorized for sale, or repair of Products damaged by these modifications.
- Instructions for Obtaining Limited Warranty Service.To obtain service under the Limited Warranty, you must deliver the Product, freight prepaid, in either its original packaging or packaging affording an equal degree of protection to the Virtuix authorized service facility as instructed by Virtuix, but only if such return of Product is approved by Virtuix. Proof of purchase, such as the purchase order, is required when requesting service under the Limited Warranty. For specific instructions on how to obtain service under the Limited Warranty for your Product:
Contact Virtuix Service and Support at:
support@virtuix.com
You may be asked to assist Virtuix or Virtuix’s designated authorized service provider in diagnosing issues with your Product prior to obtaining approval to return the Product to Virtuix, and you agree to provide such assistance. Virtuix may require that you ship the complete Product or only certain parts back to Virtuix. You are responsible for the costs associated with shipping products or parts back to Virtuix (or to a service center in your area specified by Virtuix), and you are responsible for the cost of expedited shipping of replacement parts or products to you, in case you prefer to expedite shipping instead of using regular ground shipping. You are responsible for assuring that all parts and components are returned to Virtuix, and that no personal or third party items or components are sent to Virtuix. Virtuix will not return and is not responsible for loss or damage to personal or third party items erroneously sent to Virtuix. YOU ARE RESPONSIBLE FOR ANY DAMAGE TO THE PRODUCT DURING SHIPMENT TO VIRTUIX OR THE AUTHORIZED VIRTUIX SERVICE CENTER.
- Disclaimer. EXCEPT FOR THE LIMITED WARRANTY AS SET FORTH HEREIN, THE PRODUCT IS PROVIDED WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, EXCEPT AS EXPRESSLY SET FORTH IN THE SIX-MONTH LIMITED WARRANTY, AND NO OTHER REPRESENTATIONS OR CLAIMS OF ANY KIND SHALL BE BINDING ON OR OBLIGATE US. THE PRODUCT IS EXPRESSLY PROVIDED TO YOU “AS IS.” IF ANY TECHNICAL SUPPORT OR ASSISTANCE IS PROVIDED WITH RESPECT TO THE PRODUCT AND THE USE THEREOF, IT IS PROVIDED “AS IS”, WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE USE OR OPERATION OF THE PRODUCT WILL BE UNINTERRUPTED OR ERROR FREE. YOU BEAR ALL RISKS RELATING TO THE USE AND COMMERCIAL USE OF THE PRODUCT AND THE QUALITY AND PERFORMANCE OF THE PRODUCT AND ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION EXCEPT AS EXPRESSLY SET FORTH AS PART OF THE EXCHANGE POLICY AND LIMITED WARRANTY POLICY. THESE TERMS STATE PURCHASER’S SOLE AND EXCLUSIVE REMEDIES.
- Limitation of Liability. TO THE MAXIMUM EXTENT LEGALLY PERMITTED, WHETHER OR NOT VIRTUIX IS OR WAS AWARE OR ADVISED OF THE POSSIBILITY OF DAMAGES, AND WHETHER OR NOT THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE, VIRTUIX’S AGGREGATE LIABILITY (WHETHER FOR BREACH OF CONTRACT, TORT OR ANY OTHER LEGAL THEORY) SHALL IN NO CIRCUMSTANCES EXCEED THE COST OF THE PRODUCT(S) YOU ORDERED IN THE SIX (6) MONTHS PRECEDING ANY CLAIM; AND IN NO EVENT SHALL VIRTUIX BE LIABLE FOR SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, OR COST OF COVER. VIRTUIX’S LIABILITY SHALL IN NO CIRCUMSTANCES EXTEND TO UNAUTHORIZED USE OF THE PRODUCT OR TO ANY THIRD PARTIES. THE PARTIES EXPRESSLY ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY PROVISION CONSTITUTES AN ESSENTIAL PART OF ANY PURCHASE AGREEMENT FOR THE PRODUCTS. Some states or jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you. This Limited Warranty gives you specific legal rights and you may have other rights which vary from state to state, or by jurisdiction. To the extent limited or restricted by state or local law, these limitations shall apply to the full extent allowable under such law.
- Any attempt to repair the Product may create a risk of injury. VIRTUIX IS NOT RESPONSIBLE OR LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY ARISING FROM ANY PERSONAL INJURY INCURRED DURING THE COURSE OF, OR AS A RESULT OF, ANY REPAIR OR ATTEMPTED REPAIR BY YOU OR ANYONE OTHER THAN AUTHORIZED SERVICE PROVIDER RECOMMENDED BY VIRTUIX. All repairs attempted by You on the Product are undertaken AT YOUR OWN RISK and Virtuix shall have no liability for any injury to person or property arising from such unauthorized repairs.
- International Support. Support, including repair and replacement, is provided only in authorized Distribution Markets. The Limited Warranty and any and all other rights you may have under a purchase agreement with Virtuix are null and void following movement of the Products outside of the territory in which You purchased your Products.
- General. This Limited Warranty Statement provides the entire obligation of Virtuix with regard to repair, replacement or support of the Product. The Limited Warranty Statement shall not be modified, altered, amended, or supplemented without the written agreement of Virtuix which specifically states that such writing is intended to modify, alter, amend or supplement this Limited Warranty Statement. Any additional or altered terms shall be null and void, unless expressly agreed to in writing by Virtuix. If any term of this Limited Warranty Statement is determined to be illegal or unenforceable, the legality or enforceability of the remaining provisions shall not be affected or impaired. This Limited Warranty Statement and any sales or obligations created hereunder shall be governed by the laws of the State of Texas, without regard to the impact of any conflict of laws rules thereunder.
This Limited Warranty gives you specific legal rights. You may also have other rights which vary from state to state, jurisdiction to jurisdiction, or province to province.
Last revised 05/01/2017