PRODUCT WARRANTY

BISEP Innovations Inc.
Product Warranty

Title

Effective Date: September 1, 2024

Scope and Warranty Period

BISEP Innovations Inc. warrants to the original purchaser (“Customer”) of the ARMM (Ambulation, Retraining and Mobility Mechanism) (the “Product”) that the Product is free of defects in materials and workmanship under normal use for a period of two (2) years from the original date of Customer’s purchase of the Product (“Warranty Period”). The foregoing warranty is not transferable by Customer (the “Limited Warranty”). Where Customer purchased the Product through BISEP Innovations Inc.’s website or other authorized retailers referenced on BISEP Innovation Inc.’s website, the date of purchase is the date of invoice issued to Customer by BISEP Innovations Inc. or such authorized retailers by email. Where Customer purchased the Product from BISEP Innovations Inc. or an authorized retailer at a physical location, the date of purchase is the date of the invoice issued to Customer at the physical location. If Customer re-sells the device to a third-party, the warranty is null and void. No BISEP Innovations Inc. distributor, reseller, agent or employee is authorized to make any modification, extension, or addition to this Limited Warranty. For Quebec consumers, all provisions of this clause apply in addition to the legal warranty as may be applicable under the laws of the Province of Quebec.

Exercise of Warranty

If the Product is defective during the Warranty Period, Customer’s sole and exclusive remedy, and BISEP Innovations Inc.’s sole obligation, will be, at BISEP Innovations Inc.’s sole discretion, to: (a) repair the defective part of the Product at no cost to Customer with new or reconditioned parts; (b) replace the Product at no cost to Customer with a new, reconditioned or comparable Product; or (c) provide a refund to Customer of the original purchase price paid for the Product. The Product or any parts thereof that are repaired or replaced during the Warranty Period are subject to this Limited Warranty, which for clarity will not extend the end of the original Warranty Period, except where prohibited by applicable law. To obtain warranty service, Customer shall: (i) contact BISEP Innovations Inc. during the Warranty Period; (ii) provide BISEP Innovations Inc. with dated proof of original purchase from BISEP Innovations Inc. or an authorized retailer as determined by BISEP Innovations Inc.; and (iii) ship the Product to BISEP Innovations Inc. by prepaid delivery and have packaged the device appropriately for safe shipment. Per our Shipping & Return Policy, the customer is required to send a video and photos of the damaged and non-damaged areas prior to shipment of the return. For greater certainty, Customer is responsible for all costs associated with returning the Product to BISEP Innovations Inc, including without limiting the generality of the foregoing any damage to the Product incurred during transit to BISEP Innovations Inc.

Exclusions from Warranty

This Limited Warranty does not apply to, in each case as determined by BISEP Innovations Inc. acting reasonably, damage to, or defects or malfunctions in, the Product arising from or related to: (a) use of the Product not in accordance with this Agreement and the Product User Manual provided with the Product when shipped (which information can also be found on our website), whether arising from the direct or indirect use of the Product by Customer or a third-party service provider as the case may be. It is the responsibility of the purchaser of the device, to ensure that all persons using the device(s) have read and understand the Product User Manual pertaining how to safely install and operate the device at all times within the provisions herewith.; (b) natural wear and tear; (c) modification of the Product by any person other than BISEP Innovations Inc. or its authorized agents; (d) storage of the Product in an improper environment; (e) use of the Product in combination with accessories, other products or equipment not authorized or supplied by BISEP Innovations Inc.; (f) events beyond BISEP Innovations Inc.’s reasonable control; or (g) any cause other than the intended normal use by BISEP Innovations Inc. No warranty is provided if the Product was not purchased directly from BISEP Innovations Inc. or its authorized retailers. Customer agrees it will be charged for non-warranty work at the minimum repair rate effective at the time the Product is returned to BISEP Innovations Inc. Customer accepts the Product subject to this Limited Warranty and all terms and conditions related thereto.

Unless BISEP Innovations Inc. agrees otherwise in writing, Customer will be responsible for any costs associated with: (i) gaining access to the Product; (ii) removal, disassembly, replacement, installation, or reinstallation of any equipment, materials or structures to permit BISEP Innovations Inc. to perform its warranty obligations; and (iii) damage to equipment components or parts resulting in whole or in part from non-compliance by Customer with applicable Product Documentation, the “Exercise of Warranty” section above, or from the Products deteriorated condition caused by the Customer.

DISCLAIMER

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, THIS LIMITED WARRANTY IS THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, AND NO OTHER WARRANTIES, CONDITIONS OR GUARANTEES OF ANY KIND SHALL APPLY, WHETHER STATUTORY, WRITTEN, ORAL, EXPRESS OR IMPLIED, INCLUDING (WITHOUT LIMITATION) WARRANTIES, CONDITIONS OR GUARANTEES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMANCE, QUALITY, DURABILITY, OR THE RESULTS THAT CUSTOMER MAY OBTAIN BY USING THE PRODUCT, ALL OF WHICH ARE DISCLAIMED. WHERE IMPLIED WARRANTIES CANNOT BE DISCLAIMED BY APPLICABLE LAW, SUCH IMPLIED WARRANTIES ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY.

PRODUCT USE WARNING

WARNING: FAILURE TO PROPERLY INSTALL, CONNECT, AND MAINTAIN THE ARMM DEVICE (IE. THE PRODUCT) AS INSTRUCTED MAY RESULT IN SERIOUS INJURY, FALLS, OR EVEN DEATH. IT IS CRITICAL TO FOLLOW ALL SAFETY GUIDELINES PROVIDED IN THE PRODUCT USER MANUAL. CUSTOMERS MUST CAREFULLY READ AND FULLY UNDERSTAND THE PRODUCT USER MANUAL BEFORE USING THE ARMM DEVICE. PROPER ATTACHMENT TO THE WHEELCHAIR AND/OR WALKER, AS WELL AS REGULAR MAINTENANCE, IS ESSENTIAL FOR THE SAFETY AND EFFECTIVE OPERATION OF THE DEVICE. FAILURE TO FOLLOW THESE INSTRUCTIONS COULD RESULT IN IMPROPER FUNCTION, WHICH MAY LEAD TO INJURY OR DEATH. PLEASE KEEP IN MIND, THE ARMM DEVICE IS NOT FOR ALL PATIENTS AND IT IS THE HEALTHCARE WORKER/CAREGIVER’S RESPONSIBILITY TO ENSURE THE ARMM DEVICE IS SAFE TO USE FOR THE USER. THE ARMM DEVICE CAN ONLY BE USED WITH USER’S WEIGHING NO MORE THAN TWO-HUNDRED AND FIFTY (250) POUNDS. IT IS THE RESPONSIBILITY OF CUSTOMER TO STAY INFORMED FROM BISEP INNOVATIONS INC. ON ANY UPDATES OR CHANGES TO ITS PRODUCTS AFTER THE TIME OF PURCHASE, AS THESE UPDATES MAY AFFECT FUNCTIONALITY, COMPATIBILITY OR OTHER ITEMS.

EACH TIME THE ARMM DEVICE IS USED, CUSTOMERS ARE RESPONSIBLE FOR INSPECTING THE ARMM DEVICE TO ENSURE ALL COMPONENTS ARE SECURELY ATTACHED AND FUNCTIONING AS INTENDED. NEGLECTING TO CONFIRM PROPER ATTACHMENT AND CONDITION OF THE ARMM DEVICE MAY LEAD TO FALLS, SEVERE INJURIES, OR FATAL ACCIDENTS. THIS INCLUDES ENSURING THE ARMM DEVICE IS CORRECTLY CONNECTED TO THE WHEELCHAIR AND/OR WALKER AND FOLLOWING ALL MAINTENANCE GUIDELINES OUTLINED IN THE PRODUCT USER MANUAL.

IT IS CRITICAL TO PERFORM ROUTINE CHECKS BEFORE EACH USE AND ENSURE THE ARMM DEVICE IS PROPERLY MAINTAINED TO PREVENT MALFUNCTION OR ACCIDENTS. BISEP INNOVATIONS INC. IS NOT LIABLE FOR INJURIES OR DAMAGES CAUSED BY FAILURE TO FOLLOW THESE ESSENTIAL SAFETY GUIDELINES.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF BISEP INNOVATIONS INC., ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, LICENSORS, SUPPLIERS, DISTRIBUTORS, RESELLERS, AND SERVICE PROVIDERS (COLLECTIVELY, “BISEP INNOVATIONS INC. PARTIES” IN THIS PARAGRAPH) TO CUSTOMER AS A RESULT OF ALL CLAIMS ARISING OUT OF OR RELATED TO THE PRODUCT, WHETHER SUCH CLAIM IS BASED ON BREACH OF CONTRACT (INCLUDING UNDER AN INDEMNITY), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EXCEED THE ORIGINAL PURCHASE PRICE PAID BY CUSTOMER TO BISEP INNOVATIONS INC. FOR THE PRODUCT. IN NO EVENT SHALL BISEP INNOVATIONS INC. PARTIES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER INDIRECT DAMAGES, INCLUDING (WITHOUT LIMITATION) LOST PROFITS OR LOSS OF OPPORTUNITY, ARISING OUT OF OR RELATED TO THE PRODUCT, WHETHER THE ACTION IS IN CONTRACT (INCLUDING UNDER AN INDEMNITY) OR TORT (INCLUDING NEGLIGENCE) AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF BISEP INNOVATIONS INC. PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SHOULD HAVE HAD KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. NOTHING IN THIS PARAGRAPH WILL OPERATE TO EXCLUDE OR RESTRICT BISEP PARTIES’ LIABILITY (IF ANY) TO CUSTOMER FOR ANY MATTER FOR WHICH IT IS NOT PERMITTED BY APPLICABLE LAW TO EXCLUDE OR LIMIT ITS LIABILITY.

GOVERNING LAW AND VENUE

This Limited Warranty, and any disputes arising out of or related to this Limited Warranty, will be governed exclusively by the laws of the Province of Ontario and the federal laws of Canada applicable in the Province of Ontario, without regard to its conflicts of laws rules. The United Nations Convention on the International Sale of Goods does not apply to this Limited Warranty. The provincial and federal courts located in Toronto, Ontario will have exclusive jurisdiction over any disputes arising out of or related to this Limited Warranty, and each party consents to the exclusive jurisdiction of those courts.