This Incuvers Return and Repair Policy (the “Policy”) shall apply to purchases of the Incuvers Incubator (the “Hardware”) by the applicable purchasers who have entered into an Incuvers Incubator Sales Agreement to purchase the Hardware (the “Purchasers”) with Incuvers Inc. (“Incuvers”). The operation of the Hardware shall conform to the minimum specifications and performance metrics set out in the technical and instructional documentation provided by Incuvers to the Purchasers (the “Documentation”).In consideration of the premises and mutual covenants and agreements herein contained, as well as additional consideration provided under the Incuvers Incubator Sales Agreement, the sufficiency of which is hereby acknowledged, Incuvers agrees that the Purchasers shall have the following rights to obtain a return, exchange, or refund for the Hardware:
1. General Terms. All Returns or Repairs of Hardware shall be subject to the following requirements:
1.1. Purchasers must notify Incuvers of their intention to Return or Repair Hardware in writing and in advance by email to email@example.com, and obtain Incuvers prior approval in writing which shall not withheld if such request is in compliance with this policy;
1.2. Any Hardware returned to Incuvers must be packaged and marked in accordance with instructions provided by Incuvers; and
1.3. Any attempted Return, Repair, or other delivery of Hardware which does not comply with this Policy shall be rejected by Incuvers.
2. 30-Day Right of Return. The Purchasers may return any Hardware purchased Hardware for an amount equal to the purchase price, for reason of the Hardware’s failure to function within the parameters set out in the Documentation or other reasonable failure of operations (the “Defect”), subject to the following terms (a “Return”):
2.1. The Purchasers shall be required to provide notice of their intent to returns the Goods within 30 days of receipt of the Hardware;
2.2. The return of the Hardware shall be made at Incuvers expense and risk of loss, and Incuvers shall provide direction for the packaging and shipping of the Hardware; and
2.3. The Hardware shall not be obsolete or discontinued at such time.
3. Repairs. If Hardware falls outside of its Warranty Period as set out in its applicable Incuvers Incubator Sales Agreement, or if such Warranty Period does not apply for any reason, then Purchasers may request that Incuvers assess and repair the Hardware, if possible, according to the following terms (a “Repair”):3.1. The delivery of the Hardware to Incuvers for the Repair shall be made at the Purchaser’s expense and risk of loss and shall be made according to Incuvers’ instruction for the packaging and shipping of the Hardware;3.2. Upon receipt of the Hardware, Incuvers shall analyze it for any failures or deficiencies, and shall notify the Purchaser in writing of their findings, and if applicable, of the costs and timeline for repairing the Hardware back to its standard specification or function (the “Repair Costs”); 3.3. If the Purchaser accepts the Repair Costs they shall notify Incuvers in writing and pay such Repair Costs in advance; and3.4. Upon completion of the Repair Incuvers shall deliver the Hardware back to the Purchaser at their expense and risk of loss.
4. Recall or Withdrawal.
4.1. If Incuvers determines that any Hardware sold to Purchasers may be defective, at Incuvers’ request, Purchasers shall withdraw all similar Hardware from usage and, at Incuvers’ option, return such Hardware to Incuvers at its expense, or destroy the Hardware and provide Incuvers with written certification of such destruction.
4.2. Notwithstanding the limitations of any Hardware warranties or remedies, if any Purchasers return all withdrawn Hardware or destroys all withdrawn Hardware and provide Incuvers with written certification of such destruction within 30 days following Incuvers’ withdrawal request, in either case consistent with Incuvers’ instructions, unless any such defect is a direct result of the applicable Purchaser’s actions, then Incuvers shall:
4.2.1.repair or replace all such returned Hardware; or
4.2.2.replace such destroyed Hardware;
At Incuvers’ sole expense.
4.3. THIS SECTION SETS FORTH ANY PURCHASER’S SOLE REMEDY AND INCUVERS’ ENTIRE LIABILITY FOR ANY HARDWARE THAT ARE DEFECTIVE OR OTHERWISE WITHDRAWN UNDER THIS SECTION.