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11 Warranty
11.1 Limited Warranty—US
Except as otherwise set forth below, Invacare warrants that the following components of the mobility device (“product”) will be free
from defects in materials and workmanship for a period of one (1) year from the date Invacare ships the product to the original
purchaser or provider: base frame, electronics and electrical components (excluding batteries), motors, powered seating actuators,
gearboxes, bearings and bushings, seat frame, fixed seat post, upholstered materials, padded materials, casters, tires, and tubes
(excluding normal wear and tear). Invacare warrants all product batteries will be free from defects in materials and workmanship for
a period of six (6) months from the date Invacare ships the product to the original purchaser or provider. The warranties described
above are referred to as the “Warranty”. A copy of the original product invoice is required for coverage under the Warranty.
11.2 Limited Warranty—Canada
Except as otherwise set forth below, Invacare warrants the base frame of the mobility device (“product”) will be free from defects in
materials and workmanship for a period of five (5) years from the date Invacare ships the product to the original purchaser or
provider. Invacare warrants that the seat frame and fixed seat post will be free from defects in materials and workmanship for a
period of three (3) years from the date Invacare ships the product to the original purchaser or provider. Invacare warrants that the
following components of the product will be free from defects in materials and workmanship for a period of two (2) years from the
date Invacare ships the product to the original purchaser or provider: electronics and electrical components (excluding batteries),
motors, powered seating actuators, gearboxes. Invacare warrants that the following components of the product will be free from
defects in materials and workmanship for a period of one (1) year from the date Invacare ships the product to the original purchaser
or provider: bearings and bushings, upholstered materials (excluding normal wear and tear), padded materials (excluding normal
wear and tear), brake pads (excluding normal wear and tear), casters (excluding normal wear and tear), tires and tubes (excluding
normal wear and tear). Invacare warrants all product batteries will be free from defects in materials and workmanship for a period
of six (6) months from the date Invacare ships the product to the original purchaser or provider. The warranties described above are
referred to as the “Warranty”. A copy of the original product invoice is required for coverage under the Warranty.
11.3 Repair or Replacement
Invacare's sole obligation and the original purchaser’s exclusive remedy under the Warranty is limited to Invacare’s repair and/or
replacement, at Invacare's option, of defective components and batteries covered by the Warranty. Such repair or replacement
does not include any labor or shipping charges incurred by Invacare in the replacement and/or repair of any such component or
battery. For Warranty service, please contact the provider from whom you purchased your product. In the event you do not receive
satisfactory Warranty service, please write directly to Invacare at the address on the bottom of the back cover. Provide provider's
name address, date of purchase, indicate nature of the defect and, if the product is serialized, indicate the serial number. Do not
return products to Invacare without Invacare’s prior written authorization.
11.4 Disclaimers
The Warranty may not be modified or waived in any manner whatsoever without Invacare's express written authorization.
THE WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, STATUTORY OR
OTHERWISE, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE.
EXCEPT AND TO THE EXTENT AS MAY BE PROHIBITED BY STATE OR PROVINCIAL LAW, IN NO EVENT SHALL INVACARE BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM OR ARISING OUT OF OR RELATED
TO A DEFECT IN ANY PRODUCT, OR INVACARE’S PERFORMANCE OR FAILURE TO PERFORM ANY OF ITS OBLIGATIONS UNDER THIS
WARRANTY, WHETHER OR NOT INVACARE HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH
DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS.
11.4.1 Limitations and Exclusions
The Warranty is extended only to the original purchaser who purchases the product new and unused from Invacare or a provider.
The Warranty is not extended to any other person or entity and is not transferable or assignable to any subsequent purchaser or
owner. Coverage under the Warranty will end upon any such subsequent sale or other transfer of title to any other person.
The Warranty does not apply to serial numbered products if the serial number has been removed or defaced, products subject to
neglect, abuse, accident, improper operation, maintenance or storage, commercial or fleet use, products modified without
Invacare's express written authorization (including, but not limited to, modification through the use of unauthorized parts or
attachments), products damaged by reason of repairs made to any component without Invacare's express written authorization, or
to a product damaged by circumstances beyond Invacare's control, and such evaluation will be solely determined by Invacare.
LiNX® Control System