54
55
17-1. LIMITED
WARRANTY
Limited Warranty Statement
Virtuix Inc. (“Virtuix”) extends the following exclusive, limited warranty (the “Limited Warranty”)
to you, the original purchaser of the Virtuix Omni
TM
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)
1. 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.
2. 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:
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
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
a.
b.