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Encora X1 Limited warranty

Encora X1™ Limited Warranty

This Limited Warranty is provided by Encora, Inc. (“Encora”) to the owner of the durable Encora X1™ components identified below. It applies to the Encora X1 Stimulator (model STIM-001) and the Encora X1 Charging Station (model CHRG-001) (together, the “Durable Equipment”). The Encora X1 Wristband (model BND-001) is a single-patient-use consumable and is not covered by this Warranty.

1.     Warranty Coverage

Encora warrants that the Durable Equipment will be free from defects in materials and workmanship under normal use, when used in accordance with the Encora X1 User Manual, for the applicable warranty period stated in Section 3. This warranty covers the electronic Stimulator (including its control electronics, on-board motion sensors, and integrated rechargeable battery) and the inductive Charging Station.

2.     Remedies

If a covered defect arises during the applicable warranty period, Encora will, at its option and at no charge for parts or labor, repair the affected Durable Equipment or replace it with a new or refurbished unit of equivalent functionality. Repair or replacement is the owner’s exclusive remedy under this warranty. If Encora determines that neither repair nor replacement is commercially practicable, Encora may instead provide a comparable replacement device. Warranty service is performed by Encora or its authorized agent. There is no charge to the beneficiary or to the Medicare program for the repair or replacement of items covered under this warranty.

3.     Warranty Period

3.1  Base term (Years 1–3). The base warranty term is three (3) years from the date the Durable Equipment is first placed into service (the date it is first dispensed to a beneficiary).

3.2  Coverage during the rental period. While the Durable Equipment is furnished to a beneficiary on a rental basis, Encora maintains, repairs, and replaces it at no cost to the beneficiary as required of the supplier, independent of and in addition to this warranty. A beneficiary in possession of rented Durable Equipment is therefore protected regardless of how much of the warranty term remains. On transfer of title to the beneficiary, the unexpired balance of the then-current warranty term continues for the benefit of the beneficiary-owner.

3.3  Repaired, refurbished, and reissued units. Warranty coverage follows each unit (tracked by serial number) through repair, refurbishment, and reissue, as follows:

3.3.1       During the base term (Years 1–3): a unit that is repaired, or that is reconditioned to original performance specifications and reissued to a successive beneficiary, continues under the unexpired balance of the original three-year term. Repair, refurbishment, and reissue during this period do not restart or extend the term. A successive beneficiary is informed of the actual remaining warranty term at the time the unit is provided.

3.3.2       After the base term (Years 4–5): the first repair or refurbishment performed by Encora or its authorized agent after expiration of the three-year base term carries a new two-year limited warranty, measured from the date of that repair or refurbishment. Any subsequent repair or refurbishment then continues under the unexpired balance of that two-year warranty and does not restart or further extend it.

4.     Exclusions

This warranty does not cover:

  • The Encora X1 Wristband (model BND-001) and any other single-patient-use consumable or supply;

  • Damage or failure resulting from misuse, abuse, accident, neglect, or use other than in accordance with the Encora X1 User Manual (including use of the device during charging, which the User Manual instructs against);

  • Damage from exposure to water or other liquids;

  • Opening, disassembly, modification, or attempted repair of any component by anyone other than Encora or its authorized agent;

  • Damage to the Durable Equipment caused by an accessory, supply, charger, or charging cable not supplied or authorized by Encora (this warranty is not voided merely because such an item was used; only damage actually caused by it is excluded);

  • Normal cosmetic wear; and

  • Gradual reduction in rechargeable-battery capacity through ordinary aging and use. The battery is a permanent, non-serviceable component and is not separately replaceable by the owner. A battery that fails as a result of a defect in materials or workmanship remains covered under Section 1.

5.     Wristband and Other Consumables

The Encora X1 Wristband (model BND-001) and other single-patient-use consumables are not covered by this Warranty (see Section 4). Even so, if a Wristband fails to perform as intended within ninety (90) days after it is dispensed, Encora encourages the patient or owner to contact Encora using the information in Section 6. Encora may, as a customer-service courtesy and in its discretion, provide a replacement Wristband at no charge. This courtesy is not a warranty, does not modify the exclusions in Section 4 or any other limitation in this Warranty, and creates no continuing or enforceable obligation with respect to any consumable.

6.     Claim Process

To request warranty service, contact Encora before returning any item:

Encora, Inc. 311 Summer Street, Suite 200, Boston, MA 02210

Telephone: (774) 436-5879

Email: support@encoratherapeutics.com

Encora will provide instructions for return or for on-site or mail-in service. Encora pays the cost of shipping covered Durable Equipment to and from the owner for warranty service. The owner should retain proof of the date the Durable Equipment was placed into service. Do not return any item until Encora has issued service instructions.

7.     Implied Warranties

Encora does not disclaim any implied warranty. Any implied warranties, including any implied warranty of merchantability or fitness for a particular purpose, are limited in duration to the applicable warranty period stated in Section 3. Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

8.     Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE OWNER’S EXCLUSIVE REMEDY AND ENCORA’S EXCLUSIVE LIABILITY UNDER THIS WARRANTY IS REPAIR OR REPLACEMENT AS DESCRIBED IN SECTION 2, AND ENCORA IS NOT LIABLE FOR INCIDENTAL, SPECIAL, RELIANCE, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM ANY DEFECT IN THE DURABLE EQUIPMENT, EVEN IF ENCORA HAS BEEN INFORMED OF THE POSSIBILITY THEREOF. THIS LIMITATION DOES NOT APPLY TO, AND ENCORA DOES NOT EXCLUDE OR LIMIT, LIABILITY FOR PERSONAL INJURY, OR ANY OTHER LIABILITY THAT MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NOTHING IN THIS WARRANTY LIMITS ANY NON-WAIVABLE RIGHT OR REMEDY, OR ANY OBLIGATION OF ENCORA, UNDER APPLICABLE MEDICAL-DEVICE, CONSUMER-PROTECTION, OR OTHER LAW. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9.     Warrantor

This warranty is provided by Encora, Inc., 311 Summer Street, Suite 200, Boston, MA 02210, United States.

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