Rinovum Women’s Health, LLC / The Stork IB2C, Inc.

Standard The Stork OTC Product Warranty

1. Limited Warranty. Rinovum Women’s Health, LLC / The Stork IB2C, Inc. (the “Company”) hereby warrants to the end user (the “User”) of The Stork OTC device (the “Product”) that the Product, for the period of time ending on the expiration date printed on the side label of the Product box (the “Warranty Period”), (a) shall be delivered to the User sealed and undamaged, (b) shall function as described in the Instructions For Use brochure included with the Product, and (c) is free from factory defects in material and workmanship.  The User’s sole and exclusive remedy and the Company’s sole and exclusive liability under this warranty will be to replace the non-compliant Product in accordance with the procedures described in Section 2 below.
2. Warranty Procedure. If the User believes a Product does not comply with the warranties set forth in Section 1 above, the User must contact the Company’s Customer Service Team before the end of the Warranty Period either by telephone (412-200-7996) or by email (support@rinovum.com).  In all cases, the User must provide proof-of-purchase from an authorized distributor of the Product and, if possible, the original Product box.  In addition, the User must return the Product to the Company if so requested by its Customer Service Team.  If it is determined by the Company’s Customer Service Team that the Product needs to be returned, the User will be provided with regulated return instructions along with a pre-paid mailer for the return of the Product to the Company.  If, after reviewing the information and materials submitted by the User, the Company determines that the Product does not comply with the warranties set forth in Section 1 above, the Company will, at its option and expense, replace the Product the User purchased.
3. Warranty Limitations. The warranties provided by the Company only apply to a Product that has been purchased directly from the Company or from an authorized distributor of the Product.  Use of the Product does not guarantee pregnancy, and the Company is not providing any warranty that use of the Product will result in pregnancy.  Please do not use the Product if it arrives unsealed or damaged – contact the Company’s Customer Service Team if that happens because the Company is not providing any warranty relating to the use of an unsealed or damaged Product.  In addition, the warranties set forth in Section 1 above do not apply to any Product which has (a) been used other than in accordance with the Instructions For Use brochure included with the Product, (b) been subjected to abuse, misuse, neglect, accident, or mishandling, or (c) been improperly stored, transported, installed, or used.
4. Warranty Disclaimer. THE WARRANTIES SPECIFICALLY SET FORTH IN SECTION 1 ABOVE ARE THE ONLY WARRANTIES GIVEN BY THE COMPANY WITH RESPECT TO THE PRODUCT AND ARE GIVEN IN LIEU OF ANY AND ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR ARISING BY CUSTOM, TRADE USAGE, OR COURSE OF DEALING, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL OTHER WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY LAW.  To the extent an implied warranty cannot be excluded, such warranty is limited in duration to the Warranty Period.  This disclaimer and exclusion shall apply even if any of the express warranties set forth above fails of its essential purpose.