Limited Warranty

Limited Warranty. American Health Gate Co., LLC (“AHG”) warrants that any product (the “Product”) purchased from AHG, an AHG affiliate or an authorized AHG dealer at the point of original sale, shall be free of manufacturing defects in workmanship and material for the lifetime of the original retail purchaser (the “Purchaser”) from the date of the original purchase (the “Warranty Period”).

Non-Transferable. This Limited Warranty is to the Purchaser only and is not transferable to any other person or entity.

Exclusions from Warranty Coverage. AHG has no obligation under this Limited Warranty with respect to any defect or damage to the Product arising from any abuse, improper use or mishandling of the Product. The Limited Warranty shall not apply to any claimed defect or damage arising out of or being caused by any of the following, including, but not limited to:

  • Failure to use the Product in accordance with AHG instructions or recommendations;
  • Failure to assemble or install the Product according to AHG’s instructions;
  • Damage to the outside shield;
  • Damage that has occurred during shipping;
  • Removal, defacement or alteration of the serial number/QC seal;
  • Routine maintenance items, normal wear and tear, cosmetic deterioration or electrical components damaged as a result of fluctuations in electric current;
  • Warranty repairs made by anyone other than AHG or an authorized and qualified AHG dealer or designee;
  • Damage or loss resulting from acts of nature, vandalism, theft, war or other events over which AHG has no control; or
  • Exhaustion or depletion of consumable parts of the Product, including batteries, spare and disposable parts.

Warranty Process; Basis of Warranty. In the event that the Product appears to have defects in materials and/or workmanship under everyday use and service, Purchaser shall: (1) submit a claim for warranty online at https://americanhealthgate.com/contact-us or via electronic mail or telephone, (2) provide the applicable information on the warranty card included in the instruction manual accompanying the Product and submit such warranty card to AHG or an authorized AHG dealer via postal mail, or (3) present the Product to AHG or to an authorized agent, dealer or distributor of AHG where Purchaser purchased the Product (the “Place of Purchase”). In the event Purchaser delivers the defective Product to the Place of Purchase, an authorized agent at the Place of Purchase shall inspect the Product to determine eligibility for replacement under the terms of this Limited Warranty. The authorized agent at the Place of Purchase shall submit a claim to AHG to confirm that any defects in the Product are covered under this Limited Warranty. Upon determination that defects in the Product are covered by the terms of this Limited Warranty, the Purchaser’s recovery shall be in the form of replacement of the Product. The cost of shipping and packaging to return the Product to AHG or to an authorized AHG dealer will be the sole responsibility of the Purchaser.

Remedy. Purchaser’s sole and exclusive remedy under this Limited Warranty in the event of a defect in material or workmanship in the Product or any part or component thereof, during the Warranty Period is that AHG or an authorized AHG dealer will replace the Product. In the event a specific model of a Product has been discontinued and replacement with an identical model is not possible, AHG or an authorized AHG dealer will replace the defective Product with the latest model of such Product. This Limited Warranty shall be deemed null and void if repairs are undertaken by persons not authorized by AHG and if original AHG parts are not used in the repair of such defective Product. This exclusive remedy will not be deemed to have failed of its essential purpose so long as AHG has made reasonable efforts to replace the defective parts.

LIMITATIONS ON LIABILITY. THIS WARRANTY IS GIVEN BY AHG IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. THE REPLACEMENT OF THE PRODUCT IS THE EXCLUSIVE REMEDY. AHG SHALL NOT BE LIABLE TO THE PURCHASER OR ANYONE ELSE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS, LABOR COSTS, OR ANY OTHER PECUNIARY DAMAGE, WHETHER DUE TO ANY DEFECT, DELAY, NONDELIVERY, NONPERFORMANCE, RECALL, BREACH BY AHG, OR OTHER REASON, All claims IN tort, STRICT LIABILITY, and failure of essential purpose are waived and excluded, INCLUDING CLAIMS OF AHG’S NEGLIGENCE. AHG shall not be liable to the PURCHASER or anyone else IN TORT, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY for ANY ALLEGED DEFECT IN THE design OR manufacture OF THE PRODUCT or for the omission OR ALLEGED INADEQUACY of any warning. EXCEPT FOR THE LIMITED WARRANTY HEREIN, THE PURCHASER ACCEPTS THE PRODUCT “AS iS” WITH ALL FAULTS AND ASSUMEs THE RISK OF LOSS For ANY DEFECT OR NONCONFORMITY. PURCHASER waives, relieves and releases AHG from any and all claims, causes or rights of action, and liability for any redhibitory, patent, or latent vices, whether BY STATUTE OR COMMON LAW, obvious or unknown, easily discoverable or hidden, except as specifically provided in the Warranty. UNDER NO CIRCUMSTANCES SHALL AHG’S liability for any defect in the PRODUCTS, whether based on contract, tort, warranty, strict liability, or any other theory, exceed the purchase price of the defective PRODUCT. THERE ARE NO THIRD-PARTY BENEFICIARIES TO THIS AGREEMENT. PURCHASER ACKNOWLEDGES AND DECLARES THAT PURCHASER HAS READ AND UNDERSTANDS ALL TERMS AND AGREES TO BE SO BOUND, AND THAT PURCHASER’S RECEIPT OF THE WARRANTY AND PRODUCT, AND ANY PAYMENT FOR THESE, SIGNIFIES THAT PURCHASER HAS VOLUNTARILY AND KNOWINGLY CONSENTED TO ALL TERMS, INCLUDING THE WAIVERS AND LIMITATIONS CONTAINED HEREIN.

Legal Rights. Some countries and/or states do not allow limitation on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to Purchaser. This Limited Warranty gives you, the Purchaser, specific legal rights, which may vary from country to country and/or state to state. This Limited Warranty is understood to be the exclusive agreement between the parties relating to the subject matter hereof. No employee or representative of AHG is authorized to make any warranty in addition to those made in this agreement.