|
|
The Guarantee extends only to the original purchaser of the Brace.
The original purchaser must have purchased the Brace (Defiance, Armor Fourcepoint, or FULLFORCE) within
6 months of their surgery date to be eligible for Guarantee.
In order to be eligible for the Guarantee, the patient is required to complete the online Guarantee form within sixty
(60) days of purchase of the Brace. The Guarantee shall be limited to one (1) year from the date of purchase of the Brace.
Only a patient who has previously ruptured his/her ACL is eligible for the Guarantee. The patient must be wearing the Brace
at the time he or she re-ruptures the ACL. The patient must provide to the Guarantor a duly executed affidavit affirming:
the date of his or her original surgery; the date of the re-injury; that a duly registered Defiance, Armor Fourcepoint,
or FULLFORCE Functional Knee Brace was being worn at the time of the re-injury; that the Brace was being worn as directed;
and the date of any required second surgery. The patient must sign the affidavit. The patient’s treating physician must
certify to the correctness of the information contained in the patient’s affidavit.
The patient must return the Brace to the Guarantor for inspection. The Guarantee shall not apply to any Brace which has
been repaired or altered by anyone other than the Guarantor or by a person authorized by the Guarantor, nor to any Brace
that has been subject to misuse, neglect or accident. The patient must pre-pay shipping and costs, including insurance,
for the return of the Brace. The Guarantor shall not be liable for risk, loss, or damage during shipment of the returned Brace.
All other guarantees, warranties, conditions or representations, either expressed or implied, whether arising under statute,
common law, commercial usage or otherwise, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
ARE EXPRESSLY EXCLUDED. As some states do not permit the contractual limitation of the implied warranty of merchantability
and/or fitness for a particular purpose, the above limitations may not apply. Nothing in this Agreement affects any
statutory rights of patients that cannot be waived or limited by contract. The rights and obligations of the parties
hereto shall be construed and enforced in the State of California and in accordance with the laws of California. Venue
for any and all disputes arising from or relating to this Guarantee shall be exclusively in either California Superior
Court or in federal court in California. Only residents of the United States that purchase the brace in the United States
are eligible. NCAA Athletes are not eligible for guarantee. Registration for patients under the age of
18 must include the name of a parent or legal guardian.
|