June 4, 2021
3720 Clifton Pl, Montrose, CA 91020, USA
Capitalized terms are defined on this document’s last section.
By using the Toccare Haptics Measurement System, Customer signifies acceptance of this Limited Warranty for the Toccare Haptics Measurement System (“Limited Warranty”), the Toccare Standard Operating Procedures (the “Toccare SOPs”) and those certain Policies for the Use, Support and License of the Toccare Haptics Measurement System (the “Policies”). If Customer does not agree to either this Limited Warranty, the Toccare SOPs, or the Policies, it must notify SynTouch by email at email@example.com, in which case Customer will relinquish all rights granted hereto.
SynTouch warrants that for one (1) calendar year from the Acceptance Date, the Toccare will substantially conform to SynTouch’s published specifications in effect on the Acceptance Date and be free from material defects in materials and workmanship (the “Toccare Warranties”). In the event the Toccare fails to satisfy the Toccare Warranties, SynTouch will repair or replace, at SynTouch’s sole discretion, the defective Toccare or components thereof, which may be refurbished at SynTouch’s sole discretion, at no cost to Customer, except that Customer will be responsible for all out-of-pocket travel and shipping expenses incurred by SynTouch.
The Toccare Warranties listed herein apply only if (i) Customer is in compliance with the Toccare SOPs; (ii) Customer notifies and reasonably describes to SynTouch the defects within fourteen (14) days of the time when Customer first discovered or ought to have discovered such defects; (iii) if applicable, Customer gives SynTouch a reasonable opportunity after receiving notice to examine the Toccare; (iv) SynTouch verifies Customer’s claim that the Toccare is defective; (v) Customer does not use the Toccare after giving such notice until SynTouch explicitly authorizes Customer to resume using it; (vi) the defect was not caused by Customer’s negligence, willful misconduct or failure to comply with the Toccare SOPs; and (vi) Customer did not alter or attempt to repair the Toccare. THE REMEDIES SET FORTH HEREIN WILL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND SYNTOUCH’S ENTIRE LIABILITY FOR ANY BREACH OF ANY OF THE TOCCARE WARRANTIES.
EXCEPT FOR THE TOCCARE WARRANTIES LISTED HEREIN, SYNTOUCH MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE TOCCARE OR THIRD-PARTY PRODUCTS, AND DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY (a) WARRANTY OF MERCHANTABILITY; OR (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (c) WARRANTY OF TITLE; OR (d) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; OR (e) ANY WARRANTY ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
This Limited Warranty is the entire agreement between Customer and SynTouch relating to the subject matter herein; supersedes all prior or contemporaneous understandings (except for the Business Documents); and will prevail if a conflict arises between this Limited Warranty and separate agreements entered into between Customer and SynTouch (except for the Business Documents). Notwithstanding the foregoing, in the event of a conflict between this Limited Warranty and the limited warranty provisions set forth in the Policies, the terms of this Limited Warranty will prevail.
The failure by either Customer or SynTouch at any time to require performance of any provision or terms hereof or pursuant to the Toccare SOPs will in no manner affect such party’s rights at a later time to enforce the same.
No waiver by Customer or SynTouch of any condition or of any breach of any term, representation or warranty contained in this Limited Warranty will be effective unless in writing, and no waiver in any one or more instances will be deemed to be a further or continuing waiver of any such condition or breach in other instances or a waiver of any other condition or breach of any other term, representation or warranty.
All matters arising out of or relating to this Limited Warranty are governed by and construed in accordance with the laws of the State of California without giving effect to any conflict of laws provisions that would cause the application of the laws of any other jurisdiction. The exclusive jurisdiction for all disputes arising out of or relating to this Limited Warranty will be the California State and United States Federal courts sitting in the County of Los Angeles, California.
“Acceptance Date” means the date when Customer accepted the Toccare for use pursuant to the Toccare SOPs, Policies and Business Documents.
“Business Documents” means binding agreements and notices between Customer and SynTouch related to Customer’s purchase, installation, acceptance or use of the Toccare, including but not limited to, the Policies, quotations, invoices, sales orders, purchase orders, purchase agreements, rental agreements, and this Limited Warranty.
“Customer” means the customer identified in the purchase or rental order for the Toccare as accepted by SynTouch.
“Limited Warranty” means this document.
“SynTouch” means SynTouch, Inc.
“Toccare” means the Toccare® Haptics Measurement System consisting of a controller, a test station, a computer console, and ancillary documents, components, cables, toolkit, calibration samples and accessories. It excludes the Toccare sensors provided by SynTouch for Customer’s use of the Toccare.