ROWHEELS LIMITED MANUFACTURER WARRANTY

ROWHEELS Inc. warrants this wheelchair, so far as the same is of its own manufacture, to be free of defects in material and workmanship, when used by the purchaser under normal conditions, for one (1) year after purchase.  The warranties herein specified shall not apply if the failure of any component of this wheelchair to satisfy such warranty is due to accident, neglect, misuse, improper transportation arranged by the purchaser or its agent, or causes other than ordinary use including operation contrary to ROWHEELS’ operating instructions or if any person other than ROWHEELS’ authorized personnel shall modify, adjust, or repair such wheelchair or perform any related service on it.

It must be understood that the purchaser assumes full responsibility for the overall safe operation in the environment for which the wheelchair is intended to function.

IMPLIED WARRANTIES

Implied warranties, including those of merchantability and fitness for a particular purpose, are limited

to one (1) year from the date of purchase and to the extent permitted by law. Any and all other implied

warranties are excluded. This is the exclusive remedy. Liabilities for consequential damages under any and all warranties are excluded. Some states do not allow limitations on how long an implied warranty lasts or do not allow the exclusion or limitation of incidental or consequential damages. The above limitation or exclusion may not apply to you. This warranty gives you specific rights, and you may also have other rights which vary from state to state.

In addition to our standard 12 month manufacturer’s warranty, customers can also purchase a ROWHEELS Product Protection Plan (Each referred to herein as “Protection Plan”) for complete peace of mind.

TERMS AND CONDITIONS: ROWHEELS PRODUCT PROTECTION PLAN

Throughout these Terms and Conditions, the words “we”, “us” and “our” refer to Rowheels, Inc, its products and its product related policies. The words “you” and “your” refer to the purchaser or transferee of this Plan.

PROTECTION PLAN FOR ROWHEELS REVOLUTION 1.0 Wheelchair (“Covered Product”)

When your plan begins and ends:

Available for one (1), two (2) or three (3) years.

The Protection Plan begins on the later of (i) the date you purchase this Plan or (ii) the date your Covered Product is delivered to you although certain parts of the Coverage will begin upon the expiration of the manufacturer’s warranty as explained in Section above on manufacturer warranty.

Payment for the protection is to be made in one payment, Coverage under your Plan will end one, two, or three years from the date on which it started depending on the length of the Plan you purchased unless it is renewed or cancelled, or our obligations under the Plan become fulfilled in their entirety, see section below on “Fulfillment of Plan”.

The “Coverage Period” means the date your Plan begins as per the preceding sentence and shall end as explained below depending on what type of Plan you purchased: The current Pricing for Covered product is as mentioned below, Prices are subject to revision without notice.

-1 year: $250

-2 year: $350

-3 year: $450

2. What is Covered?

Subject to the claim limits described below in Section 6.0, we will repair or replace your Covered Product at our option, free of charge, any parts found upon examination by our authorized representative if you notify us during the Coverage Period of a hardware failure resulting from:

Defects in material or workmanship;

Normal wear and tear;

Dust, internal humidity/condensation within the wheel gear mechanism;

  1. Defective parts
  2. One accidental damage within a period of 12 months from the date of purchase or the date of last claim.

Labor costs are fully covered. There are no hidden fees or deductibles. The shipping fees incurred will be paid by you for both side shipping of the product to us and back to you.

No Lemon Benefit.

After two covered hardware repairs concerning the same defect have been attempted or completed on the same Covered Product during the Coverage Period (each, a “Qualified Repair”) and such Covered Product requires a third Qualified Repair, we will replace it with a new device of like kind and quality and of comparable performance in accordance with the terms of Section below (the “No-Lemon Benefit”) and our obligations under this Plan will have been fulfilled in their entirety.  However, for clearance, open-box, and other Covered Products originally purchased at a discount, we may issue a gift card or voucher for the original discounted purchase price plus tax instead of offering a replacement, which would also fulfill our obligations under the Plan.  This No Lemon Benefit shall also be subject to the following:

You have 90 days from the date of our No-Lemon Benefit authorization to complete your Covered Product replacement transaction.

The following services are not Qualified Repairs for purposes of the No-Lemon Benefit:  Accidental Damage from Handling “ADH” Coverage repairs and replacements; parts and service covered under the manufacturer’s warranty or by a Covered product recall; preventative maintenance; cleanings; troubleshooting and diagnosis; a valid no-fault-found determination; customer education.

3 Technical Support

a) During the Coverage Period, we will provide you with access to telephone and web based technical support resources. Web-based support requires a high speed internet connection. Technical support may include assistance with hardware, assembly, installation, configuration and troubleshooting; and determining when hardware service is required.

b) Technical Support will also include assistance with the initial set-up of your Covered Product, issues causing start-up and initial usage issues, slow performance, mechanical unwanted noise or any other identified mechanical failure.

4. Accidental Damage from Handling (ADH)

Subject to the claim limits described below in Section …, if during the Coverage Period you submit a valid claim notifying us that the Covered Product has failed due to accidental damage from handling (ADH), we will either (i) repair the damage using new or refurbished parts that are equivalent to new in performance and reliability, or (ii) exchange the Covered Product with a replacement product that is new or equivalent to new in performance and reliability.

ADH Coverage only applies to an operational or mechanical failure caused by an accident from handling that is the result of an unexpected and unintentional event that arises from your normal daily usage of the Covered Product as intended for such Covered Product.  We may ask you to provide an explanation of where and when the accident occurred with a detailed description of the actual event. We may deny your claim if you fail to provide information relating to the accident when asked. We also reserve the right to determine the applicability of ADH Coverage based upon the condition of the Covered Product at the time of the claim.

5. What’s Not Covered?

Hardware Service and Accidental Damage from Handling (ADH) Coverage do not include the following:

  1. Cosmetic damage (e.g., scratches, tears, dents and broken casing) that does not otherwise affect or impede its functionality or materially impair its use; b. Theft, misplacement, reckless, abusive, willful or intentional conduct associated with handling and use of the Covered Product; c. Faulty installation, repair, or maintenance by anyone other than us and our authorized service provider; d. Extreme environmental conditions (including extreme temperature or humidity) leading to problems such as external condensation and mold; e. Acts of God including lightning, fire, flood, earthquakes and other external causes;  f. Use outside of the permitted or intended uses described by us in the User manual and product usage guidelines;  g. Damage caused by contact with any human or animal bodily fluids; h. Covered Products that have been lost or stolen (this Plan only applies to products returned in their entirety); i. If the serial numbers on your Covered Product have been altered, defaced or removed or if you submit a claim for a product having a different serial number than the serial number our records indicate for the Covered Product unless you show that you received a replacement product from us under the manufacturer’s warranty; j. If the failures or parts and/or labor costs incurred are the subject of a recall;  k. Preventative maintenance on the Covered Product; l. Damage that is secondary damage or any damage that would be ordinarily covered under a primary insurance policy (e.g., car accident causes damage to the Covered Product); m. Protection against any other act or result not covered by this Plan; and n. Any resultant damage to the Covered Product that arises from one or more conditions described above.

5.1 Technical Support does not include the following:  

  1. Troubleshooting issues that are likely to be resolved by upgrading your (i) hardware parts that have been upgraded by us; (ii) spare parts that have been upgraded by us (iii) or both to the current version, if you choose not to upgrade.
  2. Training services;
  3. Repair or Replacement of Covered Products. Any time your Covered Product is to be repaired or replaced in accordance with these Terms and Conditions, at our sole discretion, we have the option of: a. Repairing your Covered Product.  Replacement parts utilized for repair service will be, at our sole discretion, new, refurbished or non-original manufacturer’s parts that perform to the factory specifications.
  4. Reimbursing you for replacement with a voucher or gift card equal to the Covered Product’s current market value, as determined by us, not to exceed the original purchase price of your Covered Product including taxes.
  5. Replacing your Covered Product with a product of like kind and quality and of comparable performance. If we replace your Covered Product, the following may apply:
    – Technological advances may result in a replacement product with a lower selling price than the original Covered Product;
    – Replacement products and parts may be new or refurbished (at our discretion) which meet our specifications of the Covered Product or parts; and
    – Covered Products and parts which are replaced become our property except where prohibited by law.

How to Obtain Support

You may obtain hardware services, technical support and ADH Coverage by visiting our office location, accessing our website, www.rowheels.com, or by calling us.  Technical support via remote chat is available during the working hours 9am to 5pm Central Standard time, Monday to Friday except public holidays. If you are outside the U.S. and require immediate assistance or ADH Coverage, see Section 8.2 below or call us during the working hours.

8. Our Hardware Service and ADH Coverage Service Options.

8.1 In the U.S., our authorized representative will provide hardware service and ADH Coverage to you on behalf of us through one or more of these options:

(i) Mail-in service. Direct mail-in service is available for the Covered Product.  If we determine that your Covered Product is eligible for mail-in service, we will send you prepaid way bills (and packaging material if necessary) and you will ship the Covered Product to a location in accordance with our instructions. Once service is complete, we will return the Covered Product to you. You will pay for shipping to and from your location and you will follow all instructions.

(iii) Express Replacement Service (“ERS”) or do-it-yourself (“DIY”) parts service.  ERS is available for the Covered Product. DIY parts service is available for the Covered Product parts or accessories and this will allow you to service your own Covered Product. If ERS or DIY parts service is available, the following terms will apply. (a) Service where we deliver a replacement product or part to you in advance of us receiving your original Covered Product or part from you.  In these cases, we may require that you authorize a charge to your credit card as security for the retail price of the replacement product or part and applicable shipping costs.  If you are unable to provide a credit card authorization, we will offer alternative arrangements for service.  We will ship a replacement product or part to you pursuant to instructions and any requirements for the return of the replaced product.  If you follow the instructions, we will cancel the credit card authorization, so that you will not be charged for the product or part except the shipping to and from your location.  If you fail to return the replaced product or part as instructed, return a replacement product or part that is ineligible for service, we will charge the credit card for the authorized amount.  (b) Service where we do not require return of the replaced product or part. We will ship you free of charge a replacement product or part accompanied by instructions on installation, if applicable, and any requirements for the disposal of the replaced product or part. (c) We are not responsible for any labor costs you incur in respect to ERS or DIY parts service. Should you require further assistance, you should contact us at the office telephone number.

8.2 International Service. If you are outside of the U.S., you should contact us to obtain the name of our-authorized service center/depot and drop your Covered Product off to that servicer for service. In the event that there is not our authorized servicer in that area, you should obtain service from a reputable service provider.  You are required to take pre-authorization from us prior to performing any repairs/service of the covered product and then submit the details of the repairs to us within 30 days of your return to US. We may consider to reimburse the cost in case it was notified to us and pre-authorization was taken from us. The cost of carrying out international repair/service is not guaranteed to be covered by us. In special circumstances if the repair is covered by us, all reimbursements will be made in US currency only. If service is not available for the Covered Product in a particular country outside of the U.S., you may be responsible for shipping and handling charges to facilitate service to a country where service is available. If you seek service in a country outside of the U.S., you will comply with all applicable import and export laws and regulations and be responsible for all custom duties, V.A.T. and other associated taxes and charges.

8.3 We reserve the right to change the method by which we may provide repair or replacement service to you, and your Covered Product’s eligibility to receive a particular method of service.

9. Your Responsibilities

To receive service or support under the Plan, you agree to comply with each of the terms listed below.

(i) You will provide a copy of this Plan and a copy of your purchase, exchange and service receipts, if requested. (ii) You will provide information about the symptoms and causes of the issues with the Covered Product. (iii) You will respond to requests for information, including but not limited to the Covered Product serial number, model, any peripherals devices connected or installed on the Covered Product, the actions which were taken before the Covered Product experienced the issue and the steps taken to resolve the issue. (iv) You will follow instructions we give you, including but not limited to refraining from sending us products and accessories that are not subject to repair or replacement service and packing the Covered Product in accordance with shipping instructions. (v) You will be required to sign a service order disclaimer or other service order terms to obtain repairs or a replacement device.  This service order disclaimer or other service order terms do not form a part of this Plan and are a separate legal document.   (viii) You must provide a safe, non-threatening environment for our technicians to receive service.  Service may be denied if the environment is deemed unsafe or inaccessible at our discretion.

10. Eligibility for Coverage; Transferring Your Plan.

We will provide service in respect of the Covered Product to the original purchaser of this Plan or any person that is in lawful possession of the Covered Product.  At our discretion, we may ask questions and take steps to verify that the person seeking service is in lawful possession of it and, in some cases, whether the serial number of the Covered product matches our records concerning the Covered Product.  If ownership of the Covered Product has changed and/or the responsibility for the Plan has changed, we will, without charge, update our records to reflect the transfer of ownership and/or responsibility for the Plan as the case may be.  The original purchase receipts, as well as any service repair receipts or exchange receipts, should be transferred to the new owner.

11. Renewal; Cancelation, Fulfillment of Plans.

  1. Renewal.

As these are One Time Paid Term Plans purchased at the time of purchase/initial delivery, it is not normal for us to offer renewal of the original protection plan. At our discretion, we may offer you a renewal of this Plan or a new service contract. If we elect to renew this Plan, the claims limits applicable to your Covered Product and the limit of liability set forth in Section below.  The renewal term and price may vary based on the age, condition of the Covered Product, and current service costs at the time of the renewal. It is at our discretion to determine the type of renewal benefits for which your Covered Product is eligible. If we elect to offer you a new service contract, it may contain different coverage and benefits as compared to your original Plan.  We are not responsible for giving you notice of the expiration of your Plan.  Therefore, you may not receive any communication from us prior to your Plan expiring unless we offer you a renewal of this Plan or a new service contract.

  1. Cancellation.
  2. Cancellation by Us.

This Plan may be cancelled by us for fraud, material misrepresentation, unsafe work environment/conditions as determined by us. If we cancel this Plan and you have paid for a Plan term in advance per the One-Time-Pay Plan, you will receive a pro-rata refund of the price you paid for the Plan based on the percentage of the Plan’s unexpired term, less the cost of any service provided.  We may also suspend our obligations under this Plan where you have failed to fulfill a material obligation such as not sending to us your defective device after we’ve given you a replacement product.

  1. Cancellation by You.

There are no fees to cancel this Plan.  You may cancel this Plan at any time, for any reason, at a by calling us, or by sending a notice of cancellation to us.  If you cancel your One-Time-Pay Plan within 14 days of your Plan’s purchase, you will receive a full refund of the price paid for the Plan, less the value of any service provided to you under this Plan.  If you cancel your One-Time-Pay Plan more than 14 days after your purchase of the Plan, you will receive no refund of the price you paid for the Plan’s unexpired term.

  1. Fulfillment of Plans. Our obligations under your Plan will be fulfilled in their entirety if:
  2. For Covered product we have fulfilled a claim within a plan period by replacing your Covered product with either a new or a refurbished product (excluding claims where we only replace the parts on your existing device).
  3. Our obligations will be fulfilled in their entirety if we replace your Covered Product with a new product or if we issue you a voucher or gift card for its current market value not to exceed the original purchase price of your Covered Product including taxes. If we replace your Covered Product, your replaced Covered product will not become the Covered Product under your previous plan and you will require to purchase a new protection Plan for the replaced product.

12.  Availability of Services. While we try to complete service/repair as quickly as possible, we are not responsible for delays caused by factors beyond our control, including but not limited to supplier delays, parts availability, shipping to a regional service facility, Acts of God or other external causes.

PROTECTION PLAN SERVICE

Protection Plan service must be performed by an approved technician. Do not return faulty parts to ROWHEELS without prior written authorization. All transportation costs and shipping damage incurred while submitting parts for repair or replacement are the responsibility of the purchaser.

Failure to follow the instructions, warnings, and notes in the ROWHEELS owner’s manual can result in personal injury or product damage and will void ROWHEELS’ product warranty and the ROWHEELS Protection Plan. There is no other express warranty.

For Warranty or Protection Plan service please contact ROWHEELS Customer Support:

salessupport@rowheels.com

PHONE: (608) 268-9670

FAX: (608) 719-0010

13. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (I) WE WILL UNDER NO CIRCUMSTANCES BE LIABLE TO YOU OR ANY SUBSEQUENT OWNER FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO COSTS OF RECOVERING, REDESIGNING, OR REPRODUCING ANY PART OR PRODUCT OR THE FAILURE TO MAINTAIN THE CONFIDENTIALITY OF DATA, ANY LOSS OF BUSINESS, PROFITS, REVENUE OR ANTICIPATED SAVINGS, RESULTING FROM OUR OBLIGATIONS UNDER THIS PLAN; (II) FOR ANY SINGLE CLAIM, OUR LIABILITY SHALL BE THE LESSER OF THE COST OF (A) REPAIRS AUTHORIZED BY US, OR (B) REPLACEMENT WITH A NEW OR REFURBISHED PRODUCT OF LIKE KIND AND QUALITY THAT IS OF COMPARABLE PERFORMANCE; AND (III) OUR TOTAL LIABILITY UNDER THIS PLAN SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE OF YOUR COVERED PRODUCT INCLUDING TAXES.

WE SPECIFICALLY DO NOT WARRANT THAT (i) WE WILL BE ABLE TO REPAIR OR REPLACE COVERED PRODUCT WITHOUT RISK TO OR LOSS OF ANY PARTICULAR PERFORMANCE, (ii) WE WILL MAINTAIN THE CONFIDENTIALITY OF DATA, OR (iii) THAT THE OPERATION OF THE COVERED PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE.

14. Insurance. This Plan is not a contract of insurance. This is an agreement between us to provide extra protection on the product to you from us with the charge of nominal fees.

15. General

a) These Terms and Conditions and your purchase receipt (which contains the effective date of your Plan and your product purchase identification) constitute the entire agreement between you and us with respect to the services and benefits provided to you under your Plan and will prevail over any conflicting, additional, or other terms of any marketing collateral or other document or expression. Our employees and agents have NO AUTHORITY (apparent, express, implied, or otherwise) to alter or modify the terms and conditions of this Plan – either orally or in writing.

b) This Plan does not exclude pre-existing conditions.