Manufacturer’s Global Limited Guarantee Statement
- Introduction
- Manufacturer’s Limited Guarantee
- Guarantee Period
- General Conditions
- Applicable Law and Jurisdiction
Introduction
Introduction
We thank you (“Customer” or “you” or “your”) for purchasing a TASKA Prosthetics’ product (“Product”). For the full range of TASKA Prosthetics’ products please visit our website www.taskaprosthetics.com.
Manufacturer’s Limited Guarantee
Manufacturer’s Limited Guarantee
This manufacturer’s limited guarantee (hereinafter “Guarantee”) is provided by TASKA Prosthetics Limited (“TASKA Prosthetics”, “we”, or “us”).
Please be aware our Guarantee Statement is subject to change – in all cases our current Guarantee Statement is published on our website www.taskaprosthetics.com.
This Guarantee provides you with an assurance that, provided the appropriate use conditions, instructions, and safety precautions have been adhered to (as set out in the TASKA Appropriate Use Guidelines (“Appropriate Use Guidelines”) provided with the TASKA Myoelectric Hand (“TASKA Hand”) or the User Guide, provided with TASKA products (“User Guide”) as the case may be (in each case, as also set out on our website www.taskaprosthetics.com) AND you have complied with the other conditions of this Guarantee AND you have made a claim within the applicable Guarantee Period, then we will fix material and manufacturing faults with the Product and certain accidental damage by either, at our sole election, repairing or replacing any defective or damaged Product or affected part, within a reasonable period of time (with any replacement being with the same or most nearly comparable model then available), at our cost (except as expressly excluded). This will include the cost of packaging the repaired or replaced Product, freight to facilitate the return or replacement of the Product, insurance while in transit, your re-fit, and we will provide the required parts for the Guarantee claim and pay for or undertake the repair.
Where we elect to fulfil our obligations under the Guarantee by providing the Distributor with a replacement Product or replacement part, or a repaired Product or part under the Guarantee, the Distributor will then provide the repaired or replaced Product to you (or the relevant Clinician) within 14 days after receipt. TASKA Prosthetics will not be liable for the Distributor’s delay in delivery beyond this period. The Distributor is not entitled to charge you or your Clinician for any replacement parts or Products provided by us under the Guarantee.
The Guarantee covers:
- Defects in the material from which the Product is constructed;
- Errors in workmanship during the construction of the Product;
- Accidental damage to the Product due to drops or impacts that are within the limits laid out in the TASKA Appropriate Use Guidelines or the User Guide (as applicable); and
- Accidental damage to the Product due to water or dust ingress, that are within the limits laid out in the Appropriate Use Guidelines or the User Guide (as applicable).
There are limitations on what this Guarantee covers including some defects, losses or damage including where you have not followed the User Guide or Appropriate Use Guidelines. Please carefully review the relevant User Guide and/or Appropriate Use Guidelines to understand the applicable limitations.
The current guarantee periods are set out below in the full Guarantee Statement (“Guarantee Period”). Claims under the Guarantee must be received during the applicable Guarantee Period. To make a claim under the Guarantee please contact the Clinician or the customer services team of the Distributor from whom you received or purchased the Product. You will be required to provide proof of purchase and details of the alleged defect.
Specific limitations of use of the TASKA Hand and other TASKA products as laid out in the Appropriate Use Guidelines or the User Guide (as applicable) must be complied with. Non-compliance will invalidate this Guarantee including (without limitation) modifying or dismantling of the Product (beyond removal of the Coverplate/Top Faceplate and Grip Tips) by anyone not authorised by TASKA Prosthetics to carry out repair, maintenance or servicing of the Product or use with batteries and other components not approved by TASKA Prosthetics.
This Guarantee does not cover any defect, loss or damage to the Product caused by use or handling of Products outside the limits laid out in the Appropriate Use Guidelines or the User Guide (as applicable), general misuse, neglect, wear and tear, theft, accidental loss or exposure to conditions for which the Product was not designed or intended.
In case of non-compliance with the specific limitations of use of the TASKA Hand and other TASKA products as laid out in the Appropriate Use Guidelines or the User Guide (as applicable), or the other conditions of this Guarantee, you will be responsible for all costs and expenses in returning the Product to TASKA Prosthetics or its authorised repairer and for collecting any repaired or replaced TASKA Products from TASKA Prosthetics or its authorised repairer.
We do not give any other warranty or guarantee, express or implied. To the extent allowed by local law, any implied warranty or guarantee of merchantability, satisfactory quality, or fitness for a particular purpose is hereby disclaimed. Some countries/regions, states, or provinces do not allow limitations on the duration of an implied warranty or guarantee, so this disclaimer may not apply to you. This exclusion may not apply if and to the extent a third party expressly grants you certain warranty rights, however such rights cannot be exercised against us. This Guarantee gives you specific legal rights, and you may also have other legal rights that vary from Country to Country (or between states and provinces within Countries). Your mandatory rights arising from applicable product liability and/or consumer protection laws in the relevant Country, state or province remain unaffected. For further details please contact your local distributor’s customer services team or us at support@taskaprosthetics.com.
To the maximum extent allowed by the applicable law in the jurisdiction you purchased the Product, the remedies in this Guarantee are your sole and exclusive remedies. Except as indicated above, in no event will TASKA Prosthetics or its suppliers be liable for direct, special, incidental, consequential, or other damages, whether based in contract, tort, or otherwise. Some countries/regions, states, and provinces do not allow the exclusion of certain damages, in which case to the extent prohibited, the above limitations and exclusions may not apply to you. For further details please contact your local distributor’s customer services team or us at support@taskaprosthetics.com.
Guarantee Period
Guarantee Period
TASKA Hand is guaranteed for a period of two (2) years, commencing thirty (30) days after the date of shipment from a TASKA stocking location (whether a new TASKA Hand or a replacement).
Other TASKA products (except TASKA batteries and TASKA seal rings) are guaranteed for a period of two (2) years commencing thirty (30) days after the date of shipment from a TASKA stocking location (whether a new Product or a replacement).
TASKA batteries and/or TASKA seal rings are guaranteed for a period of one (1) year commencing thirty (30) days after the date of shipment from a TASKA stocking location.
Where you have purchased an extended guarantee, the Guarantee Period will be the period of that extended guarantee.
A Product which is replaced or repaired under this Guarantee is subject to this Guarantee, where permitted under applicable law, only for the remaining portion of the original Guarantee Period applicable to the Product.
General Conditions
General Conditions
The service life of the TASKA Hand is 5 years.
This Guarantee applies only to a Product that was provided to you by TASKA Prosthetics or its distributor (including where applicable your Clinician). This Guarantee is not transferable by you. We may transfer our rights and obligations under this Guarantee by notice to you, on our website at www.taskaprosthetics.com and effective from the date of the notice. We will have no further liability to you from the date of transfer.
TASKA Prosthetics’ total aggregate liability under or related to this Guarantee or with the supply of a Product will not exceed the purchase price of the Product.
If a competent court decides that a provision(s) of this Guarantee does not apply, such decision will not affect the enforceability of the rest of this Guarantee.
We have translated the English language Guarantee Statement into other languages in the TASKA Warranty and on our website www.taskaprosthetics.com. However, the English language Guarantee Statement is the only official version for all purposes. Where there is inconsistency between what is contained in the TASKA Warranty and on our website www.taskaprosthetics.com, then the information on the website will have precedent.
Applicable Law and Jurisdiction
Applicable Law and Jurisdiction
TASKA Products are sold in Australia, Canada, Denmark, Germany, Finland, France, Iceland, Iraq, Italy, New Zealand, Norway, Portugal, Russia, Saudi Arabia, Spain, Sweden, Turkey and United States of America and any other country that TASKA may sell its Product into. The laws of the Country in which you purchased the Product will apply to the Guarantee and such Country’s courts will have jurisdiction to resolve any disputes in relation to the Guarantee. Under a Country’s consumer protection and/ or procedural laws you may have legal rights protecting your recourse to the law (for example, a right to elect to bring a claim in a court located in New Zealand where TASKA Prosthetics is located or the Country in which the Products were purchased (where this differs from the Country in which you reside or are domiciled) that differ from the above and vary in each Country. For each Country, its conflict of laws provisions and the United Nations Convention on Contract for the International Sale of Goods of 11 April 1980 are hereby excluded in relation to the Guarantee but mandatory consumer protection laws remain unaffected. Where there is inconsistency between what is contained in this Guarantee and the information specific to the jurisdiction you purchased the Product or Products, the laws of the Country in which you purchased the Product or Products will apply to the Guarantee and such Country’s courts will have jurisdiction to resolve any disputes in relation to the Guarantee.