eSight Warranty Terms
All capitalized terms not otherwise defined in these Warranty Terms will have the meaning set forth in the Terms of Service.
1. Limited Warranty. Gentex warrants to the original purchaser (“Covered Purchaser”) of an eSight purchased on or through the Site, or through one of our authorized distributors (“Covered Product”) that such Covered Product will be free from defects in materials and workmanship, under normal operating conditions, during the Warranty Period (as defined below) (the foregoing warranty, the “Limited Warranty”). We will honor your submission of a claim submitted in accordance with these Warranty Terms (such submission a “Warranty Claim”); provided, that, we may deny your Warranty Claim with respect to a particular product if you are not a Covered Purchaser, if the product is not a Covered Product, if a Warranty Claim is submitted following the expiration of the Warranty Period (as defined below), or if a Limited Warranty Exclusion (as defined below) applies.
- Covered Products and Purchaser. This Limited Warranty extends only to a Covered Product purchased by a Covered Purchaser. This Limited Warranty does not apply with respect to any person other than a Covered Purchaser.
- Warranty Period. This Limited Warranty starts on the date of shipment of the Covered Product by or on behalf of Gentex, or by or on behalf of one our authorized distributors, to the original purchaser of the Covered Product and lasts for (a) one year for all Covered Products (except device and neck battery pack) and (2) two years for the device and neck battery pack (the “Warranty Period”). Any Covered Product repaired or replaced under this Limited Warranty will be covered by the terms of this Limited Warranty solely for the remaining Warranty Period. The Warranty Period will not be extended in duration, nor will the Limited Warranty be expanded in coverage upon transfer of the product from the original purchaser to a subsequent owner.
2. Exclusions. This Limited Warranty will not apply: (a) if defects, damages, or failures or destruction, or destruction are caused by acts of God, including but not limited to lightening, flooding, tornado, earthquake, or fire/smoke damage; (b) if the defect was caused by damage that occurred while the Covered Product was in your possession or as a result of any abuse, misuse, mishandling, abnormal use, or use in violation of any applicable standard, code, and/or instructions for use and installation; (c) if the defect was caused by exposure of the Covered Product to temperatures or humidity outside of the recommended ranges set forth in the Covered Product technical specifications; (d) if the defect was caused by improper maintenance, installation, or repair of the Covered Product, including without limitation, any damage resulting from service, testing, adjustment, installation, maintenance, alteration, or modification to the Covered Product (including its associated software) in any way by someone other than eSight or its authorized distributors; (e) to Covered Products subject to interruptions or fluctuations in or unavailability of electric power; (f) for wear and tear expected to occur during the normal course of use; (g) if the defect was caused by a failure by the Covered Purchaser to implement any correction, modification, enhancement, improvement, or other update made available to the Covered Purchaser by Gentex; (h) to use of the Covered Product with items not provided or otherwise authorized in writing by Gentex; or (i) to products other than the Covered Products. Each of the foregoing exclusions is a “Limited Warranty Exclusion.”
3. Remedies. If at any time during the Warranty Period, the Covered Product fails to conform to the Limited Warranty and is not otherwise subject to a Limited Warranty Exclusion, as determined solely by Gentex, Gentex will, at Gentex’s discretion, (a) repair the defective Covered Product, (b) refund the original purchase price for the defective Covered Product, or (c) replace the defective Covered Product. Repair or replacement may be made with new or refurbished products or component parts (at Gentex’s option). If the Covered Product or component part is no longer available, Gentex may replace the Covered Product with a similar product with a similar function (at Gentex’s option). The foregoing sets forth Gentex’s entire liability and your sole and exclusive remedy for any breach of warranty under Section 1 of these Warranty Terms or any other defect or deficiency in eSight.
4. Submitting Warranty If eSight fails to conform to the Limited Warranty and is not otherwise subject to a Limited Warranty Exclusion, please submit a Warranty Claim. In connection with your Warranty Claim, you may be asked to provide, among other information: (a) your name, address, email address, and telephone number; (b) a copy of your receipt, bill of sale, or other comparable proof of purchase for the defective Covered Product; (c) a written description of the problem; (d) a picture of the defective Covered Product that includes the serial number; and (e) the name of the authorized distributor (if applicable) and the date of Covered Product purchase (“Purchase Information”). As further described below, if Gentex ultimately agrees that the Covered Product is defective, Gentex may issue a refund for the original purchase price or send a replacement.
Following receipt of your Warranty Claim submitted with required information in accordance with the procedure set forth above, Gentex will provide notice to you of Gentex’s decision as to whether to continue to review or deny your Warranty Claim. Gentex reserves the right to determine whether or not the Limited Warranty applies in Gentex’s sole discretion. If Gentex elects to continue to review your Warranty Claim, Gentex will provide a return merchandise authorization number and email a free shipping label to you. To obtain the benefits of the Limited Warranty, you must then return the Covered Product to Gentex using the provided shipping label provided by or on behalf of Gentex. Any returned product must be properly packaged in its original packaging. Gentex will pay any required shipping costs for Covered Products returned in accordance with the procedure set forth in these Warranty Terms and any additional instructions on how to return the Covered Product that you may receive from Gentex.
Following Gentex’s inspection of the Covered Product in accordance with the procedure set forth above, Gentex will provide notice to you of Gentex’s decision to send you a replacement or repaired product or component, issue a refund, or otherwise deny your Warranty Claim. If Gentex elects to send you a replacement or repaired product or component part, Gentex may provide you with a tracking number at the time of shipment or following shipment of the product or component part to you. Alternatively, if Gentex elects to issue you a refund, Gentex will refund the original payment method for the agreed amount unless an alternative payment method is otherwise agreed to by you and Gentex. If, as reasonably determined by Gentex, a product that is not eligible for a Warranty Claim is shipped to Gentex, Gentex will not be responsible for returning the product to you. Gentex has no warranty obligations with respect to such returned products.