Invisible Hand Enterprises, LLC DBA ToughWare Prosthetics (“Company”) warrants to the original owner-user that the purchased products will be free from defects in material or workmanship. This warranty and the implied warranties of merchantability and fitness for a particular purpose are limited to twelve (12) months from the date of purchase, whether or not actual use begins on that date, or twelve (12) months from date of shipment by Company, whichever occurs last. Some states may not allow limitations on how long implied warranties last, so the limitation of implied warranties may be limited in its applicability to you.
Limitations & Exclusions
Company’s obligations under this warranty and the sole remedy for its breach are limited to repair, at its facility, of any part or parts of its products which are defective; or, in Company’s sole discretion, replacement of such product. Notification shall be made to Company for all returns using one of the following means: correspondence by mail to ToughWare Prosthetics, PO Box 350055, Westminster, Colorado 80035-0055; email to Info@toughwareprx.com; or calling 1-720-775-7884. Company shall subsequently provide notification of the address to mail the defective product, postage pre-paid, for service or repairs. Serviced product and/or replacement parts will be return shipped by the Company.
1. The warranty provided herein covers any defects in materials or workmanship, charges for labor or other costs incurred in the troubleshooting, repair, service or handling of parts or complete products.
2. The warranty provided herein shall be void and of no effect in the event that (a) the product has been subjected to misuse, neglect, accident, improper or inadequate maintenance, corrosive environments [e.g. acids, alkalis, oxidizers]; (b) unauthorized modifications are made to the product; or (c) the product is not installed or operated in compliance with the Company’s printed instructions.
3. All claims under the warranty provided herein must be made within ninety (90) days from the date of discovery of the defect. Failure to notify the Company of a warranted defect within ninety (90) days of its discovery voids the Company’s’ obligations hereunder.
4. The warranty provided herein is for repair or replacement only. The Company shall not be liable for any loss, cost, damage, or expense of any kind arising out of a breach of the warranty. Further, The Company shall not be liable for any incidental, consequential, exemplary, special, or punitive damages, nor for any loss of revenue, profit or use, arising out of a breach of this warranty or in connection with the sale, maintenance, use, operation, or repair of any Company product. In no event will the Company be liable for any amount greater than the purchase price of a defective product. The disclaimers of liability included in this paragraph shall remain in effect and shall continue to be enforceable in the event that any remedy herein shall fail of its essential purpose. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
6. THIS WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR THE COMPANY’S PRODUCTS, THIS CATALOG, OR THE CONTENT HEREIN, AND IS IN LIEU OF ALL OTHER EXPRESS AND IMPLIED WARRANTIES. THE COMPANY SPECIFICALLY DISCLAIMS ANY AND ALL OTHER WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE EXCEPT AS STATED ABOVE, ACCURACY OF PRODUCT DESCRIPTIONS, AND THOSE ARISING BY STATUTE OR BY LAW, OR FROM A COURSE OF DEALING OR TRADE USAGE, IN CONNECTION WITH THE BUYER’S PURCHASE OF ANY COMPANY PRODUCT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THIS WARRANTY MAY BE LIMITED IN ITS APPLICABILITY TO YOU.
7. No person or entity is authorized to bind the Company to any other warranty, obligation, or liability for any Company product. Purchase or use of a Company product for which this warranty is issued shall constitute acceptance of the terms hereof.
8. This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.
ToughWare Prosthetics is a legally registered trade name of Invisible Hand Enterprises, LLC.
ToughWare Prosthetics reserves the right to change or discontinue products at any time without notification.
Santoprene® is a registered trademark of Advanced Elastomer Systems, L.P.
EMS Grivory® is a registered trademark of EMS-CHEMIE HOLDING AG, Switzerland.