This Limited Warranty and Disclaimers agreement governs the sale, warranty, and disclaimers related to the products sold by DermaJEM LLC (“Seller”) and purchased by you (“Buyer”). 

• “As is” SALE. Except as expressly provided in this warranty policy, all equipment sold by Seller is provided “as is” and “with all faults.” Buyer acknowledges that Seller disclaims all implied warranties, including but not limited to implied warranties of merchantability or fitness for a particular purpose. 

1. 1. WARRANTY COVERAGE. Seller warrants that all equipment sold is free from defects in materials and workmanship under normal use and service, subject to the conditions outlined below. If a defect arises, Seller will, at its discretion, repair or replace the defective part or unit and return it to Buyer. 
      1. Warranty Commencement: The warranty period begins upon the Buyer’s receipt of the device but will not be activated until the Buyer completes a required one-on-one training session with the Seller’s trainer. Completion of Seller’s DermaJEM University pre-training portal does not activate the warranty. The required training must occur within the first thirty (30) days of receipt of the device. Scheduling of the training shall be the sole responsibility of Buyer. Failure to complete the required training may delay or invalidate the warranty coverage.
      2. Exclusions: This warranty does not cover normal wear and tear, accessories, or other consumables, including but not limited to wands, handpieces, tips, filters, and cables. It also does not apply to damage resulting from misuse, neglect, improper handling, or lack of maintenance. Equipment that has not been properly cleaned and disinfected after each use may be deemed improperly maintained, voiding the warranty. Any unauthorized repairs, modifications, or use of non-approved parts or accessories will also result in warranty voidance.
      3. Improper Maintenance Voidance: The warranty is void if the Buyer fails to perform regular and recommended maintenance as outlined in the Seller’s guidelines provided to the Buyer. Seller reserves the right to request documentation of regular maintenance from the Buyer, inspect devices returned for service, and determine whether improper maintenance contributed to the failure.
      4. Shipping Responsibility: If warranty service is required, the Buyer is responsible for all costs associated with shipping the device to the Seller for maintenance or repairs. The seller will be responsible for shipping costs up to Fifty Dollars USD ($50.00) for returning the equipment to the Buyer once repairs are completed; any additional return shipping costs beyond this amount must be paid by the Buyer.
      5. Maintenance and Warranty Compliance: To ensure continued warranty coverage, Buyer must: (i) follow all recommended maintenance procedures provided by Seller, (ii) use only approved accessories and consumable specified by Seller, (iii) book and complete the require training session to activate the warranty within thirty (30) days from device delivery, and (iv) properly clean and disinfect the equipment after each use, as failure to do so may result in warranty voidance under Section 2(c), above.

• Limitations of Remedies. Seller’s sole obligation under this warranty is limited to repair or replacement of the defective product or component, at Seller’s discretion. This shall be the Buyer’s exclusive remedy for any claim arising out of the purchase or use of the equipment. Under no circumstances shall Seller be liable for any loss of use, lost profits, or interruption of business, nor for any indirect, incidental, special, or consequential damages, even if Seller has been advised of the possibility of such damages (for further limitations see Section 10, below). Seller’s total liability shall not exceed the purchase price of the equipment. Buyer acknowledges that the limitations of remedies set forth in this section are fundamental terms of this agreement and a basis of Seller’s willingness to sell the equipment. In the unlikely event multiple repairs are required, Buyer is not entitled to a replacement unit. The primary remedy under this warranty is repair, and replacement remains solely at Seller’s discretion. The fact that repairs are necessary does not entitle Buyer to demand a new unit. Buyer acknowledges that the limitations of remedies set forth in this section are fundamental terms of this agreement and a basis of Seller’s willingness to sell the equipment.

• Disclaimer of Express Warranties. Any affirmation of fact or promise made by Seller shall not be deemed to create an express warranty that the goods shall conform to the affirmation or promise; any description of the goods is for the sole purpose of identifying them and shall not be deemed to create an express warranty that the goods shall conform to such description; any sample or model of the goods is for illustrative purposes only and shall not be deemed to create an express warranty that the goods shall conform to the sample or model; and no affirmation or promise, description, or sample or model shall be deemed part of the basis of the parties’ bargain.

• Disclaimer of Implied Warranties. THIS SALE IS MADE ON THE EXPRESS UNDERSTANDING THAT THERE IS NO IMPLIED WARRANTY THAT THE GOODS SHALL BE MERCHANTABLE OR AN IMPLIED WARRANTY THAT THE GOODS SHALL BE FIT FOR ANY PARTICULAR PURPOSE. THE BUYER ACKNOWLEDGES THAT IT IS NOT RELYING ON THE SELLER’S SKILL OR JUDGMENT TO SELECT OR FURNISH GOODS SUITABLE FOR ANY PARTICULAR PURPOSE AND THAT THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF THE GOODS ON THE FACE HEREOF.

• Exchange or Refund. Any exchanges or refunds shall be at the sole discretion of Seller and are subject to all provisions set forth in Seller’s Refund Policy, incorporated by reference herein.

• Material and Workmanship Warranty – Remedy limited to Repair or Replacement. Seller warrants to the original purchaser that the device provided by Seller shall be free from defects in material and workmanship under normal use and service. Seller’s obligation under this warranty shall be limited to the repair of any product, part or parts which may prove defective under normal use and service within thirty (30) months from date of delivery (provided the warranty was timely activated pursuant to Section 2(a), above), and which Seller’s examination shall disclose to its satisfaction to be defective.

• Warranty Claims and Customer Support. If Buyer experiences an issue with the equipment, Buyer must contact DermaJEM’s Customer Care Department for troubleshooting assistance within ten (10) days of the issue first occurring. If troubleshooting does not resolve the issue, Buyer must submit a written warranty claim within thirty (30) days from the date of the initial malfunction or issue. Warranty claims must be submitted in writing via email to customercare@dermajem.com with “Warranty Claim” and the order number in the subject line. Failure to notify Seller within the required timeframe may result in warranty voidance. Continued use of a malfunctioning device after an issue has been identified may cause additional damage, which is not covered under warranty. 

• Statutory Compliance of Goods. Seller warrants that no device or equipment covered under this agreement will, at the time of shipment or delivery, be adulterated or misbranded within the meaning of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.) or any applicable state or municipal law in which the definitions of adulteration and misbranding are substantially the same as those contained in the Act, as such laws exist at the time of shipment or delivery. Seller also warrants that no such device or equipment will be an article that, under the provisions of the Act, may not be introduced into interstate commerce. This warranty is a continuing warranty and shall be binding upon Seller with respect to all devices and equipment that Seller ships or delivers to Buyer, including goods in transit, before Buyer’s receipt of written notice of revocation of this warranty.

• Disclaimer of Warranties and Consequential Damages. THE WARRANTY PROVIDED IN THIS ARTICLE AND THE OBLIGATIONS AND LIABILITIES OF SELLER THEREUNDER ARE EXCLUSIVE AND IN LIEU OF, AND BUYER HEREBY WAIVES, ALL OTHER REMEDIES, WARRANTIES, GUARANTIES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY OBLIGATIONS OF THE SELLER WITH RESPECT TO FITNESS, MERCHANTABILITY AND CONSEQUENTIAL DAMAGES) OR WHETHER OR NOT OCCASIONED BY SELLER’S NEGLIGENCE. THIS WARRANTY SHALL NOT BE EXTENDED, ALTERED, OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY SELLER AND BUYER. THE PARTIES ALSO AGREE THAT, REGARDLESS OF THE FAILURE OF THE SOLE AND EXCLUSIVE REMEDY, SELLER WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE. THE PARTIES INTEND THE EXCLUSION OF CONSEQUENTIAL DAMAGES AS AN INDEPENDENT AGREEMENT APART FROM THE SOLE AND EXCLUSIVE REMEDY HEREIN.

• Governing Law. This Agreement will be governed by and interpreted in accordance with the laws of the State of Florida, without giving effect to the principles of conflicts of law of such state. The Parties hereby agree that any litigation arising out of this Agreement will be brought solely in any state or federal court located in Broward County, Florida. Both Parties hereby submit to the exclusive jurisdiction and venue of any such court. 

• Dispute Resolution. If there is any dispute arising out of this Agreement, the Parties shall first attempt to resolve the dispute amicably before initiating any legal action. If there is no amicable resolution within thirty (30) days of either’s Party’s first attempt to resolve the aforementioned dispute, Seller shall have the option, in its sole discretion, to agree to participate in formal mediation conducted by a certified mediator. If mediation is agreed to by Seller, the Parties agree that they will meaningfully participate in mediation. If there is no resolution at mediation or mediation is not completed within sixty (60) days after either Party’s first attempt to resolve the dispute, the Parties may proceed to litigation. Each party shall bear their own legal fees and costs.