Two-Year Limited Warranty

This Warranty Policy applies to new products purchased from OmniWave (the “Products”) and provides warranty coverage for our medical devices (the “Device” or “Devices”) and consumables (the “Consumables”), whether provided with a Device at the time of purchase or purchased separately, against material and manufacturing defects under the conditions set forth herein. This warranty is void if the Product is serviced, repaired, or opened by anyone other than OmniWave or an authorized OmniWave service provider.

1. Device Warranty

OmniWave warrants to the original purchaser of the Device (the “Purchaser”) that, under normal use and in accordance with the Device’s standard documentation, training materials, and clinical protocols, the Device will be free from material and manufacturing defects until the earlier of:

(a) the date that the Device has delivered 5,000,000 waves; or

(b) the date that is twenty-four (24) months following the date of delivery of the Device to the Purchaser.

This warranty does not apply to Consumables, which are covered under Section 2 below. This warranty does not apply to any Excluded Use (as defined in Section 3 below).

2. Consumables Warranty

OmniWave warrants to the Purchaser that Consumables, under normal use and in accordance with the Device’s standard documentation, training materials, and clinical protocols, will be free from material and manufacturing defects for a period of twelve (12) months following the confirmed date of delivery of the applicable Consumable. Consumables include, without limitation, applicator heads, handpiece cables, electrodes, and any other component designated by OmniWave as a Consumable.

Consumables must be OmniWave-authorized components. Use of any third-party or non-authorized consumable with the Device voids this Consumables Warranty in full and may void the Device Warranty under Section 3.

3. Excluded Use

OmniWave does not warrant that the electronic or software operation of the Product will be uninterrupted or error-free, or that all such errors will be corrected. None of the limited warranties set forth in this Warranty Policy apply to any of the following, as reasonably determined by OmniWave (“Excluded Use”):

(a) Products or parts that have been altered, modified, opened, disassembled, or tampered with by anyone other than OmniWave or an authorized OmniWave service provider — including any attempt to alter the Product’s functionality, capability, output, or firmware;

(b) damage or malfunction caused by physical impact, including but not limited to drops, blunt force, crushing, or transport damage;

(c) damage caused by accident, abuse, liquid contact, fire, electrical surge, or any other external cause or misuse;

(d) use of the Product outside the clinical protocols, treatment parameters, or indications for which the Purchaser has been trained by OmniWave or an authorized OmniWave trainer;

(e) use of the Product with any third-party component, cable, applicator, or consumable not authorized in writing by OmniWave;

(f) overuse beyond the wave-count ceilings set forth in Sections 1 and 2;

(g) cosmetic damage, including but not limited to scratches, dents, discoloration, or other wear that does not affect the functional performance of the Device;

(h) defects caused by normal wear and tear or the normal aging of the Product, unless such wear is the direct result of a defect in materials or workmanship;

(i) failure to follow the usage, handling, storage, cleaning, or transport guidelines provided by OmniWave;

(j) damage caused by use of the Product with any other product or accessory not supplied or expressly authorized by OmniWave; or

(k) Products whose housings have been opened or whose tamper-evident seals have been broken.

4. Exclusive Remedy and Limitation of Liability

REPAIR OR REPLACEMENT, AT OMNIWAVE’S ELECTION, IS THE EXCLUSIVE REMEDY OF THE PURCHASER UNDER ALL LIMITED WARRANTIES SET FORTH IN THIS WARRANTY POLICY. EXCEPT FOR THE LIMITED WARRANTIES EXPRESSLY STATED HEREIN, OMNIWAVE MAKES NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, IN FACT OR BY LAW, WHETHER OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR OTHERWISE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OMNIWAVE OR ELSEWHERE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS WARRANTY POLICY. THE PURCHASER’S SOLE AND EXCLUSIVE REMEDY UNDER ANY LIMITED WARRANTY SHALL BE PRODUCT REPAIR OR REPLACEMENT AS PROVIDED HEREIN.

OMNIWAVE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY NATURE WHATSOEVER. OMNIWAVE IS NOT RESPONSIBLE FOR ANY LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, OR LOSS OF PATIENTS. OMNIWAVE IS NOT RESPONSIBLE FOR ANY DAMAGE TO PROPERTY OR PERSONS CAUSED BY THE PURCHASER’S USE OF THE PRODUCTS, INCLUDING ANY FAILURE TO UNDERSTAND THE FUNCTIONALITIES OF THE PRODUCT OR FAILURE TO DETERMINE THE SUITABILITY OF THE PRODUCT FOR THE PURCHASER’S INTENDED USE.

IN NO EVENT WILL OMNIWAVE’S TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNT PAID BY THE PURCHASER FOR THE PRODUCT GIVING RISE TO THE CLAIM.

The foregoing limitations will apply even if any warranty or remedy provided under this Warranty Policy fails of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, or limitations on how long an implied warranty lasts, so the above limitations may not apply to the Purchaser in full.

5. Transferability

The limited warranties set forth in this Warranty Policy are not transferable or assignable except with OmniWave’s prior written approval, which may be granted or withheld in OmniWave’s reasonable discretion. Any purported transfer or assignment not made in accordance with this Section 5 voids all limited warranties. Warranty coverage applies only to the original Purchaser and the original shipping address on file with OmniWave, unless otherwise agreed in writing.

6. How to Obtain Warranty Service

To obtain warranty service, the Purchaser must contact OmniWave Customer Support in writing at [email protected] within thirty (30) days following the Purchaser’s discovery of any defect. The Purchaser must include:

• The Device serial number and, if applicable, the Consumable part number and lot number;
• The original invoice or proof of purchase;
• A written description of the defect, the circumstances under which it occurred, and any diagnostic information displayed by the Device;
• Photographs or video of the defect, where reasonably possible; and
• Operator training status for the individuals using the Device.

Upon receipt of a claim, OmniWave will work with the Purchaser in good faith to diagnose the issue, including by remote support, video consultation, or phone troubleshooting where appropriate, before requiring that the Product be shipped for inspection. OmniWave Customer Support will review the claim and, if the Product is covered under this Warranty Policy and not subject to any Excluded Use, will issue a Return Merchandise Authorization (“RMA”). OmniWave will determine, in its reasonable discretion, whether to repair or replace the Product. Any replacement will be made with the same or a substantially similar Product of equal or greater value and will not be made in cash, credit, or any other form. All repaired or replaced Products will be covered under the remaining term of the applicable original limited warranty.

If OmniWave determines that the Product is not covered under this Warranty Policy, OmniWave will notify the Purchaser and provide available service, repair, or replacement options on a fee basis. Fraudulent claims void all limited warranties in full.

7. Shipping, Logistics, and Service Terms

The Purchaser is responsible for all shipping, insurance, customs, and handling charges associated with returning a Product to OmniWave for warranty service and for the return of the repaired or replaced Product to the Purchaser. The Purchaser must ship the Product in its original packaging, or in packaging of equivalent protective quality, using a tracked and insured carrier. OmniWave is not responsible for damage or loss occurring during transit to OmniWave’s designated service facility.

Loaner units may be provided on a case-by-case basis, at OmniWave’s reasonable discretion, subject to availability and any applicable loaner terms and deposit requirements.

Any Product shipped to OmniWave without a valid RMA may be refused, returned at the Purchaser’s expense, or assessed additional handling fees.

8. Modification of this Warranty Policy

OmniWave may modify this Warranty Policy at any time, for any reason, in its reasonable discretion. Revisions will be effective as of the date posted. OmniWave will use commercially reasonable efforts to provide notice of material changes. Modifications will not apply retroactively to Products already purchased; the Warranty Policy in effect on the date of the Purchaser’s original Product delivery will govern that Product.

9. Governing Law and Entire Agreement

This Warranty Policy is governed by the laws of the State of Florida, without regard to its conflict of laws principles. Any dispute arising under or relating to this Warranty Policy shall be brought exclusively in the state or federal courts located in Miami-Dade County, Florida, and the parties consent to the personal jurisdiction of those courts.

This Warranty Policy, together with the Purchaser’s written purchase agreement with OmniWave, constitutes the entire agreement between the parties with respect to warranty coverage and supersedes all prior or contemporaneous oral or written agreements regarding such coverage. This Warranty Policy is independent of any other agreement, program, or commercial commitment between the Purchaser and OmniWave. Nothing in any such other agreement, program, or commitment modifies, expands, or limits this Warranty Policy, and nothing in this Warranty Policy modifies, expands, or limits any such other agreement, program, or commitment.

10. Contact

OmniWave Customer Support

Email: [email protected]

Warranty claims: include RMA request, serial number, and proof of purchase.

OmniWave is a DBA of Elorsa LLC. All rights reserved.