Consumer Warranties and Limitations

Support:

Consumers can contact the Customer Service department at BodySound Technologies, Inc. (BTI) between 9:00AM and 5:00PM, Monday thru Friday, Central Time, for any warranty or service issues - call (877) 943-4041.

Non-warranty repair is available on a per incident basis. Customer Service at BTI will determine whether the unit requires Service Center repair, provide instructions for disassembly, shipping, and handling of the damaged part, and provide authorization to return the part to BTI. A per incident charge plus applicable repair, parts, shipping, and handling costs, and local tax will be charged for non-warranty repairs.

It is required that consumers have their serial number and dated proof of purchase (Purchase Agreement) available when they call. Once a consumer reaches a Customer Service representative, their account will be accessed or an account will be opened in the consumer's name with an account number assigned. This account number will be provided to the consumer for future reference. While the Customer Service representative handles most consumer inquiries during the initial call, in some instances the account will be assigned to a technical specialist for additional support.

All conversations with consumers, as well as Customer Service, and Service Center Management involvement related to the consumer's account are documented in our database for future reference. This documentation permits our management and employees to monitor the progress of individual calls and repairs and to measure the performance of our products and service levels to improve our products and services.

Repairs:

The products that BTI designs, manufactures, and sells are modular in nature for greater manufacturability, support, and servicing. This design feature allows BTI to service our customers more efficiently.

Instructions for module disassembly are provided in the Manual of Operations or can be accessed and downloaded directly from one of our websites. If you need additional support or have any questions during disassembly, please call Customer Service at BTI for assistance. After repair, Customer Service will provide instructions and phone assistance if necessary for product re-assembly.

Product Returns:

BTI Customer Service will only issue Return Material Authorization numbers (RMA numbers) for products being returned to BTI or its Service Center in Minnesota, for authorized repair and/or evaluation. BTI will not issue RMA numbers for, but not limited to:

Buyers remorse (unless purchased within 30 days from BTI directly),
Freight Damage for shipments to end-user, except for shipments direct from BTI or an authorized Affiliate, or
Products purchased from a reseller.

Any returns for the above circumstances require a written request to a Sales or Customer Service Manager at BTI for a return allowance.

Any allowed returns will be subject to credit deductions that are assessed in the returns and refurbishment process, which may include, but are not limited to: costs related to shipping, freight, and handling, restocking fee, inspection and evaluation, and refurbishment. Any allowed returns that include customer's own materials (COM) will be subject to an additional credit deduction for the associated costs of manufacture using COM. BTI is not responsible for any applicable duties, taxes, shipping and handling costs, and brokerage fees associated with returned parts or products.

Shipping to BTI:

For returns, the consumer is responsible for packing the product in the original box(es) or in approved packaging that is available for sale from BTI. Shipping and freight coverage for repairs under warranty requires scheduling with BTI and only includes "curb-side" pickup and delivery. Products received without a valid RMA number or one clearly marked on the box will be refused.

Consumers in other countries should first check with their own Customs Authority and register the merchandise before sending it to BTI for repair. Every country's Customs Authority has a different procedure and documentation for repairs, so it is important that this information is obtained prior to sending the product to the Service Center at BTI.

Consumer Warranties:

Products manufactured by BTI are backed by limited warranties. Subject to the limitations set forth in this Attachment, BTI warrants to the original purchaser (except in the case of a three-year warranty, then to subsequent purchasers as well) that the products sold hereunder shall be free from defects in materials and workmanship during the applicable warranty period. The warranty begins on the original purchase date if purchased from in-stock inventory through an authorized Affiliate location. If product was shipped from BTI directly to the consumer or to an Affiliate for that consumer the warranty begins five (5) days after the product was shipped from BTI to the original purchaser.

Products or parts thereof received by the Service Center at BTI receive a full inspection and diagnostic evaluation of all mechanical and electrical systems. Any systems found to be deficient are repaired or replaced automatically if covered under existing warranties, or the consumer is provided a quotation for service if not covered by an existing warranty.

Factory Service and Labor: BTI will supply packaging materials, if required, and cover return shipping to the Service Center at BTI, parts identified by this warranty, labor for repair work, and return shipping to the consumer when repairs are completed.

Frame: The metal frame includes back and seat steel frames with attached welded joints, motor mounts, brackets, and vertical spring mount plate, and arm and base horizontal steel spring mount plates (with attached welded tubes), and connecting bars. BTI will supply packing materials and repair parts covered by this warranty and return shipping to purchaser for repairs performed at our Service Center.

Modules: Modules include torsion springs and U-bolts, extendable leg rest supports with connecting bar and detent mechanism, power recline and leg rest motors, BodySound amplifier, BodyLink receiver, BodySound Control Link, Mini Link, head and spine speakers, arm and seat drivers, wooden armrest structures, and all associated cables. Modules do not include covering materials (Covering) or separation of the arm speaker box subassembly from the arm or spacer subassembly. When replacing a part that is covered by material, BTI will use the customer's original Coverings to the extent possible.

Cushions: Back, seat, and leg rest cushions with seat topper, including foam and any other stuffing, padding, and support materials. This does not include the covering materials. When replacing a part that is covered by material, BTI will use the customer's original Coverings to the extent possible.

For repairs related to Frame, Modules, and Cushions: BTI will repair the consumer's part or supply new or refurbished parts, at the option of BTI, as replacement parts in exchange for defective parts that are covered by this warranty. BTI will provide return shipping to the consumer for repairs performed at its Service Center. It is the consumer's responsibility to return the defective part(s) to BTI in the original packaging or in approved packaging that is available for sale from BTI. Any repair or replacement parts will be warranted for the remainder of the original manufacturer's warranty period or ninety (90) days from installation after repair by the Service Center at BTI, whichever is longer. Replacement parts or units provided to the consumer are the property of the consumer; the replaced parts or units become the property of BTI.

Coverings: Fabric materials that cover the back and seat cushions, seat topper, arms, and pillows and are otherwise used in covering parts of the product. It is the consumer's responsibility to return the defective part(s) to BTI. Any repair or replacement parts will be warranted for the remainder of the original manufacturer's warranty period or ninety (90) days from installation after repair by the Service Center at BTI, whichever is longer.

Three (3) Year Extended Warranty: BTI offers a transferable extended warranty program as outlined in the chart above. Extended warranty purchases are available within 90 days of purchase directly from our Customer Service Department if not purchased initially.

Consumer Warranty Limitations and Exclusions (Read Carefully):

All warranty start dates begin as specified above. No allowance or extension is offered for installation. Warranties do not apply to rental, business, commercial, institutional, or other non-residential users. Proof of purchase (Purchase Agreement) is required for all warranty repairs or service.

Warranties are only valid within the United States provided the equipment has been operated according to the instructions in the Operating Manual and not subject to misuse including accidental mishandling. The warranty only applies to the Product.

Fading, wear, and pilling of fabrics do not constitute defects under this warranty as those conditions naturally occur with fabrics. Natural markings, grain, and dye variations in covering materials do not constitute defects under this warranty as no two pieces of covering materials are alike.

Softening of foams and filling materials in pillows and pads do not constitute defects under this warranty as those items naturally change with use.

Shipping and freight coverage under this warranty requires scheduling with BTI and only includes "curb-side" pickup/delivery. It does not include any duties, taxes, brokerage, or other import/export fees.

For returns, the consumer is responsible for packing the product in the original box or in approved packaging that is available for sale from BTI. Products received without a valid RMA number or one clearly marked on the box will be refused.

WARRANTIES DO NOT COVER ANY LOSS OR DAMAGE RESULTING FROM: IMPROPER INSTALLATION, UNAUTHORIZED REPAIRS OR MODIFICATIONS, IMPROPER USE OF ELECTRICAL/POWER SUPPLY, LOSS OF POWER; DROPPED PRODUCT, A MALFUNCTION OR DAMAGE OF AN OPERATING PART FROM FAILURE TO PROVIDE MANUFACTURER'S RECOMMENDED MAINTENANCE; TRANSPORTATION DAMAGE; THEFT, ABUSE, MISUSE, NEGLECT, VANDALISM, OR ENVIRONMENTAL CONDITIONS (FIRE, FLOODS, RUST, CORROSION, SAND, DIRT, WINDSTORM, HAIL, EARTHQUAKE, OR EXPOSURE TO WEATHER CONDITIONS); LOSS OF USE DURING THE PERIOD THE PRODUCT IS AT A REPAIR FACILITY OR OTHERWISE AWAITING PARTS OR REPAIR. DAMAGE INCURRED DUE TO SHIPPING AND HANDLING DOES NOT CONSTITUTE A DEFECT UNDER THIS WARRANTY.

UNDER NO CIRCUMSTANCE SHALL BTI OR ITS REPRESENTATIVES BE LIABLE FOR INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, BODILY INJURY, MEDICAL, AND THE LIKE), EVEN IF ANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE WARRANTIES PROVIDED BY BTI HEREIN ARE NON-TRANSFERABLE (except to the extent otherwise specifically set forth herein) AND SHALL BE IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, infringement OR FITNESS FOR PARTICULAR USE. BTI'S SOLE LIABILITY AND THE PURCHASER'S EXCLUSIVE REMEDY SHALL BE FOR THE REPAIR, OR AT BTI'S OPTION, FOR THE REPLACEMENT OF THE DEFECTIVE PART. NOTWITHSTANDING THE ABOVE, IF REPLACEMENTS PARTS FOR DEFECTIVE MATERIALS ARE NOT AVAILABLE, BTI RESERVES THE RIGHT TO MAKE SUBTIITUTIONS IN LIEU OF REPAIR OR REPLACEMENT. Any oral or written statements concerning the products inconsistent with the warranties or limitations contained herein shall be of no force or effect.

November 22, 2008