Ovulationclear warrants to the original retail purchaser that each product sold at retail will be free from any defects in material or workmanship for a period of one (1) year from the date of purchase. During the limited warranty period, Ovulationclear will, at its sole election, either repair or replace any Ovulationclear fertility monitor which in the sole judgment of Ovulationclear is shown to be defective in material or workmanship. Ovulationclear limited warranty covers only those defects that arise as a result of normal use of the product and does not cover any other problems, including those that arise as a result of: (i) improper usage or modification, ii) cleaning, handling or storage. In order to claim the benefit of this limited warranty, the original retail purchaser must notify Ovulationclear in writing within thirty (30) days after such defect is discovered. This limited warranty extends only to purchaser of a new Ovulationclear Fertility Monitor and not to any subsequent acquirer. The liability of Ovulationclear under its limited warranty shall be limited to repair or replacement at Ovulationclear's option as set out in its limited warranty. If in the sole judgment of Ovulationclear repair or replacement of the product is not practicable, then Ovulationclear may refund the retail purchase price, but in any event, Ovulationclear 's liability shall not exceed the retail purchase price of the product which is claimed to be defective. Ovulationclear expressly excludes all liability for consequential and incidental damages, including lost profit arising from the design, sale or use of its products, even if Ovulationclear has been advised of the possibility of such damages in advance.
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