Live Active Five® Portable Oxygen Concentrator

Precision Medical Limited Warranty

Precision Medical, Inc. (the “Company”) warrants that each new Live Active Five® and the related accessories and replacement parts (each a “Product” and collectively, the “Products”), in each case purchased from the Company or its authorized distributor, shall be free from defects in materials and workmanship under normal use and service and when correctly maintained for the periods shown from the date of shipment (“Original Shipment Date”) to the original purchaser (“Purchaser”), except as otherwise set forth herein. Subject to exclusions set forth herein, the applicable warranty coverages are set forth in the table below.

Product Warranty Period

• Live Active Five® New: Three (3) years from Original Shipment Date
• Live Active Five® Sieve Bed Assembly: One (1) year from Original Shipment Date
• Standard Accessories (batteries, AC power supply, DC power supply, accessory bag, POC carry bag): One (1) year from Original Shipment Date
• Repaired and Replaced Products and Accessories: Later of ninety (90) days from Original Ship Date or remaining warranty period
• Disposables (cannulas, filters, tubing): No warranty

Warranty coverage limited to batteries that fall below 80% of associated rated capacity when fully charged. For all product warranty claims hereunder, purchaser shall contact Precision Medical Inc. authorized distributor or, if the product was purchased directly from Precision Medical Inc., purchaser shall contact Precision Medical Inc. Purchaser’s original purchase receipt for the Product is required for the limited warranties hereunder to be effective. For any limited warranty set forth herein to be effective, Purchaser shall inspect each Product within five (5) days of delivery and before such Product is placed into use. Purchaser agrees that the warranties provided by the Company with respect to any Product are subject to use of the Product in accordance with the Company’s instructions as provided and that failure to do so shall void the warranties. The Company’s sole liability and Purchaser’s sole and exclusive remedy arising out of or relating to the products, including for a breach of warranty, is limited to, at the Company’s sole option, repair or replacement of the Product or part thereof which is returned to the Company at Purchaser’s expense. This warranty shall apply only if Purchaser notifies the Company in writing, including email transmission, of the defective Product promptly after the discovery of the defect and within the warranty period. Products may be returned only by Purchaser and only when accompanied by an RGA reference number issued by the Company. The Company will not be responsible for any alleged breach of warranty which the Company determines to have arisen from a cause not covered by this warranty including, but not limited to, those exceptions listed below. The Company shall make the final determination as to the existence and/or cause of any alleged defect. For full details of return policy and process, see Return Policy. Defects and/or damage resulting from the following are expressly and specifically excluded from any warranty coverage hereunder:

• Improper operation, improper storage, misuse, accident, alteration, abuse, neglect and/or physical damage, including, but limited to, exposure to presence of pollutants, smoke or fumes;
• Ingress of liquids, sand, dirt, food, insects, animals or other foreign objects into the Product;
• Exposure to unusual physical, thermal or electrical stress;
• Use in a manner that constitutes abnormal usage or conditions;
• Failure to follow recommended preventative maintenance;
• Unauthorized installation, repair or modification; Use of parts, materials and accessories not
  provided or authorized by the Company;
• Acts of God and/or other acts or conditions not in the control of the Company.

Moreover, warranty coverage shall not be extended to Products for which (i) the serial number label has been removed, altered or destroyed; (ii) tamper evident seals are broken; or (iii) mismatched serial numbers or revised combinations.

THE LIMITED WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO REPRESENTATION OR STATEMENT OF THE COMPANY MAY CHANGE OR ALTER THIS LIMITED WARRANTY, UNLESS AGREED TO AND AUTHORIZED IN WRITING BY THE COMPANY.

The Company shall not be liable for any commercial losses, loss of revenues or profits, loss of goodwill, inconvenience, or exemplary, special, incidental, indirect, consequential or punitive damages whatsoever, or claims of third parties, regardless of the form of any claim, whether in contract or tort, whether from breach of this warranty, or defective equipment, or loss of data or from any other use, even if the Company has been advised or should be aware of the possibility of such damage. The Company’s liability for loss or damages shall not exceed the purchase price paid by Purchaser for the particular Product giving rise to such liability.

The Company shall not be responsible for delays or failures in its performance resulting from Acts of God, war, riot, fire, explosion, accident, flood, sabotage, inability to obtain fuel, power, raw material or machinery, governmental laws, regulations, or labor disruption, strike, lockout or injunction, acts or omissions beyond the Company’s control, including delays of suppliers or technical failure. If any such delay or failure occurs, the Company may allocate Products among the Company’s customers at its sole discretion.

The validity, interpretation, and performance of these terms and conditions shall be governed by and construed under the applicable laws of the State of Pennsylvania as if performed wholly within the state and without giving effect of the principles of conflict laws.

Any additional action to enforce any provisions of the Limited Warranty may be commenced only in state or federal courts of Pennsylvania and exclusive jurisdiction of the Commonwealth of Pennsylvania.

This warranty is not transferable. Retain original receipt or PO number for valid proof of purchase.

For warranty or repair service, contact the Company customer service at support@precisionmedical.com.