Warranty

WARRANTY

Every Vary Systems product includes a Limited Lifetime Warranty. Details are as follows:

If any portion of the Vary Board, snaps, breaks, or fails due to manufacturing defects we will replace it free of charge within 90 days. After 90 Days we will replace any portion of the Vary Board up to 5 years after original ownership is proven. * If any band or hardware snaps, breaks or fails in the first 90 days we will repair or replace it Free of charge* (Shipping to our facility for repair is paid by customer) *Free replacements do not apply to
bands or Vary Board parts being used for commercial purposes or bands or VaryBoard parts that have been abused or misused.

IMPLIED WARRANTY

By buying authentic Vary Systems products, you are hereby given at a minimum and at any time (irrespective of express disclosures), at least all Minimum Statutory Warranties (“MSWs”) imposed and required by law in your country, county, state, province, city, or location (your “Jurisdiction”). MSWs are defined as warranties, including warranties of merchantability, of fitness for a particular purpose, or any warranty alleged to arise from course of dealing, course of performance or usage of trade. Warranty of merchantability, for example may include warranty against infringement in your Jurisdiction.

VARY SYSTEMS SOLE DISCRETION OF REPLACEMENT, CREDIT OR REFUND

Unless required by a MSW in your Jurisdiction, if Vary Systems determines that your product is subject to warranty coverage as stated in this warranty policy, Vary Systems reserves the right in its sole discretion: (a) replace your Vary Systems product, in whole or in part, with another Vary Systems product that is similar in function as the warranty-covered Vary Systems product; (b) offer credit in an amount determined by Vary Systems that can be used to purchase Vary Systems products on the Vary Systems website; or (c) refund the purchase price to the original purchaser. Vary Systems may, at its discretion repair or replace any warranty-covered product.

WARRANTY AS SOLE REMEDY; CONSEQUENTIAL DAMAGES OR OTHER DAMAGES NOT COVERED

Regardless of the type of use, the Vary Systems warranties shall be the exclusive and sole remedy available to you as the purchaser or the first recipient of an unopened product purchased by another for your sole benefit. Unless required by a MSW in your Jurisdiction, consequential and incidental damages are not recoverable under this limited warranty.

WARRANTY EXCLUDED FOR COUNTERFEIT, GRAY MARKET OR RESOLD GOODS

There is a large volume of counterfeiters around the world that will claim to sell genuine Vary Systems products, and purchasers should beware of these products because they may be unsafe and of poor quality. Vary Systems only sells VarySystems products. Vary Systems will only provide the warranties set forth in this policy for genuine Vary Systems products that sells it directly through its website or through its authorized distributors, dealers and retailers (including e-commerce channels or brick and mortar locations). If you have purchased a Vary Systems product through a “gray market” transaction (i.e., genuine product from an unauthorized source) or your Vary Systems product has been resold to you by an unauthorized party or an original purchaser who has used the Vary Systems product and then resold it to you, the warranties are voided and you waive all warranties, except where required by a MSW in your Jurisdiction.