1.1 These terms and conditions apply to all sales and use of the LapStacker® (also referred to as the ‘product’). By purchasing or using the LapStacker® you agree to these terms and conditions. If you do not wish to agree to these terms, you may return the LapStacker® to Adaptdefy Limited (Adaptdefy) within 14 days from the date of delivery, un-used, and in its original packaging.
1.2 Adaptdefy reserves the right to update and amend the terms, conditions, and notices under which the LapStacker® is offered from time to time.
1.3 By accepting these terms and conditions you will be taken to have read and understood the LapStacker® Installation and User Guide. Failure to comply with the LapStacker® Installation and User Guide shall result in the Limited Lifetime Warranty (and to the maximum extent possible, any other warranty required by law) being void.
2 Limited Lifetime Warranty
2.1 A manual wheelchair’s commonly accepted life is 5 years. Therefore the LapStacker® is warranted against any defects in materials and workmanship for a period of 5 years from the date of purchase (Limited Lifetime Warranty).
2.2 In the event of:
2.2.1 a defect or failure covered by this Limited Lifetime Warranty;
2.2.2 a defect or failure covered by any warranty or guarantee required by applicable legislation, regulation, law, or otherwise; or
2.2.3 any other matter for which Adaptdefy is found liable,
Adaptdefy will, at its option, repair or replace the LapStacker® at its cost. To the maximum extent possible under applicable law, this shall be your sole remedy in contract and tort to the exclusion of all other remedies that may otherwise be available to you.
2.3 This Limited Lifetime Warranty is subject to compliance with the LapStacker® Installation and User Guide, and the Limitations and Exclusions.
3 Limitations and Exclusions
3.1 Except to the extent prohibited or otherwise required by applicable consumer law, and except as provided in the Limited Lifetime Warranty set out under paragraph 2, all warranties, representations and guarantees in relation to the LapStacker® are excluded, including without limitation in regards to suitability, fitness for purpose, or quality.
3.2 The Limited Lifetime Warranty set out under paragraph 2, together with Adaptdefy’s liability under any other warranty, guarantee, duty, or obligation imposed by applicable legislation, regulation, law, or otherwise, shall be voided (to the fullest extent possible) by any of the following:
3.2.1 the product not being used, operated, or installed in accordance with the LapStacker® Installation and User Guide and any other LapStacker® specifications, manuals, instructions or other written (including online) material made available by Adaptdefy;
3.2.2 contributory negligence by you or someone other than Adaptdefy;
3.2.3 the product being packaged, labelled, modified, or sold by someone other than Adaptdefy or Adaptdefy’s authorised distributors and resellers;
3.2.4 normal wear and tear, damage due to misuse, improper installation, unlawful use, reprocessing, alteration, unauthorized repair, negligent handling or use, commercial or institutional use, storage, or cleaning of the product.
3.3 To the fullest extent possible under applicable law, in no event shall Adaptdefy be liable for any:
3.3.1 damage caused to a wheelchair, other mobility device, or items being fastened by the LapStacker® as a result of improper, careless, or negligent installation or use of the LapStacker®; or
3.3.2 injury or death as a result of improper, careless, or negligent installation or use of the LapStacker®; or
3.3.4 direct, indirect, punitive, incidental, special or consequential damages or loss, or similar types of loss or damage of any kind.
3.3.5 To the fullest extent possible under applicable law, the total liability for Adaptdefy shall not exceed the purchase price for the LapStacker®.
4.1 These terms and conditions constitute the entire agreement, understanding and arrangement (express and implied) in respect of Adaptdefy’s liability in respect of the LapStacker® to the exclusion of all other Agreements, arrangements, understandings or representations, whether express or implied, and therefore supersedes any prior agreements, arrangements, understandings and representations in respect of such matters of any nature whatsoever.
4.2 If any part of these terms and conditions is determined to be void, invalid, unenforceable or illegal, including but not limited to the Limited Lifetime Warranty and Limitations and Exclusion set out above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.
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Limited Lifetime Warranty, Limitations and Exclusions – updated 07/11/2020