LapStacker Warranty & Disclaimer

1. Overview

1.1 These terms and conditions apply to all sales and use of LapStacker (also referred to as the ‘product’). By purchasing or using LapStacker you agree to these terms and conditions. If you do not wish to agree to these terms, you may return your 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 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 Guide. Failure to comply with the LapStacker Installation Guide shall result in the Warranty (and to the maximum extent possible, any other warranty required by law) being void.

2. Warranty

2.1 LapStacker is warranted against any defects in materials and workmanship for a period of 1 year from the date of purchase.

2.2 In the event of:

2.2.1 a defect or failure covered by this 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 Warranty is subject to compliance with the LapStacker Installation 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 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 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 Guides 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. General

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 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.

LapStacker Warranty & Disclaimer– updated 02 October, 2024