1. Lapka Inc. (“Lapka”) provides the limited warranty (as described below) to the original retail purchaser (“you”), for each of the following Lapka personal environment monitor products (each, a “Product”): (1) the nitrate sensor (Organic) product, (2) the radiation sensor (Radiation) product, (3) the temperature and humidity sensor (Humidity) product, (4) the electromagnetic field sensor (EMF) product and (5) the combined set product containing each of the above products.

  2. Your Product is warranted by Lapka to be free of any material defects in materials or workmanship under normal use for the period of one (1) year from the date of original purchase (“Warranty Period”). Your sole and exclusive remedy (provided that you follow the RMA procedures below), and Lapka’s sole and exclusive liability under this warranty will be, at Lapka’s option, either to repair or replace the non-conforming Product so that it conforms with the above warranty, or if Lapka in its sole discretion determines it is not reasonable to repair or replace the Product, Lapka may refund to you the purchase price you paid for the Product. Any replacement Product may be new or refurbished. Any repair or replacement will not extend the Warranty Period. This limited warranty extends only to the original retail purchaser, and is not assignable or transferable to any subsequent purchaser or user.

  3. The foregoing warranty excludes damages resulting from: (a) normal wear and tear, (b) use not in accordance with instructions, (c) improper care, handling, or storage, or (d) accidents (including collision, fire, or the spillage of food or liquid), abuse, neglect, unusual stress, modification or repairs (other than by Lapka or its authorized agents).

  4. If your Product does not conform to the above warranty, you may return it (in the same packaging conditions in which it was delivered) directly to Lapka, provided you first notify Lapka in writing of the alleged defect during the Warranty Period and request a return material authorization (“RMA”) number. Within five (5) days after receipt of the RMA number, you must ship the following to Lapka: the Product, the RMA number, the proof of purchase, and a brief statement explaining the alleged defect. You shall bear the risk and cost of shipping the Product to Lapka. Any Product returned to Lapka without an authorized RMA number or proof of purchase may be returned to you, freight collect. If the Product does not conform to the above warranty, Lapka shall bear the risk and cost of shipping the repaired or replaced Product to you. If Lapka determines that the Product conforms to the above warranty, the Product may be returned to you, freight collect.

  5. EXCEPT AS SET FORTH ABOVE, THE PRODUCT IS PROVIDED “AS-IS” AND WE (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE PRODUCT: (A) WILL MEET YOUR REQUIREMENTS; OR (B) WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.

  6. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT, LOST DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCT, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE PRODUCT OR YOUR USE OF, OR INABILITY TO USE, THE PRODUCT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THE PRODUCT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), IN EXCESS OF THE AMOUNTS YOU’VE PAID LAPKA FOR THE PRODUCT (OR IF YOU HAVE NOT PAID LAPKA FOR THE PRODUCT, THE RETAIL PRICE FOR THE PRODUCT). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

  7. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE ABOVE WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.