Warranty

Warranty – Limited Warranty (2 Year Warranty from date of purchase)

For the applicable warranty period, LumiraDx warrants, to the original purchaser only, that each product shall be (i) of good quality and free of material defects, (ii) function in accordance with the material specifications referenced in the Product Insert or Instrument User Manual, and (iii) approved by the proper governmental agencies required for the sale of products for their intended use (the “limited warranty”). If the product fails to meet the requirements of the limited warranty, then as customer’s sole remedy, LumiraDx shall either repair or replace, at LumiraDx’s discretion, the Instrument or Test Strips, as applicable. Except for the limited warranty stated in this section, LumiraDx disclaims any and all warranties, express or implied, including but not limited to, any warranty of merchantability, fitness for a particular purpose and non-infringement regarding the product. LumiraDx’s maximum liability with any customer claim shall not exceed the net product price paid by customer. Neither party shall be liable to the other party for special, incidental or consequential damages, including, without limitation, loss of business, profits, data or revenue, even if a party receives notice in advance that these kinds of damages might result. The limited warranty above shall not apply if the customer has subjected the LumiraDx Instrument or Test Strips to physical abuse, misuse, abnormal use, use inconsistent with the LumiraDx Instrument User Manual or Product Insert, fraud, tampering, unusual physical stress, negligence or accidents. Any warranty claim by customer pursuant to the limited warranty shall be made in writing within the applicable limited warranty period.