PRODUCT PERFORMANCE DISCLAIMER
The Alarm Pendant is reliant on the cellular phone service provider’s bluetooth connection & GSM network coverage to make and receive phone calls, and to send SMS messages to the nominated mobiles and to provide GPS positioning. These services may vary between service providers and locations where usage may occur.
The User is responsible for providing a compatible Smart Phone that has credit for a data connection, SMS & phone capability.
The Alarm Pendant ( has ‘serious fall detection’; however, the activation depends on the angle and velocity the tracker hits the ground. Therefore, if the user slides down a wall or falls not allowing the Medical Alert Alarm Pendant ( from a distance of at least 1 meter to have contact with the ground, the Alarm Pendant may not activate.
Mercari Ltd does not accept responsibility for any perceived failure due to (but not limited to) incorrect programming, battery maintenance, GSM and GPRS coverage or any such perceived failure by the selected network carrier in providing and maintaining suitable connectivity to Bluetooth or the GSM/GPRS network. The product supplier accepts no responsibility for any failure that is due to (but not limited to) incorrect Alarm or App programming, dismantling the device or misuse or water ingress or other forms of damage.
Limitation of warranties
The medical and health information within this website is published “as is” without any representations or warranties, express or implied. Mercari Limited and it employees and/or agents make no representations or warranties in relation to the medical and health information within this website.
Without prejudice to the generality of the foregoing paragraph, Mercari Limited does not warrant that:
-The medical and health information on it’s website will be constantly available, or available at all; or
-Any medical and health information on it’s website is complete, true, accurate, up-to-date, or non-misleading.
You must not rely on the information within this website as an alternative to medical advice from your doctor or other health services provider.
If you have any specific questions about any emergency plan, medical or health matters you should consult your doctor or other professional health services provider or personal carer.
You should never delay seeking medical advice, disregard medical advice, or commence or discontinue any medical treatment because of information within this ‘manual’
The User must have an understanding that the Alarm Pendant has not been designed or guaranteed to prevent any loss or injury.
Mercari Ltd does not accept the responsibility for the accuracy of position information provided by the Service Providers. To the maximum extent permitted by applicable law, Ln no event shall Mercari Ltd be liable to the User or any 3rd party for any indirect, special, consequential, incidental or punitive damages of any kind, in contract or tort, including, but not limited to, death, injury, loss of revenue, loss of goodwill, loss of business opportunity, loss of data, and/or loss of profits, arising out of, or related to, in any manner, or the delivery, performance or non-performance of obligations, or use of the information, data or documentation hereunder regardless of the foreseeability thereof.
Mercari Ltd shall not be held responsible or liable for any injury, loss or damage caused by the nominated persons failing to respond to an emergency call. If not withstanding the terms of this agreement there should arise any liability on the part of Mercari Ltd as a result of any cause whatsoever, regardless of whether or not such loss, damage or personal injury was caused by or contributed to by Mercari Ltd’s negligence to any degree or failure to perform any obligation or strict products liability will be limited to the specific purchase price for the supply of the device.
MERCARI LIMITED MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY OTHER KIND, EXPRESS OR IMPLIED. EXCEPT AS SPECIFICALLY SET FORTH ABOVE, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXCLUDED. IN NO EVENT SHALL MERCARI LIMITED BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND OR OTHER LOSS ARISING OUT OF OR IN CONNECTION WITH YOUR ABILITY OR INABILITY TO USE THE PRODUCT OR SERVICES PROVIDED UNDER THIS LIMITED WARRANTY. MERCARI LIMITED TOTAL AND COMPLETE LIABILITY UNDER THIS WARRANTY OR FOR ANY MALFUNCTION OR MIS-OPERATION OF THE PRODUCT IS CAPED AND LIMITED TO THE PURCHASE PRICE OF THE PRODUCT.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, VSN SPECIFICALLY DISCLAIMS ANY STATUTORY WARRANTIES, WHICH MIGHT OTHERWISE APPLY.
THIS WARRANTY PROVIDES YOU WITH CERTAIN RIGHTS. YOU MAY HAVE ADDITIONAL RIGHTS DEPENDING ON YOUR COUNTRY OF PURCHASE & JURISDICTION. THIS WARRANTY DOES NOT TAKE ANY OF YOUR RIGHTS AWAY UNLESS THE APPLICABLE LAW OF YOUR JURISDICTION ALLOWS YOU TO CONTRACT OUT OF THOSE RIGHTS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, MERCARI LIMITED DOES NOT WARRANT THAT: (a) THE OPERATION OF THE PRODUCT OR ITS USE WILL: (i) MEET YOUR REQUIREMENTS; (ii) WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE APPLICATIONS OR THIRD PARTY SERVICES; (iii) BE UNINTERRUPTED, ERROR-FREE, OR WITHOUT RISK TO, OR LOSS OF, ANY INFORMATION, DATA, SOFTWARE OR APPLICATIONS CONTAINED THEREIN; or (b) DEFECTS IN THE PRODUCTS OR SOFTWARE WILL BE CORRECTED.
Limitation of liability
Nothing in this legal disclaimer will limit any of our liabilities in any way that is not permitted under applicable law, or exclude any of our liabilities that may not be excluded under an applicable law in New Zealand.