Returns and Warranty

Return of Device to Cala

For All Medicare Patients (Parts B and C Advantage): I understand that the 60-day return policy does not apply when using Medicare benefits. Cala will collect copay fees monthly based on my ongoing use of Cala TAPS therapy. Upon termination of therapy use, I will no longer be charged copay fees, and Cala will stop billing Medicare on my behalf. If I stop using therapy, I will notify Cala (Returns@CalaTrio.com) and return all therapy components to Cala.
For Commercially Insured Patients: I understand that within 60 days of receiving my initial Cala TAPS Therapy, I can return all system components for any reason by writing to (Returns@CalaTrio.com) and returning the equipment except when insurance contract terms supersede this policy. Any deductible and/or out-of-pocket expenses are collected upon receipt of the Explanation of Benefits issued by the insurer as defined by the cost identified in the patient responsibility section of the EOB. Please see the “Limited Warranty” section regarding repair and replacement.
For 100% Self-Pay Patients: Within 60 days of receiving Cala TAPS Therapy, I can return all system components for any reason by writing to (Returns@CalaTrio.com) and returning the equipment. After receiving the returned equipment, Cala will void all agreements and refund credit card charges.
For Veterans Affairs Patients Only: Within 90 days of receiving Cala TAPS Therapy, I may return all the components for any reason by writing to Cala (Returns@CalaTrio.com) and returning the equipment. The VA will be refunded on my behalf for returned product that complies with this policy.

Results Not Guaranteed

My HCP has prescribed Cala TAPS Therapy to deliver electrical stimulation for the temporary relief of hand tremor. I understand that this is not a cure for essential tremor. I also understand that individual patient results may vary, and no warranty or guarantee is made regarding your use of the Cala TAPS Therapy. Cala TAPS therapy is intended for single-patient use only. Cala Bands are provided with an initial three-month supply that must be replaced.

Limited Warranty:

Cala Health, Inc. (“Cala”) warrants, to the original purchaser only, that the Cala TAPS therapy device (the “Product”) purchased by the customer shall be free from defects in materials and workmanship under normal use and will perform under the Product specifications outlined in the Product patient guide, for the applicable specified period below:

Stimulator: 2 years from the date of sale to patient
Base Station: 2 years from the date of sale to patient
Band: 45 days from the date of sale to patient

Should the Product fail to conform to the above warranty and a valid claim is received by Cala within the applicable warranty period specified above, as the initial customer’s sole remedy (and Cala’s sole liability), Cala will repair or replace it at its discretion, any nonconforming material or part.

Warranty claims on defective Products must be made by the initial customer of record, based on the assigned serial number, lot number, or warranty registration. To obtain warranty service, the initial customer of record must (1) contact Cala before the expiration of the applicable warranty period to receive a Return Materials Authorization number, and (2) return the defective Product to Cala in either its original packaging or packaging providing an equal degree of protection, per the Return Policy outlined in the Product user guide. Cala will pay the cost of shipping the Product to Cala if the original purchaser uses the shipping method specified by Cala. If the warranty claim is valid, Cala will pay the cost of shipping the repaired or replacement Product to the original purchaser. If the warranty claim is invalid, Cala may return the Product to the original purchaser at the original purchaser’s cost or dispose of the Product with no liability to the original customer.

Any replacement Product will be warranted for the remainder of the original warranty period or for any additional period of time that may be applicable in the initial customer’s jurisdiction. If Cala replaces the device, it reserves the right under this limited warranty to provide, at Cala’s sole discretion, either a new or a refurbished replacement device. The purchaser of this Cala product may not refuse a replacement product provided under this warranty because the replacement product is refurbished. Any refurbished device provided as a replacement product under this limited warranty has been restored and tested to the same specifications as a new device.

Conditions

This warranty is only available to the initial consumer.
It is not transferable.
This is a limited warranty and does not cover:
1. Any damage caused because of improper use, accident, neglect, abuse, modification, water ingress, or alteration of the Product;
2. Repairs carried out by any service organization or person that has not been expressly authorized by Cala to perform such repairs;
3. Any components of the Product other than the Cala TAPS Stimulator, Base Station, or Band. The “Product” does not include (and this limited warranty does not cover) any software, even if embedded in the Product (e.g., firmware and/or system software).
4. Product loss by the patient
Warranty is void on a product that is sold or resold outside the country of original purchase.
Cala shall examine any Product that is returned with a Return Materials Authorization number and reserves the right to charge an evaluation fee for any returned Product when no problem is found after an investigation by Cala.

Cala provides no other express warranties for the Product. All implied warranties for the Product (including any warranties of merchantability or fitness for a particular purpose) are limited in duration to the applicable warranty period set forth above (or, if longer, the shortest period allowed by applicable law). This warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

Except for bodily injury of a person or as otherwise prohibited by applicable law, in no event shall Cala be liable for any subject matter hereunder, regardless of the form of any claim or action (whether in contract, negligence, strict liability, or otherwise), for any (a) matter beyond its reasonable control, (b) indirect, punitive, incidental, reliance, special, exemplary or consequential damages including, but not limited to, loss of revenues or profits, (c) any direct damages above the amount paid to Cala for the particular Product giving rise to such damages, even if such party has been advised of the possibility of such damages. If the state where you reside does not allow the exclusion or limitation of incidental or consequential damages, then the above limitation or exclusion may not apply to you.

This Limited Warranty shall be governed by the laws of the State of California, USA, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction.

To exercise your rights under this warranty or to request a written copy of this warranty, please contact Cala by phone at (888) 699-1009 or by email at CustomerSuccess@CalaTrio.com.

Patient Financial Responsibility (not applicable to Veterans Affairs Patients)

I assign to Cala all rights, benefits, and payments to which I am entitled under any benefit plan or insurance for items and services furnished to me or my dependents by Cala.
My acceptance of items and services from Cala means that I accept responsibility for any deductible, co-pay, and remaining balance due. I authorize Cala to inquire about, submit and appeal claims to my insurance for items and services received from Cala.
I authorize Cala to submit claims to my insurance on my behalf and my insurance to pay benefits directly to Cala. If I receive funds intended to pay, in whole or part, the forgoing claims, then I will immediately pay over such funds to Cala to apply to any balance due.
I may revoke this authorization in writing to Cala. I assign to Cala any legal or administrative claim or cause of action, including fiduciary duty claims, arising from any benefit plan or insurance concerning medical expenses incurred from items or services received from Cala.
I will promptly notify Cala of any changes to my insurance.
Cala accepts VISA, MasterCard, American Express, and Discover Card. I accept full and complete financial responsibility for all charges for any or all components of the Cala TAPS Therapy System that are not covered by my insurance or for which I am responsible for payment under my insurance.
I understand that I cannot return any component of the Cala TAPS Therapy System for a Refund after the 60-day refund period.

MKG-1614 Rev A July 2022