The Warranty does not apply to any Equipment that has been repaired, serviced or altered outside of the manufacturer’s or Arthrex’s
facility or to Equipment that has been subjected to abuse, misuse, neglect, accident or negligence in use, storage or handling.
Arthrex’s obligation, and the Customer’s sole and exclusive remedy, is limited to the replacement or repair of any Equipment which
Arthrex’s examination shall disclose, in its sole discretion, to be defective or inoperative, and will be conditioned upon Arthrex’s
receiving written notice of any alleged nonconformity or defect during the applicable warranty period and the return of defective
products to Arthrex, F.O.B. Arthrex’s facility. If Arthrex determines that any product or service is not defective or that Arthrex is not
liable for the defect, the Customer will be notified; thereafter, Arthrex will repair or replace such product upon the Customer’s writ-
ten consent and at prevailing prices. Arthrex may, in its discretion, provide reasonable use of loaner Equipment while repair or
replacement is underway. This warranty applies only to the original Customer and is not transferable except at the discretion of
Arthrex. Repairs and replacements made under this warranty are not warranted beyond the remainder of the warranty period.
ARTHREX’S LIABILITY SHALL BE LIMITED SOLELY, AT ARTHREX’S OPTION, TO REPAIR OR REPLACEMENT OF THE GOODS
OR COMPONENT PARTS NOT MEETING THE QUALITY AND SPECIFICATIONS WARRANTED. THERE ARE NO WARRANTIES,
IMPLIED OR STATUTORY (INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR INTENDED USE, NON-INFRINGEMENT, OR ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE)
THAT EXTEND BEYOND THIS EXPRESS WARRANTY. IN THE EVENT THAT APPLICABLE LAW PREVENTS THE DISCLAIMER
OF ANY IMPLIED WARRANTIES, THEN SUCH IMPLIED WARRANTIES SHALL BE LIMITED TO THE CONTENTS AND DURA-
TION OF THIS EXPRESS WARRANTY. This Warranty shall be governed by the laws of the State of Florida and the sole forum for
resolving disputes under or relating to this Warranty shall be any state court in the County of Collier, State of Florida.
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Arthrex, Inc.