BionX BiOM T2 Ankle, Instructions For Use Manual, Page: 41 / 52

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WARRANTY
BionX Medical Technologies, Inc. (“Company”) provides the following warranty only to the
initial purchaser (“Purchaser”) of each new Device (as defined below).
1. WHAT DOES THIS LIMITED WARRANTY COVER?
This limited warranty covers any material defects in the following new devices purchased by
Purchaser: Ankle with Foot Module (not including Foot Cover), Batteries, Charger (each, a
“Device”).
2. WHAT IS NOT COVERED BY THIS WARRANTY?
This limited warranty does not cover any problem with, or damage to, a Device that is caused
by use outside of the Company’s Instructions for Use as set forth in the Instructions for Use,
accident, abuse, misuse, negligence, modification, or improper maintenance or installation
including, without limitation, any problem or damage caused by factors external to the Device
such as, without limitation, failure of or faulty electrical power.
3. HOW LONG DOES THE COVERAGE LAST?
The Ankle with Foot Module is covered with a 36 month limited warranty, the Charger is
covered with a 36 month limited warranty and the Batteries are covered with a 12 month
limited warranty. This limited warranty begins on the date the Device was originally shipped
from the Company (“Warranty Period”). With respect to any Device (“Replacement Device”)
which is shipped by the Company in replacement of a returned Device (“Original Device”),
the Replacement Device will be warranted for the remainder of the original Warranty Period
applicable to the Original Device or thirty (30) calendar days, whichever is longer. Forthwith
upon the receipt of a Replacement Device, the Original Device must be returned to the
Company to avoid charges for the Replacement Device.
4. WHAT WILL THE COMPANY DO IF THERE IS A MATERIAL DEFECT?
If the Company, in its reasonable discretion, determines that a Device is covered by this
limited warranty, then the Company will replace the Device at the Company’s cost. Any
Replacement Device may, in the Company’s sole discretion, be a refurbished Device or may
contain refurbished parts. The Company’s replacement of any Device with a Replacement
Device is Purchaser’s sole and exclusive remedy for breach of this Limited Warranty. Title and
ownership of any Device which is returned and replaced by the Company shall vest in the
Company. The Purchaser shall have title to the Original Device or, if such Original Device is
replaced, the Replacement Device except to the extent further replaced.