Domain Surgical FMX, Directions For Use Manual

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FMX Ferromagnetic Surgical System 10
Warranty
A. Products and Duration of Warranty
Product Duration of Warranty
FMX Generator 1 Year
FMX Reusable Power Module
1 Year - Refer to labeling
on product packaging
FMX Disposable Power Module
Sterilization shelf life - Refer to
labeling on product packaging
FMX surgical instruments
Sterilization shelf life - Refer to
labeling on product packaging
B. Extent of Warranty
1. Domain Surgical, Inc. (the “Company”) warrants to the end-user
customer that the Company’s products listed above will be free from
defects in materials and workmanship for the respective durations
specified above, which durations shall begin on the date of invoice.
2. The Company’s Limited Warranty covers only those defects that
arise as a result of normal use of the product and does not apply to:
improper or inadequate maintenance, unauthorized modifications, parts
or supplies not supplied or supported by the Company, or operation of
the product outside its specifications, including misuse or mishandling.
3. If, during the applicable warranty period, the Company
receives notice of any defect in the FMX Generator, Power
Module, or surgical instrument, the Company will either repair or
replace the defective product, at the Company’s option.
4. The Company shall have no obligation to repair or replace the
defective product until customer returns the defective product to the
Company. Any replacement product shall be new or like-new, provided
that it has functionality at least equal to the product being replaced.
C. Limitations of Warranty
TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE COMPANY
NOR ITS THIRD PARTY SUPPLIERS MAKE ANY OTHER WARRANTY OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE COMPANY’S
PRODUCTS, AND SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
D. Limitations of Liability
1. To the extent allowed by local law, the remedies provided
in this Limited Warranty Statement are the customer’s sole
and exclusive remedies for defective products.
2. TO THE EXTENT ALLOWED BY LOCAL LAW, EXCEPT FOR THE
OBLIGATIONS SPECIFICALLY SET FORTH IN THIS LIMITED WARRANTY
STATEMENT, IN NO EVENT SHALL THE COMPANY OR ITS THIRD
PARTY SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER
THE COMPANY AND/OR ITS THIRD PARTY SUPPLIERS HAVE BEEN
ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
E. Local Law
1. This Limited Warranty gives the customer specific legal rights. The
customer may also have other rights with respect to the Company’s
products that vary from state to state in the United States.
2. To the extent that this Limited Warranty is inconsistent with local law, this
Limited Warranty statement shall be deemed to be modified to be consistent
with local law. Under such local law, certain disclaimers and limitations
of this Limited Warranty Statement may not apply to the customer.
Notes