Integra CUSA NXT, Operator'S Manual

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Appendix B • Warranty •
101
4. 2
Customer shall provide a technical counterpart to Integra's Service
Agent for assistance in Integra's telephonic diagnosis of the malfunction
with the Equipment. Customer shall reasonably accept Integra's
determination whether a repair or service is an in-warranty repair or an
out-of-warranty repair.
5. Limitation of Liability.
5. 1
THE WARRANTIES DESCRIBED IN SECTION 1 HEREOF ARE
EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ALL
OTHER WARRANTIES OF INTEGRA OR ITS SERVICE AGENTS
WITH RESPECT TO THE QUALITY, PERFORMANCE AND
OPERATION OF THE EQUIPMENT, WRITTEN OR ORAL,
EXPRESSED OR IMPLIED, AND WHETHER OR NOT
ATTRIBUTABLE TO SERVICE PERFORMED PURSUANT TO THE
WARRANTY. ALL OTHER REPRESENTATIONS OR WARRANTIES
OF INTEGRA OR ITS REPRESENTATIVES, EXPRESS OR IMPLIED,
WITH RESPECT TO THE EQUIPMENT OR THE SERVICES,
DIAGNOSES, ADVICE, ASSISTANCE OR PARTS TO BE TENDERED
PURSUANT TO THE WARRANTY, INCLUDING, WITHOUT
LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED.
IN NO EVENT SHALL INTEGRA, ITS AFFILIATES, ASSIGNEES OR
SERVICE AGENTS BE LIABLE FOR LOSS OF USE, REVENUE OR
PROFIT OR ANY OTHER DIRECT, INDIRECT, INCIDENTAL,
EXEMPLARY, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES,
WHETHER ARISING IN CONTRACT OR IN TORT, BY VIRTUE OF
THE WARRANTY OR ANY PERFORMANCE OR BREACH BY
INTEGRA, ITS AFFILIATES, ASSIGNEES OR SERVICE AGENTS
HEREUNDER OR PURSUANT HERETO IN EXCESS OF THE
AMOUNTS PAID BY CUSTOMER TO INTEGRA DURING THE
WARRANTY PERIOD.
5. 2 Customer agrees that, notwithstanding the technical assistance
provided pursuant to the Warranty by Integra or its representatives,
Customer shall be fully responsible for all treatments performed or
attempted with the Equipment. INTEGRA MAKES NO
REPRESENTATION OR WARRANTY AS TO THE EFFICACY OF THE
EQUIPMENT OR OF THE TECHNICAL ASSISTANCE TO BE
RENDERED BY INTEGRA, ITS AFFILIATES, ASSIGNEES OR
SERVICE AGENTS, FOR PURPOSES OF THE PARTICULAR
TREATMENT THAT CUSTOMER UNDERTAKES TO PERFORM FOR
THIRD PARTIES. Moreover, Customer shall not make any claim
against Integra or any of its affiliates, assignees or representatives with
respect to the efficacy of the Equipment or of said technical assistance
or with respect to any claims by third parties related to any treatment
undertaken by Customer.
5. 3
Force Majeure
. Notwithstanding anything to the contrary herein
contained, if the performance of the Warranty by Integra or Customer or
any obligation of Integra or Customer hereunder is prevented, restricted
or interfered with by reason of fire, explosion, act of God, labor disputes
or accidents affecting performance under the Warranty, or war,