SIGMA LASER STENT AND TUBE CUTTER
xiv
990-401
Seller further warrants that all Services performed by Seller’s employees will be performed in a good and
workmanlike manner. Seller’s sole liability under the foregoing warranty is limited to the obligation to re-
perform, at Seller’s cost, any such Services not so performed, within a reasonable amount of time following
receipt of written notice from Buyer of such breach, provided that Buyer must inform Seller of any such breach
within ten (10) days of the date of performance of such Services.
Seller shall not be liable for a breach of the warranty set forth in this Exhibit A unless: (i) Buyer gives
written notice of the defect or non-compliance covered by the warranty, reasonably described, to Seller
within five (5) days of the time when Buyer discovers or ought to have discovered the defect or non-
compliance and such notice is received by Seller during the Warranty Period; (ii) Seller is given a
reasonable opportunity after receiving the notice to examine such Goods and (a) Buyer returns such
Goods to Seller’s place of business at Buyer’s cost (prepaid and insured); or (b) in the case of custom
systems, Seller dispatches a field service provider to Buyer’s location at Buyer’s expense, for the
examination to take place there; and (iii) Seller reasonably verifies Buyer’s claim that the Goods are
defective or non-compliant and the defect or non-compliance developed under normal and proper use.
All consumable, optical fibers, and expendables such as electrodes are warranted only for defect in
material and workmanship which are apparent upon receipt by Buyer. The foregoing warranty is
negated after the initial use.
No warranty made hereunder shall extend to any product whose serial number is altered, defaced, or
removed.
Remedies:
With respect to any such Goods during the Warranty Period, Seller shall, in its sole
discretion, either: repair such Goods (or the defective part).
THE REMEDIES SET FORTH IN THE
FOREGOING SENTENCE SHALL BE BUYER’S SOLE AND EXCLUSIVE REMEDY AND SELLER’S
ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN THIS
EXHIBIT A.
Representations and warranties made by any person, including representatives of Seller,
which are inconsistent or in conflict with the terms of this warranty, as set forth above, shall not be
binding upon Seller.
Products manufactured by a third party and third party software (“
Third Party Product
”) may
constitute, contain, be contained in, incorporated into, attached to or packaged together with, the
Goods. Third Party Products are not covered by the warranty in this Exhibit A. For the avoidance of
doubt,
SELLER MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY
THIRD PARTY PRODUCT, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; (b)
WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; (c) WARRANTY OF TITLE; OR (d)
WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD
PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF
PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
Notwithstanding the foregoing, in the event
of the failure of any Third Party Product, Seller will assist (within reason) Buyer (at Buyer’s sole
expense) in obtaining, from the respective third party, any (if any) adjustment that is available under
such third party’s warranty.
