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Appendix G - Warranty
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LIMITED WARRANTY
ON NEW
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Limited Warranty
Bard Medical Division, C. R. Bard, Inc. (“Bard”) warrants to the original purchaser that each
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Control Module (“Equipment”) and
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Pad (“Disposables”) will be free of defects in workmanship and materials for the period set forth in the labeling and if no such
period is set forth, then one year from the date of purchase. If the Equipment or a Disposable proves to be so defective, such Equipment
or Disposables may be repaired, replaced, refunded or credited, at Bard’s option. An extended warranty for Equipment is available for
purchase. The warranty covers all parts and labor associated with defects in material and workmanship of the Equipment. Bard will, at its
discretion, determine if the Equipment is to be repaired on site, or at the Bard service center. If Equipment is to be returned for service,
Bard will supply packaging materials and pay for ground shipping. However, it is the hospital’s responsibility to prepare and package the
Equipment for shipment at its own cost. Any expedited shipment request will be at the customer’s expense. Any unauthorized equipment
repair performed during the warranty period will void the warranty. All returns must be authorized in advance by Bard. The liability of Bard
under this product warranty does not extend to any abuse, accidental damage, misuse, improper storage, alteration, further manufacture,
packaging or processing, accidental damage or damage from misuse of Equipment, damage caused by using tap water rather than distilled
water, routine maintenance, recalibration, or its repair by any person or entity not authorized by a Bard representative.
THIS LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION,
ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE LIABILITY AND REMEDY STATED
IN THIS LIMITED WARRANTY WILL BE THE SOLE LIABILITY OF BARD AND REMEDY AVAILABLE TO CUSTOMER WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND BARD WILL NOT BE LIABLE TO CUSTOMER FOR ANY
SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF HANDLING OR USE OF BARD EQUIPMENT
OR DISPOSABLES EVEN IF BARD HAS BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT
WILL BARD’S LIABILITY UNDER THIS WARRANTY EXCEED THE PURCHASE PRICE PAID TO BARD BY CUSTOMER FOR SUCH
EQUIPMENT AND DISPOSABLES.
Terms of Service
If Equipment availability is critical for patient treatment, it is the customer’s responsibility to purchase back-up Equipment. Although Bard will
attempt to promptly repair Equipment under warranty, the timeliness of repair is not guaranteed.
The customer is responsible for maintaining the Equipment according to the schedules and instructions in the documentation supplied
with each system. Bard provides remote Technical Support from 8am to 5pm Mountain time and 24/7 emergency phone support. Contact
Customer Service for all service related requests. A detailed description of the problem or service required, the unit serial number, and
contact information will be required to assist in providing efficient service of the unit. The hospital must provide personnel to assist Technical
Support with troubleshooting.
Loaned Equipment
If Equipment under warranty is returned for service, loaned Equipment will be available to the customer at no charge upon request for the
duration of the service. The customer is responsible for setting up the loaned Equipment and to prepare and package the Equipment for
return shipment according to the documentation. The customer is also responsible for the care and maintenance of the loaned Equipment
and all accessories while the Equipment is in their possession. Any loss or damage will be the sole responsibility of the customer. Loaned
Equipment must be returned within 7 days upon return of the repaired Equipment or rental charges will be applied at a rate of $40 per day.
Shipping
Loaned equipment will be shipped ground at Bard’s expense. Any expedited shipment request will be at the customer’s expense.
Non-Warranty Service
Parts and service are available for a fee through Customer Service for Equipment no longer under warranty. If requested, Bard can provide
an estimate of the cost of factory repair. Bard will require a Purchase Order from the customer in order to initiate the repair service. If it is
later determined the Equipment requires repair which exceeds the original estimate, Bard will contact the customer for authorization prior to
proceeding with the repair.
Bard will attempt to maintain parts inventory for Equipment a minimum of six years beyond the end of production.
