Mortara Surveyor Central 3.x, Service Manual

Page: 14 / 56

Surveyor Central
1-10
Warranty
Mortara Instrument, Inc. warrants that Mortara products shall be free from defects in material and
workmanship under normal use, service and maintenance for one year of such Product from Mortara or
an authorized distributor or representative of Mortara. Normal use, service and maintenance means,
operation and maintenance in accordance with appropriate instructions and/or information guides. This
Warranty does not apply to damage to the Products caused by any or all of the following circumstances
or conditions:
(a.)
Freight damage;
(b.) Parts and/or accessories of the Products not obtained from or approved by Mortara;
(c.)
Misapplication, misuse, abuse and failure to follow the Product instruction sheets and/or
information guides;
(d.) Accident, a disaster affecting the Products;
(e.)
Alterations or modifications to the Products not authorized by Mortara;
(f.)
Other events outside of Mortara’s reasonable control or not arising under normal operating
conditions.
The remedy under this warranty is limited to the repair or replacement without charge for labor or
materials, of any Products found upon examination by Mortara to have been defective. This remedy shall
be conditioned upon receipt of notice by Mortara of any alleged defects promptly after discovery thereof
within the warranty period. Mortara’s obligations under the foregoing warranty will further be conditioned
upon the assumption by the purchase of the Products (i) of all carrier charges with respect to any
Products returned to Mortara’s principal place or any other place as specifically designated by Mortara or
an authorized distributor or representative of Mortara, and (ii) all risk of loss in transit. It is expressly
agreed that the liability of Mortara is limited and that Mortara does not function as an insurer. A
purchaser of a Product, by its acceptance and purchase thereof, acknowledges and agrees that Mortara
is not liable for loss, harm or damage due directly or indirectly to an occurrence or consequence there
from relating to the Products. If Mortara should be found liable to anyone under any theory (except the
expressed warranty set forth herein) for loss, harm or damage, the liability of Mortara shall be limited to
the lesser of the actual loss, harm or damage, or the original purchase price of the Product when sold.
Excluded from the limited warranty set forth above are consumable items such as, but not limited to;
paper, batteries, electrodes, patient cables, lead wires, and magnetic storage mediums.
Except as set forth herein with respect to reimbursement of labor charges, a purchaser’s sole exclusive
remedy against Mortara for claims relating to the products for any and all losses and damages resulting
from any cause shall be the repair or replacement of defective Products to the extent that the defect is
noticed and Mortara is notified within the warranty period. In no event, including the claim for negligence,
shall Mortara be liable for incidental, special or consequential damages, or for any other loss, damage or
expense of any kind, including loss of profits, whether under tort, negligence or strict liability theories of
law, or otherwise. This warranty is expressly in lieu of any other warranties, expressed or implied,
including, but not limited to the implied warranty of merchant ability and the warranty of fitness for a
particular purpose.
Duration and expiration of the Warranty
The Surveyor Central 3.x System carries a 90 day On-Site warranty and a 1 year Depot Repair warranty
from the date of shipment from Mortara Instrument, Inc.
Warranty Tracking by Serial Number
Mortara Instrument tracks products by serial number for the purposes of warranty, configuration, and
software version as related to repair, warranty expiration, etc. The serial number will be required for all
warranty claims made to Mortara Instrument, Inc.