Reprocessed
LigaSure Impact™ Curved, Large Jaw, Open Sealer/Dividers
Page 7 of 16
Warranty
Reprocessed Products
Stryker warrants all reprocessed products, subject to the exceptions provided herein, to be free from defects in reprocessing
and to substantially conform to the product specifications contained in the documentation provided by Stryker with the
products for one use in accordance with the instructions for use of such product.
STRYKER SHALL NOT BE LIABLE FOR ANY DAMAGES TO THE EXTENT CAUSED BY ANY DEFECT IN MATERIAL,
WORKMANSHIP OR DESIGN BY THE ORIGINAL MANUFACTURER OF THE PRODUCT OR ANY ACT OR OMISSION
OF THE ORIGINAL MANUFACTURER OF THE PRODUCT.
Products for which Stryker is the Original Manufacturer
Stryker warrants all products for which it is the original manufacturer, subject to the exceptions provided herein, to be free from
defects in design, materials and workmanship and to substantially conform to the product specifications contained in the
documentation provided by Stryker with the products for a period of one year from the date of purchase.
General Warranty Terms Applicable to All Products
TO THE FULLEST EXTENT PERMITTED BY LAW, THE EXPRESS WARRANTY SET FORTH HEREIN IS THE ONLY
WARRANTY APPLICABLE TO THE PRODUCTS AND IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTY BY
STRYKER, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL STRYKER’S LIABILITY
ARISING IN CONNECTION WITH THE SALE OF THE PRODUCT (WHETHER UNDER THE THEORIES OF BREACH
OF CONTRACT, TORT, MISREPRESENTATION, FRAUD, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY
OTHER THEORY OF LAW) EXCEED THE PURCHASE PRICE, CURRENT MARKET VALUE OR RESIDUAL VALUE OF
THE PRODUCTS, WHICHEVER IS LESS. STRYKER SHALL NOT BE LIABLE FOR INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR
UNDER ANY OTHER LEGAL THEORY.
This warranty shall apply only to the original end-user purchaser of products directly from Stryker or a Stryker authorized
distributor. This warranty may not be transferred or assigned without the express written consent of Stryker.
This warranty does not apply to: (1) products that have been misused, neglected, modified, altered, adjusted, tampered with,
improperly installed or refurbished; (2) products that have been repaired by any person other than Stryker personnel without
the prior written consent of Stryker; (3) products that have been subjected to unusual stress or have not been maintained in
accordance with the instructions in the user manual or as demonstrated by a Stryker representative; (4) products on which
any original serial numbers or other identification marks have been removed or destroyed; or (5) products that have been
repaired with any unauthorized or non-Stryker components.
If a valid warranty claim is received within thirty (30) days of the expiration of the applicable warranty period, Stryker will, in
its sole discretion: (1) replace the product at no charge with a product that is at least functionally equivalent to the original
product or (2) refund the purchase price of the product. If a refund is provided by Stryker, the product for which the refund is
provided must be returned to Stryker and will
become Stryker’s property. In any event, Stryker’s liability for breach of warranty
shall be limited to the replacement value of the defective or non-conforming part or component.
If Stryker determines in its reasonable discretion that the claimed defect or non-conformance in the product is excluded from
warranty coverage as described hereunder, it will notify the customer of such determination and will provide an estimate of the
cost of repair of the product. In such an event, any repair would be perfo
rmed at Stryker’s standard rates.
Products and product components repaired or replaced under this warranty continue to be warranted as described herein
during the initial applicable warranty period or, if the initial warranty period has expired by the time the product is repaired
or replaced, for thirty (30) days after delivery of the repaired or replaced product. When a product or component is replaced,
the item provided in replacement will be the customer’s proper
ty and the replaced item will be Stry
ker’s property. If a refund
is provided by Stryker, the product for which the refund is provided must be returned to Stryker and will become Stryker’s
property.
