Suros ATEC Sapphire Unit Operator'S Manual Download Page 24

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ATEC

Breast Biopsy and Excision System:

Sapphire

™

Unit

Operator’s Manual

Warranty

This warranty and the rights and obligations hereunder shall be construed under and governed by the
laws of the state of Indiana, USA. Suros Surgical Systems, Inc. (“Suros”) warrants the components
of the ATEC

Breast Biopsy and Excision System:

Sapphire

™

unit as described below to be free from

defects in material and workmanship under normal use and preventive maintenance for the warranty
period shown below. Suros’ obligation under this warranty is limited to the repair or replacement, at
its option, of any product or part thereof which has been returned to Suros within the applicable time
period shown below and which examination discloses, in Suros’ sole judgment, the product or part
thereof to be defective. This warranty does not apply to any product or part thereof that has been: (1)
adversely affected due to use with devices manufactured or distributed by parties not authorized by
Suros, (2) repaired or altered outside Suros’ facilities in a way so as to, in Suros’ sole judgment, affect
its functionality, stability or reliability, (3) subjected to improper use, negligence or accident, or (4)
used other than in accordance with the design and use parameters set forth herein or standards for
similar products generally accepted in the industry.

Suros’ products are warranted for the following periods beginning on the date of delivery to the
original purchaser:

ATEC

Breast Biopsy and

Excision System:

Sapphire

™

Unit

One (1) Year, parts and labor

ATEC

Footswitch

One (1) Year, parts and labor

ATEC

Power Cord

One (1) Year, parts and labor

ATEC

Vacuum Line Assembly

One (1) Year, parts and labor

ATEC

Stereotactic Adapter

One (1) Year, parts and labor

THE WARRANTY PROVIDED IN THIS SECTION AND THE OBLIGATIONS AND LIABILITIES OF SUROS
HEREUNDER ARE EXCLUSIVE AND IN LIEU OF (AND PURCHASER HEREBY WAIVES) ALL OTHER
REMEDIES, GUARANTIES, LIABILITIES OR WARRANTIES, EXPRESSED OR IMPLIED, ARISING BY LAW
OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. PURCHASER HEREBY WAIVES ALL OTHER OBLIGATIONS OR
LIABILITIES ON THE PART OF SUROS, WHETHER OR NOT OCCASSIONED BY SUROS’ NEGLIGENCE.
THE REMEDIES SET FORTH HEREIN SHALL BE PURCHASER’S EXCLUSIVE REMEDIES FOR BREACH OF
THE FOREGOING WARRANTIES. IN NO EVENT SHALL SUROS BE LIABLE FOR SPECIAL, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING
FROM LOSS OF USE, PROFITS, BUSINESS OR GOODWILL. THIS WARRANTY SHALL NOT BE EXTENDED,
ALTERED OR VARIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED BY SUROS AND PURCHASER.

Suros neither assumes nor authorizes any other person to assume for it any other liability in connection
with the sale or use of any Suros products. Purchaser will indemnify and hold harmless Suros and its
afﬁliates from and against any losses, damages, liabilities or expenses (including reasonable attorney’s
fees) arising from claims or actions by third parties attributable to such purchaser’s negligence,
violation of laws, or in violation of the precautions, warnings, cautions and instructions provided in
this manual. There are no warranties that extend beyond the terms hereof. Suros reserves the right to
make changes to products built and/or sold by it at any time without incurring any obligation to make
the same or similar changes on products previously built and/or sold.

ATEC

Breast Biopsy and Excision System

Suros Surgical Systems, Inc. (“Suros”) warrants that the products which are the subject of this warranty (the “Products”)
will perform in substantial conformity with the speciﬁcations for the Products which are described in operating manuals or
instructions for use provided by Suros

™

for the Products and that the Products will be free from defects in material and work-

manship under normal use and proper operating conditions for the warranty period shown below, assuming the performance of
ordinary preventative maintenance. Suros’ obligation under this warranty is limited to the repair or replacement, at its option,
of any Product or part thereof, which has been returned to Suros for examination within the applicable time period described
below and which examination conﬁrms, to Suros’ satisfaction, such Product or part to be defective. This warranty does not
apply to any Product, or part thereof, that has been: (1) adversely affected due to use with devices manufactured or distributed
by persons not authorized by Suros, (2) repaired or altered by persons not authorized by Suros in a way so as to, in Suros’
judgment, affect its stability or reliability, (3) subjected to improper use, negligence or accident, or as to which the purchaser
or user has failed to implement all updates or other instructions provided by Suros, or (4) used other than in accordance with
the instructions for such Product established by Suros in the operating manuals or instructions for use provided by Suros or
with standards generally accepted in the industry for similar products.

Products are warranted for the following periods beginning on the date of installation at the site of the customer who will
use the Product or three months after delivery to the original purchaser, whichever is later:

• Console unit (inclusive of power cord and footswitch)

One (1) Year, parts and labor

• ATEC

Stereotactic Adapter

One (1) Year, parts and labor

Replacement parts supplied under this warranty shall be warranted for the remaining portion of the original warranty for the
Product as to which the replacement part is utilized or a period of ninety (90) days from the date of installation by authorized
personnel of the replacement part at the site of the customer who is using the Product, whichever period is longer.

This warranty is not applicable to single patient use devices associated with Suros ATEC

Breast Biopsy and Excision Systems.

THIS WARRANTY CONSTITUTES THE EXCLUSIVE REMEDY OF THE PURCHASER OR USER AND INCOR-
PORATES THE ONLY WARRANTIES MADE BY SUROS AND IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESSED OR IMPLIED BY LAW, LEGISLATION OR OTHERWISE ARISING AND WHICH ARE HEREBY
EXPRESSLY EXCLUDED, AND ALL SUCH WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE
WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE
AND FITNESS FOR ALL OTHER PURPOSES EXCEPT AS SPECIFICALLY PROVIDED FOR IN THE OPERATING
MANUALS AND INSTRUCTIONS FOR USE PROVIDED BY SUROS, AS APPLICABLE, ARE HEREBY EXPRESSLY
DISCLAIMED AND EXCLUDED. THIS WARRANTY SETS FORTH THE ENTIRE OBLIGATION AND LIABILITY
OF SUROS AS TO THE SALE AND USE OF SUROS’ PRODUCTS. IN NO EVENT SHALL SUROS BE LIABLE
FOR SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITA-
TION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, BUSINESS OR GOODWILL EVEN IF SUROS IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, IT BEING UNDERSTOOD THAT THE PURCH   ASER OR
CUSTOMER MAY CHOOSE TO MAKE ITS OWN INSURANCE OR OTHER ARRANGEMENTS TO REDUCE ANY
SUCH DAMAGES IT MAY INCUR.  IN ANY EVENT, SUROS’ LIABILITY FOR ANY DAMAGES UNDER THIS
WARRANTY WILL NOT EXCEED THE TOTAL PURCHASE PRICE FOR THE PRODUCT.  THIS WARRANTY
DOES NOT AFFECT STATUTORY OBLIGATIONS WHICH MAY NOT BE DISCLAIMED OR LIMITED BY
APPLICABLE LAW.

Suros neither assumes nor authorizes any other person to assume for it any liability in connection with the sale or use of
any Products. Suros reserves the right to make changes to Products built and/or sold by it at any time without incurring any
obligation to make the same or similar changes on Products previously built and/or sold.

This warranty and the rights and obligations hereunder shall be construed under and governed by the laws of the State of Indiana,
United States of America. Any disputes arising under this warranty must be brought exclusively in the relevant federal or state
district courts located in Indianapolis, Indiana, USA.

ATEC