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WARRANTIES
Limited Warranty
Subject to the terms below, Medivators Inc. (the “Company”) warrants that its products (the “Products”) will conform to the Company’s
written specifications (where applicable) and will be free from defects in material and workmanship under normal use and service for
the following periods (the “Warranty Period”):
Endoscope reprocessors and associated equipment, and Irrigation Pumps: fifteen (15) months from date of shipment from the Company
or one (1) year from the date of installation, whichever occurs first.
Consumables, accessories, and Product service parts, including, but not limited to, endoscope hookups, filters, printers, printer supplies,
test strips, accessory bags, and service parts for products: ninety (90) days from the date of installation or one hundred and twenty (120)
days from the date of shipment, whichever occurs first.
Disposable Products: warranted for single use. The Warranty Period will not in any case exceed the expiration date on the Product label.
The warranty does not cover, and the Company will have no warranty obligation whatsoever with respect to, any damage to a Product
caused by or associated with: (i) external causes, including without limitation, accident, vandalism, acts-of-God, power failure or electric
power surges, (ii) abuse, misuse or neglect of the Product by the customer or use of unauthorized third party filters or other consumables
and accessories, (iii) usage not in accordance with product instructions, (iv) the customer’s failure to perform required preventive
maintenance, or (v) servicing or repair not authorized by the Company.
Limitation of Remedy
The warranty obligation of the Company hereunder is limited to (at its option) (i) the repair or replacement of the defective Products or any
parts it deems defective, or (ii) a refund of the purchase price. This will be customer’s exclusive remedy for a covered defect.
In order to recover under the warranty, the customer must notify the Company in the state (if in the U.S.A.) or the country of installation,
of the defect (describing the problem in reasonable detail) prior to the expiration of the Warranty Period and within thirty (30) days of
discovery of the defect. Upon receiving the Company’s official “Returned Material Authorization” (RMA), the customer must promptly
return the defective part or Product to the Company (or the service center indicated on the RMA), freight and insurance prepaid. The
Company will not be responsible for any damage during shipment.
Warranty Disclaimer
THE WARRANTY ABOVE IS THE COMPANY’S ENTIRE WARRANTY OBLIGATION TO THE PURCHASER OF PRODUCTS. IT IS IN LIEU OF ALL
OTHER WARRANTIES OF THE COMPANY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, AND THE COMPANY DOES NOT REPRESENT OR WARRANT THAT ANY PRODUCT WILL MEET
CUSTOMER’S REQUIREMENTS. THE COMPANY’S RESPONSIBILITY FOR DEFECTS IN A PRODUCT IS LIMITED SOLELY TO REPAIR,
REPLACEMENT OR REFUND OF THE PURCHASE PRICE AS SET FORTH IN THIS WARRANTY STATEMENT.
TO THE EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO CUSTOMER FOR
CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION, DAMAGES
ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, DELAYS, LOSS OF PROFIT, INTERRUPTION OF SERVICE, OR LOSS
OF BUSINESS OR ANTICIPATORY PROFITS, EVEN IF THE COMPANY HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES
OCCURRING.
This Warranty gives the customer of Products specific legal rights, and customers may also have other rights which vary from jurisdiction
to jurisdiction.
In no event shall the Company’s liability exceed the original purchase price of the covered Product.
No representative or agent of the Company has any authority to bind the Company to any other representation or warranty with respect
to the Products, and the customer accepts the Products subject to all of the terms above
APPENDIX
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