-33-
Instruction Manual
II 100 Station or any personal injury directly or proximately resulting from any repairs made or attempted
to be made by any person other than a factory representative of
MEDIVATORS
. If
MEDIVATORS
replaces
non-
MEDIVATORS
parts the customer will be charged in full for all replaced parts.
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.
Warranties/
Limitations