11 Warranty Information
ORIGINAL END USER’S LIMITED WARRANTY
COVERAGE
Defibtech, L.L.C. provides a LIMITED WARRANTY that the
Automated Chest Compressor (ACC) (i.e., Backboard, Frame,
and Compression Module) and its associated components
(i.e., Battery Pack, AC Adapter, Stabilization Strap, Patient
Wrist Straps, and Patient Interface Pad (PIP)), and accessories
(e.g., Carrying Case, USB Cable) (collectively referred to as
“Products” and singularly as “Product”) whether purchased
concurrently or separately, shall be substantially free from
defects in material and workmanship appearing under normal
service and use. To qualify for WARRANTY SERVICE, the
Product must have been continuously owned by the original
purchaser and the original purchaser must have purchased the
Product from Defibtech or an authorized Defibtech retailer.
This LIMITED WARRANTY may not be assigned or transferred.
WARRANTY PERIOD
The Products shall have a WARRANTY PERIOD of one (1) year
beginning on the date of delivery. The WARRANTY PERIOD for
a single use Product (e.g., Patient Interface Pad ) and Products
having an expiration date shall end upon the earlier of use,
expiration (if applicable), or end of the WARRANTY PERIOD.
Any WARRANTY SERVICE, including but not limited to repair
or replacement shall not extend a Product’s WARRANTY
PERIOD.
LIMITED WARRANTY SCOPE
This LIMITED WARRANTY does not cover damage of any sort
resulting from, but not limited to, accidents, misuse, improper
storage, improper operation, alterations, unauthorized service,
tampering, abuse, neglect, fire, flood, war, or acts of God.
Misuse shall include but not be limited to: use of the ACC with
unapproved components; use of a Product with unapproved
devices; or use of the Product in uncertified environments or
settings. Defibtech does not warranty error-free or interruption-
free performance of any Product.
LIMITED WARRANTY VOIDED
The LIMITED WARRANTY is immediately voided if: the
Product is serviced or repaired by any entity, including persons,
not authorized by Defibtech; specified Product maintenance
is not performed; the Product is used with one, or more,
unauthorized components or devices; or the Product is not
used in accordance with Defibtech approved instructions.
WARRANTY SERVICE
At Defibtech’s sole discretion, Defibtech shall have the option
to repair, replace, or provide a credit. In the event of repair
or replacement, Defibtech shall have the right at its sole
discretion to replace the Product with a new, or refurbished,
same or similar Product, and all Products or parts replaced
shall become the property of Defibtech. Determination of a
similar Product shall be at the sole discretion of Defibtech. In
the case of replacement, the replacement at a minimum shall
reflect the prorated time remaining for the Product based on
the remaining WARRANTY PERIOD. In the case of a credit,
the credit shall be the prorated value of the Product based on
the lower of the original Product cost of the same or similar
Product and the remaining WARRANTY PERIOD. Repair or
replacement of a Product under this LIMITED WARRANTY
does not extend the Product’s WARRANTY PERIOD.
WARRANTY SERVICE (CONTINUED)
In order to obtain WARRANTY SERVICE, the original owner
must contact the Defibtech authorized retailer from whom the
Product was purchased, or Defibtech customer service. In the
event a Product must be returned, a Defibtech issued Return
Material Authorization (RMA) number is required. Products
returned without a Defibtech authorized RMA number will
not be accepted. The Product shall be shipped at the original
end user’s expense to a destination specified by the retailer
or Defibtech.
OBLIGATIONS AND WARRANTY LIMITS
THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE
WARRANTY FOR DEFIBTECH’S PRODUCTS AND IS
EXPRESSLY IN LIEU OF ANY OTHER EXPRESS OR IMPLIED
WARRANTIES INCLUDING WITHOUT LIMITATION ANY
WARRANTY AS TO MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. DEFIBTECH’S MAXIMUM LIABILITY
ARISING OUT OF THE SALE OF THE PRODUCT’S OR THEIR
USE, WHETHER BASED UPON WARRANTY, CONTRACT,
TORT OR OTHERWISE, SHALL NOT EXCEED THE ACTUAL
PAYMENTS RECEIVED BY DEFIBTECH IN CONNECTION
THEREWITH. DEFIBTECH SHALL NOT BE LIABLE FOR
ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS,
DAMAGE OR EXPENSE (INCLUDING WITHOUT LIMITATION
LOST PROFITS) DIRECTLY OR INDIRECTLY ARISING FROM
THE SALE, INABILITY TO SELL, USE OR LOSS OF USE OF
ANY PRODUCT (HOWEVER CAUSED AND ON ANY THEORY
OF LIABILITY), EVEN IF DEFIBTECH HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH LOSS. THE FOREGOING
LIMITATION SHALL NOT APPLY TO ANY CLAIMS FOR BODILY
INJURY OR DEATH TO THE EXTENT THAT LIMITATION
OF DAMAGES FOR SUCH CLAIMS IS UNENFORCEABLE
OR AGAINST PUBLIC POLICY UNDER ANY APPLICABLE
STATUTE OR RULE OF LAW.
ANY LEGAL ACTION ARISING FROM THE PURCHASE OR
USE OF A PRODUCT SHALL BE COMMENCED WITHIN ONE
YEAR FROM THE ACCRUAL OF THE CAUSE OF ACTION, OR
BE BARRED FOREVER. IN NO EVENT SHALL DEFIBTECH’S
LIABILITY UNDER THIS WARRANTY EXCEED THE PURCHASE
PRICE OF THE PRODUCT.
NO PERSON (INCLUDING ANY AGENT, DEALER, OR
REPRESENTATIVE OF DEFIBTECH) IS AUTHORIZED
TO MAKE ANY REPRESENTATION OR WARRANTY
CONCERNING THE PRODUCTS, EXCEPT TO REFER TO THIS
LIMITED WARRANTY.
If any part or term of this LIMITED WARRANTY is held to be
illegal, unenforceable or in conflict with applicable law by any
court of competent jurisdiction, the validity of the remaining
portions of the LIMITED WARRANTY shall not be affected.
The user may also have other rights that vary from state to
state or country to country.
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