8 WARRANTY
Inc. All rights reserved
81
The warranty shall be limited to the repair and, at
ORTHOFAB
's absolute discretion, the
replacement of defective material as provided herein. Except for the warranties set forth
herein,
O
RTHOFAB
makes no express or implied warranty, statutory or contractual,
including for latent defect, nor any implied warranty of merchantability or fitness for a
particular purpose relating to its products, except as otherwise provided herein.
The express warranty set forth above is in lieu of any liability or obligation of
O
RTHOFAB
for damages arising out of or relating to
O
RTHOFAB
products.
In no event shall
O
RTHOFAB
be liable for any special, indirect, or consequential damages,
whether in contract, tort or otherwise, even if
O
RTHOFAB
has been advised of the likelihood
of such damages. The distributor's warranty shall be expressly limited to the repair and
replacement of non-conforming products as provided herein, or the refund of any amount
not exceeding the purchase price of the material involved.
The conditions in section 8 constitute the complete and exclusive warranty statement
applicable to
O
RTHOFAB
products and shall supersede any prior proposal or agreement,
oral or written, and any other communication between
O
RTHOFAB
and a particular
distributor regarding the
O
RTHOFAB
warranty.
O
RTHOFAB
shall not assume any risk for damage incurred during transport.
NOTES:
Any components exchanged under this warranty shall be covered by the original
warranty.
If a component is returned under this warranty, but considered by
Orthofab
as
functional, the component will be returned to the customer.
