SECTION 8 SPECIFICATIONS, WARRANTY AND
SOFTWARE LICENSE AGREEMENT
8-4
8.2 WARRANTY
Aspect warrants to the initial Purchaser that the A-2000 BIS monitor and the Digital
Signal Converter (“Warranted Product”) will be free from defects in workmanship or
materials, when given normal, proper, and intended usage for a period of one year
(“Warranty Period”) from the date of its initial shipment to Purchaser. Excluded from this
warranty are expendable components and supply items such as, but not limited to,
electrodes, cables, and prep solutions. Aspect’s obligations under this warranty are to
repair or replace any Warranted Product (or part thereof) that Aspect reasonably
determines to be covered by this warranty and to be defective in workmanship or
materials provided that the Purchaser has given notice of such warranty claim within the
Warranty Period and the Warranted Product is returned to the factory with freight
prepaid. Repair or replacement of Products under this warranty does not extend the
Warranty Period.
To request repair or replacement under this warranty, Purchaser should contact Aspect
directly (see contact information on the back cover of this manual). Aspect will
authorize Purchaser to return the Warranted Product (or part thereof) to Aspect. Aspect
shall determine whether to repair or replace Products and parts covered by this warranty
and all Products or parts replaced shall become Aspect’s property. In the course of
warranty service, Aspect may but shall not be required to make engineering
improvements to the Warranted Product or part thereof. If Aspect reasonably
determines that a repair or replacement is covered by the warranty, Aspect shall bear
the costs of shipping the repaired or replacement Product to Purchaser. All other
shipping costs shall be paid by Purchaser. Risk of loss or damage during shipments
under this warranty shall be borne by the party shipping the Product. Products shipped
by Purchaser under this warranty shall be packaged in the original shipping container or
equivalent packaging to protect the Product. If Purchaser ships a Product to Aspect in
unsuitable packaging, any physical damage present in the Product on receipt by Aspect
(and not previously reported) will be presumed to have occurred in transit and will be the
responsibility of Purchaser.
This warranty does not extend to any Warranted Products or part thereof: that have
been subject to misuse, neglect, or accident; that have been damaged by causes
external to the Warranted Product, including but not limited to failure of or faulty
electrical power; that have been used in violation of Aspect’s instructions; that have been
affixed to any nonstandard accessory attachment; on which the serial number has been
removed or made illegible; that have been modified by anyone other than Aspect; or that
have been disassembled, serviced, or reassembled by anyone other than Aspect, unless
authorized by Aspect. Aspect shall have no obligation to make repairs, replacements, or
corrections which result, in whole or in part, from normal wear and tear. Aspect makes
no warranty (a) with respect to any products that are not Warranted Products, (b) with
respect to any products purchased from a person other than Aspect or an Aspect-
authorized distributor or (c) with respect to any product sold under a brand name other
than Aspect Medical Systems, Inc.
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