44
WWAARRRRAANNTTYY
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HUNTLEIGH HEALTHCARE LLC. HEREBY DISCLAIMS ALL EXPRESS OR IMPLIED
WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE) AND ANY AGREEMENTS, REPRESENTA
TIONS,
AFFIRMATIONS, OR WARRANTIES, WHETHER ORAL OR WRITTEN, MADE BY ANY AGENT,
EMPLOYEE OR REPRESENTATIVE OF HUNTLEIGH HEALTHCARE LLC, UNLESS
SPECIFICALLY SET FORTH IN THIS PARAGRAPH. HUNTLEIGH HEALTHCARE LLC SHALL
NOT BE LIABLE FOR BREACH OF CONTRACT ARISING FROM ANY DEFECT IN MATERIAL
OR WORKMANSHIP OF THE GOODS. ALL LEGISLATION RELATING TO EXPRESS AND
IMPLIED WARRANTIES OR OTHER OBLIGATIONS ON THE PART OF HUNTLEIGH
HEALTHCARE LLC THAT MAY BE LAWFULLY EXCLUDED ARE HEREBY EXCLUDED.
bb))
Notwithstanding the foregoing,Huntleigh Healthcare Llc's sole warranty is that the
Goods shall be free from defects in material and workmanship for a period of three (3) years
(excluding probe head and retractile cable which are warranted for one (1) year), following
delivery of such Goods to the original purchaser;
pprroovviiddeedd
that the Goods were used in an
appropriate and reasonable manner during such period and
pprroovviiddeedd
ffuurrtthheerr
that Huntleigh
Healthcare Llc shall in no event be liable to Customer for defective Goods if: (i) the Goods are
damaged in the course of shipping; (ii) any defect is caused wholly or to any material extent by
Customer's negligence, misuse, failure to use the Goods properly or use of the Goods in
conjunction with any accessory not approved for use with the Goods by Huntleigh Healthcare
Llc; (iii) the Goods are damaged as a result of improper maintenance, failure to follow
manufacturer's instructions, including without limitation those on washing and cleaning, or
failure to follow necessary routine maintenance procedures; or (iv) the Goods are altered,
repaired or dismantled other than with manufacturer's written authorization using its approved
procedures or by any party other than manufacturer's properly qualified and trained
technicians.
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Customer must provide written notice to Huntleigh Healthcare Llc within said
warranty period of any defect in the Goods. Upon Huntleigh Healthcare Llc’s written request,
Customer must return such Goods adequately packed (in their original packing) and fully
insured to Huntleigh Healthcare Llc’s place of business and shall be responsible for all
shipping costs incurred therein.
Customer's exclusive remedy and Huntleigh Healthcare Llc’s exclusive liability for
any claim for loss, damage or destruction resulting from any defects in materials and
workmanship shall be limited to repair, service, adjustment or replacement (at Huntleigh
Healthcare Llc’s option) of any nonconforming or defective Goods. Huntleigh Healthcare Llc
will have a reasonable time to repair, service or replace such Goods. Any Goods returned to
Huntleigh Healthcare Llc which are found not to be defective in breach of the warranty in
Subsection (b) above, shall be returned to Customer in the manner described in this
subsection.
dd))
IN NO EVENT SHALL HUNTLEIGH HEALTHCARE LLC BE LIABLE FOR ANY
INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING BUT NOT LIMITED
TO ECONOMIC LOSS, LOSS OF PROFITS OR SPECIAL DAMAGES) ARISING OUT OF OR
INCURRED BY CUSTOMER IN CONNECTION WITH THE PURCHASE OF HUNTLEIGH
HEALTHCARE LLC.'S GOODS EVEN IF HUNTLEIGH HEALTHCARE LLC HAS BEEN ADVISED
OR HAS KNOWLEDGE OF THE POSSIBILITY OR EXTENT OF SUCH DAMAGES SUFFERED
OR INCURRED BY CUSTOMER OR ANY END USER AS A RESULT OF OR IN CONNECTION
WITH ANY BREACH OF THESE TERMS AND CONDITIONS BY HUNTLEIGH HEALTHCARE
LLC OR ANY TORT (INCLUDING BUT NOT LIMITED TO STRICT LIABILITY OR NEGLIGENCE)
COMMITTED BY HUNTLEIGH HEALTHCARE LLC, ITS AGENTS OR REPRESENTATIVES IN
CONNECTION WITH THESE TERMS AND CONDITIONS OR ANY CONTRACT WITH
CUSTOMER FOR THE SUPPLY OF GOODS.
EENNGGLLIISSHH
((UUSSAA))
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