January 14, 2008 2G0733 A-1
Appendix A: Warranty and
Limitation of
Liability
Important Notice to Purchaser
Carestream Health, Inc. warrants that Carestream Health, Inc. hardware
products will be free from defects in parts, materials and manufacture.
For defects occurring during the warranty period and about which
Carestream Health, Inc. has received notice during the warranty period,
Carestream Health, Inc. will provide Customer with free replacement
parts and labor to replace warranty-covered items.
THIS WARRANTY IS MADE IN LIEU OF ALL OTHER
PRODUCT WARRANTIES, EXPRESS AND IMPLIED,
INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE AND THOSE ARISING FROM A
COURSE OF DEALING OR USAGE OF TRADE. The express
warranty does not apply to the following: expendable parts; defects or
damage due to neglect, misuse, operator error, improper installation or
alteration of Carestream Health, Inc. hardware products or operation of
Carestream Health, Inc. hardware products out of specification.
EXCEPT FOR THE EXCLUSIVE REMEDY STATED
ABOVE, CARESTREAM HEALTH, INC. IS NOT LIABLE
FOR ANY DIRECT, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, HOWEVER OCCURRING
AND REGARDLESS OF THE LEGAL THEORY
ASSERTED, INCLUDING NEGLIGENCE AND STRICT
LIABILITY. Carestream Health, Inc. shall in no event be liable
for any of the following:
• Performance or non-performance of any network utilized by the
Customer.
• Performance or non-performance of any third party equipment or
software.
• Impact of any Carestream Health, Inc. product upon a network or
third party equipment or software.
• Malicious software infections caused by others.
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