Medivators DSD-201 - Page 209

I. LIMITED WARRANTY.
A. WARRANTY. Medivators Reprocessing Systems warrants to the distributor (and to no other person) that the products (as such term
is defined in the distributor agreement), with the exclusion of accessories as defined in b below, and the component parts thereof, dis-
tributed or manufactured by Medivators Reprocessing Systems, shall be free from defects in workmanship and materials (the “war-
ranty”) for a period of fifteen (15) months after the date of shipment of the product by Medivators Reprocessing Systems to
distributor (the “warranty period”).
B. ACCESSORIES. Accessories including, but not limited to, printer and hook-ups have a 90 day warranty.
Ii. LIMITATIONS OF LIABILITIES AND DISCLAIMER OF WARRANTIES.
A. MEDIVATORS REPROCESSING SYSTEMS OBLIGATION. Medivators Reprocessing Systems sole obligation in the case of
any breach of the warranty, shall be, at Medivators Reprocessing Systems option, to repair or replace the product without charge to
distributor or to refund the distributor’s purchase price of the product. In order to recover under the warranty, distributor must send
Medivators Reprocessing Systems written notice of the defect (describing the problem in reasonable detail) prior to the expiration of
the warranty period and within thirty (30) days of discovery of the defect.
B. RETURN PROCEDURE. Upon receiving Medivators Reprocessing Systems official “return goods authorization” (RGA), distrib-
utor shall retum .the product to Medivators Reprocessing Systems, freight and insurance prepaid, for inspection. In the case of inter-
~~ qational shipnierit, contact Medivators Reprocessing Systems international customer service representative for shipping and customs
-~ broker instructions. Medivators Reprocessing Systems will not be responsible for damage due to improper packaging or shipment.
C. ~ REFUND, REPAIR OR REPLACEMENT. If Medivators Reprocessing Systems determines in its sole reasonable discretion that
the preduet contains defective workmanship or materials, Medivators Reprocessing Systems will refund to distributor the purchase
… price for the defective product or return the repaired product or a replacement product to distributor, freight and insurance prepaid, as
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に i soonaş as reasonably possible following receipt and inspection of the product by Medivators Reprocessing Systems. If Medivators
rials, Medivators Reprocessing Systems will return the product to distributor, freight and insurance billed to distributor.
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D VOIDING WARRANTY. This warranty is voided immediately as to any product which has been repaired or modified by any per-
” son other than authorized employees or agents of Medivators Reprocessing Systems or which has been subjected to misuse, abuse,
negligence, damage i in transit, accident or r neglect. Any and all modifications must be approved by the company.
E. “DISCLAIMER OF WARRANTY. Except as provided in paragraph i(a), all products and accessories are being sold to distributor
-on an “as is” basis, The warranty provided in paragraph i(a) is intended solely for the benefit of distributor and Medivators Repro-
7 _ cessing: Systems. disclaims all other warranties, express or implied, including, but not limited to, any implied warranties of merchant-
o ability, fines or for a a particular purpose and warranties arising from course of dealing and usage of trade. Notwithstanding the
Systems thereunder shall be limited to one (1) year after the date of shipment of the product to distributor. No employee, representa-
tive OE agent of Medivators Reprocessing Systems has any authority to bind Medivators Reprocessing Systems to any affirmation,
representation or warranty except as stated in this written warranty policy.
Е. -LIMITATION OF REMEDY. Medivators Reprocessing Systems shall not be liable to any person for any indirect, special, inci-
dental, or consequential damages, including, without limitation, lost profits or medical expenses, caused by the use or sale of the
products, whether arising under warranty or other contract, negligence or other tort or other theory, the remedy provided in paragraph
ii(a) hereof shall constitute distributor’s sole remedy for breach of warranty.
Medivators Reprocessing Systems reprocessors were tested and validated with approved Medivators Reprocessing Systems filters.
Medivators Reprocessing Systems is not responsible for cost of repairs associated with use of non-Medivators Reprocessing Systems
approved filters.