Thermedx P2000 - Limited Product Warranty; Scope of Limited Product Warranty; Limitations of Limited Product Warranty; Exclusions of Limited Product Warranty

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Part Number - 00824 Revision K, DCO 2017-0074
© 2017 Thermedx
®
, LLC
Section 9 – Limited Product Warranty
Pursuant to Thermedx
®’
s Terms & Conditions of Sale in Section 13, Thermedx
®
will provide the Customer
with the following express limited warranty on the respective Products (the “Limited Product Warranty”);
(*End User subject to Distributor’s Limited Product Warranty, if Products supplied by Distributor)
A. Scope of Limited Product Warranty: Thermedx
®
warrants the FluidSmart
®
to be free from defects
in materials and workmanship under normal use and service, for a period of twelve (12) months
from the date of shipment to the End-User(s). Thermedx
®
warrants the Thermedx
®
Disposables
to be free from defects in materials and workmanship under normal use and service until the
expiration date set forth on the label of the Disposables.
B. Limitations of Limited Product Warranty: Thermedx
®
's sole responsibility, and the exclusive
remedy for Customer under the Limited Product Warranty, will be to repair or replace, at
Thermedx
®
's option as determined in its sole and absolute discretion, any defective component(s)
or Product(s) and pay transportation expenses for such replacement. Any replacement or repaired
Product(s) will be covered only for the remainder of the original Limited Product Warranty period.
In the event no defect is discovered by Thermedx
®
upon receipt of any returned Product(s), the
Product will be returned to Customer at Customer's expense and Customer will, if requested by
Thermedx
®
, reimburse Thermedx
®
for the transportation charges, labor and associated charges
incurred in testing the allegedly defective Product.
EXCEPT FOR THIS LIMITED PRODUCT WARRANTY, THERMEDX
®
MAKES NO OTHER WARRANTIES,
EITHER EXPRESS OR IMPLIED, REGARDING THE PRODUCTS COVERED HEREBY INCLUDING
WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A
PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY DISCLAIMED BY THERMEDX
®
. NO
EMPLOYEE, AGENT OR REPRESENTATIVE OF THERMEDX
®
IS AUTHORIZED TO MAKE ANY
REPRESENTATION OR WARRANTY ON BEHALF OF THERMEDX
®
EXCEPT FOR THERMEDX
®
’S
PRESIDENT OR EXECUTIVE VICE-PRESIDENT IN WRITING. THERMEDX
®
WILL NOT BE LIABLE TO
ANY CUSTOMER (INCLUDING NEGLIGENCE AND STRICT LIABILITY), FOR ANY LOSS, COSTS,
EXPENSES OR DAMAGES OF CUSTOMER OR OTHER PARTIES, AND/OR FOR ANY DIRECT, SPECIAL,
INDIRECT, INCIDENTAL, PUNATIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR EXPENSES
WHATSOEVER, INCLUDING BUT NOT LIMITED TO, ANY DELAYS, DOWNTIME, LOSS OF USE OF
THE PRODUCT(S), AND/OR LOSS OF REVENUES, PROFITS, OR INCOME, WHETHER BASED IN
CONTRACT, WARRANTY, TORT, INCLUDING WITHOUT LIMITATION, STRICT LIABILITY,
NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY. THERMEDX
®
'S TOTAL LIABILITY
FOR ANY CLAIM OR ACTION WILL NOT EXCEED THE PURCHASE PRICE OF THE PRODUCTS OUT
OF WHICH SUCH CLAIM OR ACTION AROSE.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THERMEDX
®
WILL HAVE
NO LIABILTY WHATSOEVER TO CUSTOMER OR ANY OF ITS PATIENTS, FOR ANY
CUSTOMER OR THIRD PARTY PRODUCTS OR ACCESSORIES ATTACHED TO
THERMEDX
®
’S PRODUCTS, OR FOR ANY INJURY DIRECTLY OR INDIRECTLRY
RESULTING FROM A PRE-EXISTING CONDITION OF CUSTOMER’S PATIENT(S).
C. Exclusions of Limited Product Warranty: Thermedx
®
's Limited Product Warranty on the Product(s)
will NOT apply if Thermedx
®
determines in its sole and absolute discretion that any of the following
have occurred: (i) The Product(s) is not used or maintained in accordance with Thermedx
®
’s Device
Operation Manual, written instructions, and/or labeling; (ii) Any unauthorized modifications,
repairs, service, alterations or other work have been performed on such Product(s), other than
work performed with Thermedx
®
's written authorization and according to its approved procedures;