Imricor Limited Warranties and Remedies
Limited Warranties and Remedies. Imricor warrants all Products manufactured by it and supplied hereunder, other than its expendable parts or goods intended for one-time or single-patient use (together, “Disposables”), to be free from defects in material and workmanship and shall meet the published technical and performance specifications for the non-Disposable Products for a period of one (1) year from the date of Acceptance. This same warranty is made with respect to Disposables until the earlier of the date of first use or the expiration date of the Disposable. This warranty shall not apply to parts, material and any other products not manufactured by Imricor and sold on a pass-through basis to the Customer; such products are sold AS IS, except that the warranties, if any, of the respective manufacturers of such products, parts or material shall be assigned by Imricor to the Customer. Imricor has no liability for: (i) Products installed by anyone other than it or its authorized agent; (ii) Products which have been repaired or altered by anyone without Imricor's written consent; (iii) Products which have been repaired or altered in a manner not in accordance with written instructions provided by Imricor; (iv) Products that have been operated by personnel that have not been duly trained in the proper operation of the Products; and (v) Products that have been subject to abuse, misuse, negligence, or accidents, including but not limited to failure to maintain the Products in strict compliance with all recommended and scheduled maintenance instructions provided by Imricor. The installation of any software or software updates on the Products that is not authorized in writing by Imricor shall be considered a breach of this warranty and shall relieve Imricor of any further obligations hereunder with respect to the warranty. Warranty coverage does not include any defect or performance deficiency which is the result of (i) operation of the Products or Disposables outside of any specified environmental, electrical, or performance requirements or standards; (ii) power fluctuation or failure at the Customer’s premises; (iii) fires, floods, or other natural causes; or (iv) inadequate environmental conditions (including but not limited to temperature or humidity control, and power quality).
Imricor shall perform any Services it provides hereunder in a manner consistent with customary practice in Imricor’s industry and warrant any Services against failures to meet this standard appearing within thirty (30) days after completion thereof.
The Customer’s sole and exclusive remedy under the above warranties is limited to repairing or replacing, free of charge, at Imricor’s option, a Product, which is reported to Imricor’s Customer Service Center not later than five (5) days after the expiration of the applicable warranty and which is thereafter returned with a statement of the observed deficiency, not later than thirty (30) days after the expiration date of the applicable warranty, to the Imricor’s Customer Service and Distribution Center, transportation charges prepaid, and which, upon Imricor’s examination, is found not to conform with above warranties. Defective Product replacements require pre-approval in the form of a Return Merchandise Authorization (RMA).
Parts replaced in the Equipment during repairs under the terms of this warranty shall have a warranty term of the longer of the remainder of the original Equipment warranty, or three (3) months from installation of the parts replaced. Disposables replaced under the terms of this warranty shall have a warranty term ending on the earlier of the date of first use or the expiration date of the Disposable. If the Customer transfers, sells or assigns the Products other than to an affiliate of the Customer, all obligations under this warranty will terminate unless the Customer receives the prior written consent of Imricor for the transfer, sale or assignment. Upon any transfer or relocation, the Products must be inspected and certified by Imricor as being in compliance with all technical and performance specifications, and the Customer will compensate Imricor for such inspection services at the then prevailing service rates.
THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PURPOSE. IMRICOR SHALL NOT BE SUBJECT TO ANY OTHER OBLIGATIONS OR LIABILITIES WHATSOEVER WITH RESPECT TO PRODUCTS, PARTS OR SERVICES MANUFACTURED OR FURNISHED BY IT, OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO.