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Warranty
7. Warranty
a) ARJOHUNTLEIGH INC. HEREBY DISCLAIMS ALL EXPRESS OR
IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) AND ANY
AGREEMENTS, REPRESENTATIONS, AFFIRMATIONS, OR WARRANTIES, WHETHER
ORAL OR WRITTEN, MADE BY ANY AGENT, EMPLOYEE OR REPRESENTATIVE OF
ARJOHUNTLEIGH INC., UNLESS SPECIFICALLY SET FORTH IN THIS PARAGRAPH.
ARJOHUNTLEIGH INC. 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 ARJOHUNTLEIGH INC. THAT MAY BE LAWFULLY
EXCLUDED ARE HEREBY EXCLUDED.
b) Notwithstanding the foregoing, ArjoHuntleigh Inc.’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; provided that the Goods were
used in an appropriate and reasonable manner during such period and provided further
that ArjoHuntleigh Inc. shall be 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 ArjoHuntleigh Inc.; (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 qualifi ed and trained technicians.
c) Customer must provide written notice to ArjoHuntleigh Inc., within said
warranty period of any defect in the Goods. Upon ArjoHuntleigh Inc.’s written request,
Customer must return such Goods adequately packed (in their original packing) and fully
insured to ArjoHuntleigh Inc.’s place of business and shall be responsible for all shipping
costs incurred therein.
Customer’s exclusive remedy and ArjoHuntleigh Inc.’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 ArjoHuntleigh Inc.’s option) of
any nonconforming or defective Goods. ArjoHuntleigh Inc. will have a reasonable time to
repair, service or replace such Goods. Any Goods returned to ArjoHuntleigh Inc. which
are found not to be defective in breach of the warranty in Subsection (b) above, shall be
returned to the Customer in the manner described in this subsection.
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