Warranty And Limitation Of Liability - Tyco Healthcare AutoSonix Manual Del Operador

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Warranty and Limitation of Liability

For the period and subject to the conditions stated herein, United States Surgical, a division of Tyco Healthcare Group LP ("Seller"), warrants
each new AutoSonix™ product listed below ("Product") will be free of defects in material and workmanship and perform as described in
the operator's manual packaged by Seller with the Product, provided that the Product has been used and maintained in strict accordance
with Seller's manual, has not been subject to accident, alteration, damage or misuse, and, other than user maintenance as designated in the
manual, has not been maintained or repaired by any person or entity other than Seller or its authorized representative. This warranty applies
only to new Products purchased by a hospital or other end-user ("Buyer") directly from Seller or its authorized distributor, and is solely for the
benefit of and enforceable by such Buyer. Except as otherwise provided below for replacement Products, this warranty shall be in effect for,
and terminate upon expiration of, the period of time or number of uses set forth below, commencing from the original date of shipment of
the Product by Seller or its authorized distributor to the Buyer. Repair or replacement by Seller of a Product as a result of a failure to conform
to this warranty shall not result in any extension of the warranty period. Any such replacement Product shall be covered by this warranty
only for and during the unexpired period of this warranty, if any, that remained on the replaced Product as of the date of its return to Seller
by Buyer.
AutoSonix™ Generator -- Thirty six (36) Months
AutoSonix™ Foot Switch & Cable -- Eighteen (18) Months
AutoSonix™ Cart -- Twelve (12) Months
AutoSonix™ Transducer -- Nine (9) Months or One Hundred (100) uses, whichever comes first
Any AutoSonix™ transducer which is returned must be accompanied by prepayment of a One Hundred Dollar ($100) inspection fee. If Seller
determines that the returned transducer has failed or malfunctioned due to a defect in material or workmanship, the inspection fee shall not
apply and the prepayment shall be refunded. Otherwise, the inspection fee shall apply, but, at Buyer's election, it shall be waived and the
prepayment shall be credited by Seller against Buyer's purchase of a replacement transducer. Upon request, and subject to availability and
Seller's standard loan terms, Seller will loan to Buyer an AutoSonix™ generator for Buyer's use pending any warranty repairs or replacement of
Buyer's AutoSonix™ generator.
At Seller's option and as its sole and exclusive obligation (and Buyer's sole and exclusive remedy) under the above warranty or otherwise
with respect to any Product that fails to conform to the warranty, subject to the above, Seller shall repair (at a location designated by
Seller), replace F.O.B. the original point of delivery, or refund Buyer's net purchase price paid for, any such Product that Buyer returns to
Seller within the applicable warranty period pursuant to a written return request specifying Buyer's reason to believe the Product is
non-conforming, and that Seller confirms is non-conforming.
Seller makes no warranties of merchantability or fitness for a particular purpose, or any other implied or, except for the above warranty, any express
warranty.
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