|Actuated Medical, Inc. (“Manufacturer”) makes certain limited warranties set forth in this Limited Warranty regarding the following products (the “Products” and each a “Product”): Product Description|
|TubeClear Control Box Model 101|
|TubeClear Clearing Stem Model NE-1036|
|TubeClear Clearing Stem Model NE-1042|
|TubeClear Clearing Stem Model NE-1043|
|TubeClear Clearing Stem Model NE-1045|
|TubeClear Clearing Stem Model NE-1048|
|TubeClear Clearing Stem Model NE-1050|
|TubeClear Clearing Stem Model NE-1055|
|TubeClear Clearing Stem Model G-1008|
|TubeClear Clearing Stem Model G-1009|
|TubeClear Clearing Stem Model G-1010|
|TubeClear Clearing Stem Model G-1011|
|TubeClear Clearing Stem Model G-1012|
|TubeClear Clearing Stem Model G-1014|
Manufacturer warrants to the purchaser of the Products (“Customer”) that the Products will be free from defects in material and workmanship per AMI Product specifications for a period of 13 months from the date of purchase (the “Warranty Period”). The foregoing limited warranties are solely to and for the Customer’s benefit.
Limited Warranties do not apply where any Product (a) has been subjected to abuse, misuse, neglect, negligence, accident, improper testing, improper installation, improper storage, improper handling, abnormal physical stress, abnormal environmental conditions or use contrary to any instructions issued by Manufacturer; or (b) has been reconstructed, repaired or altered by persons other than Manufacturer or its authorized representative.
During the Warranty Period, regarding any defective Product deemed defective by the Manufacturer, Manufacturer’s liability under any Limited Warranty is discharged, in Manufacturer’s sole discretion and at its expense, by (i) repairing or replacing the defective Product; or (ii) crediting or refunding the price of the defective Product, less any applicable discounts, rebates or credits.
All claims for breach of a Limited Warranty must be received by Manufacturer no later than fifteen (15) calendar days after the expiration of the Warranty Period.
THIS LIMITED WARRANTY SETS FORTH CUSTOMER’S SOLE REMEDY AND MANUFACTURER’S ENTIRE LIABILITY FOR ANY BREACH OF ANY WARRANTY RELATING TO THE PRODUCTS.
EXCEPT FOR THE EXPRESS LIMITED WARRANTIES DESCRIBED IN THIS LIMITED WARRANTY, NEITHER MANUFACTURER NOR ANY PERSON ON MANUFACTURER’S BEHALF HAS MADE OR MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY WHATSOEVER, INCLUDING ANY WARRANTIES OF: (i) MERCHANTABILITY; (ii) FITNESS FOR A PARTICULAR PURPOSE; (iii) TITLE; (iv) NON-INFRINGEMENT; OR (v) PERFORMANCE OF PRODUCTS TO STANDARDS SPECIFIC TO THE COUNTRY OF IMPORT, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.