Warranty Limitations; Warranty - Surgimedics Surgifresh Turbo Benutzerhandbuch

WARRANTY

Warranty Limitations

Surgimedics makes no express guarantees, warranties, or other representations as to its products, other than those
appearing in its written form in its own trade literature or written proposals. Surgimedics expressly disclaims the implied
warranties of merchantability, fitness for a particular purpose, and noninfringement in relation to any of its products. In
no event shall Surgimedics be liable to the purchaser of any product for consequential, incidental, or special damages
irrespective of whether such damages are alleged to arise in tort, contract, law, equity, or by statute. The above
provisions relating to the exclusion of consequential, incidental, and special damages shall survive and remain in force
notwithstanding a finding by a court of competent jurisdiction that the exclusive remedy provided below to a product
purchaser has failed of its essential purpose.
For a period of one year, Surgimedics will repair or replace, at its option, any product, or part thereof, that fails because
of a material or manufacturing defect; provided that (1) the defect is not caused by the purchaser or its customer, (2)
the product was not custom manufactured to the specifications of the purchaser, and (3) the product has not been
damaged, altered, or defaced. This limited warranty shall be the sole and exclusive remedy of the purchaser, irrespective
of whether the claims of purchaser are made in contract, tort, warranty, law, equity, or by statute. In the event that a court
of competent jurisdiction determines that the exclusive remedy set forth above has failed of its essential purpose, such a
failure shall entitle the purchaser to a return of the purchase price of the product involved.
Shipping Damage
Title and risk of loss will pass to purchaser upon delivery at the (Ex-Works) point. Delivery shall be (Ex-San Antonio,
Texas). Surgimedics will, as an accommodation to purchaser unless otherwise directed in writing, ship product to
purchaser at its address, freight prepaid and insured at purchasers risk and expense. Purchaser should (1) inspect all
packaging for external damage, (2) report the same to the carrier, (3) obtain an inspection report from the carrier within
15 days, and (4) file a claim with the carrier.
Returned Goods Policy
A request for return authorization must be submitted to Surgimedics Customer Service Department prior to the return of
any product. The request for return authorization must include the product catalog number, product lot number, quantity,
and specific reason for the return. No product may be returned after 90 days from the original date of purchase, unless
defective.
Where a return of any product is authorized, Surgimedics will provide a return authorization number. Each shipping
container must be marked with the return authorization number or it will not be accepted. All product must be returned
freight prepaid except returns due to our shipping error, material or manufacturing defects, or damage during shipment
that renders the product unsalvageable upon receipt. Unsalvageable product must be returned via the original carrier.
Credit may be issued to the original purchaser for authorized returns of salable, unused product in unopened
boxes in Surgimedics current catalog, subject to a 35% restocking fee. Surgimedics Quality Assurance
Department will inspect returned product to determine whether it is in salable condition. Credit, including
transportation costs, will be issued to the original purchaser for authorized returns within 90 days for product
discovered upon inspection to be unsalvageable or shipped in error. Except for defective products, no credit will
be issued for unauthorized returns, returns after 90 days from original date of purchase, custom manufactured
product, or unsalable product.
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