Activox LifeChoice XYC105B Руководство по эксплуатации - Страница 14

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WARRANTY

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The Limited Warranty Excludes From Coverage

1. Defects caused by or related to:

a. Abuse, misuse, negligence or accident;

b. Failure to comply with instructions contained in the

Operator's Manual;

c. Alteration or modification by Purchaser;

d. Unauthorized repairs or alterations;

e. Environmental conditions (including but not limited to water,

chemicals, fumes in the atmosphere, extreme heat, spillage of

food or liquid, sand, dirt or the like);

f. Lack of regular, preventive maintenance and cleaning;

g. Damage in shipment;

h. Other acts beyond the reasonable control of Inova Labs.

i. Any damage caused by improper packaging when returning

product to Inova Labs Inc.

Warranty Service and Coverage

Purchaser's exclusive remedy and Inova Labs' sole obligation hereunder shall be

limited to repair, replacement or refund of the purchase price, at Inova Labs'

option. However, this Limited Warranty shall not exclude or limit (1) Purchaser's

statutory rights under the applicable national laws, or (2) Purchaser's rights

against the authorized distributor or vendor.

All items claimed to be defective within the warranty period shall be properly

packaged and shipped on a prepaid basis to Inova Labs (USA sales) or its authorized

distributor at Purchaser's expense. A prior obtained Return Authorization Number

issued by Inova Labs (USA) or its authorized distributor must properly identify

returned items together with proof of purchase date. Items returned without a

Return Authorization Number shall be refused and returned to Purchaser at

Purchaser's expense. Inova Labs shall pay for regular shipment back to Purchaser

for repair or replacement of items under this Limited Warranty.

Purchaser shall notify Inova Labs or its authorized distributor of the alleged defect

within a reasonable time of discovery of the issue and in any event no later than

prior to the expiry of the Limited Warranty coverage.

When repairing or replacing the item, Inova Labs may use functionally equivalent

products or parts that are new, equivalent to new or re-conditioned.

Customer is responsible for proper packaging of all returned items. Any product

damage caused by improper packaging will not be covered under warranty

repair. Warranty does not include shipping to Inova Labs for repair.

As far as national laws permit, the warranty coverage will not be extended or

renewed or otherwise affected due to Inova Labs' authorized repair or

replacement. However, part(s) repaired or replacement product will be warranted

for the unexpired portion of the original Limited Warranty or for sixty (60) days

from the date of repair or replacement, whichever is longer.

NO REPRESENTATIVE OF INOVA LABS HAS AUTHORITY TO MAKE ANY

REPRESENTATIONS OR PROMISES EXCEPT AS STATED HEREIN. THIS

LIMITED WARRANTY IS EXCLUSIVE AND GIVEN AND ACCEPTED IN

LIEU OF ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,

INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND

NON-INFRINGEMENT. INOVA LABS SHALL HAVE NO FURTHER LIABILITY

FOR ANY DAMAGE, LOSS, COST OR FEE OF WHATEVER KIND OR

NATURE, WHETHER FORSEEABLE OR NOT, INCLUDING BUT NOT

LIMITED TO ATTORNEYS' FEES, CONSEQUENTIAL, GENERAL,

SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE

DAMAGES, REGARDLESS OF THE FORM OF THE CLAIM, WHETHER IN

CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR RELATING

TO INOVA LABS' PRODUCTS, AND EVEN IF INOVA LABS HAS BEEN

ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, COSTS OR

FEES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, INOVA

LABS' LIABILITY HEREUNDER OR RELATING HERETO SHALL NOT

EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT, REGARDLESS

OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR

CLAIM IS BASED ON CONTRACT, TORT OR OTHERWISE. PURCHASER

AGREES AND ACKNOWLEDGES THAT THE PRODUCT IS OF A SIZE,

DESIGN AND CAPACITY SELECTED BY ITS MEDICAL PROVIDER. NO

AGREEMENT VARYING OR EXTENDING THIS LIMITED WARRANTY

SHALL BE BINDING UPON INOVA LABS UNLESS IN WRITING, SIGNED

BY A DULY AUTHORIZED REPRESENTATIVE OF INOVA LABS.

Governing Law and Jurisdiction

The rights and obligations of the parties pursuant to this Limited Warranty and

any dispute arising hereunder shall be governed by and interpreted in accor-

dance with the internal (but not the conflicts) laws of the State of Texas, USA. The

1980 U.N. Convention on Contracts for the International Sale of Goods shall not

apply. If any provision of this Limited Warranty is inconsistent with applicable laws

relating to Purchaser, Purchaser agrees to waive any and all rights and remedies

it may have under such laws to the extent it may waive such rights and remedies.

This Limited Warranty is offered as an additional benefit to Purchaser's statutory

rights and it does not affect such statutory rights in any way. The parties agree

and consent that the state or federal courts in Texas shall have exclusive jurisdic-

tion with respect to any dispute arising out of or relating to this Limited Warranty.

EACH PARTY EXPRESSLY WAIVES ALL RIGHTS TO A TRIAL BY JURY.

WARRANTY

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