NESS L300 Extended Warranty
BIONESS EQUIPMENT 12-MONTH EXTENDED-WARRANTY1
(U.S. Customers Only)
| A. | This 12-Month Extended-Warranty provides the following assurance to the purchaser of this Bioness product, hereafter referred to as the "Equipment": |
| (1) | Should the Equipment fail to function within normal tolerances due to a defect in materials or workmanship (including as a result of normal wear and tear) within a period of one (1) year, commencing upon the latter of the expiration of the original manufacturer's warranty if the original warranty is still in effect or the purchase of this 12-Month Extended-Warranty, Bioness will at its option and in its sole discretion: (a) repair or replace any part or parts of the Equipment; or (b) provide a functionally comparable replacement at no additional charge. THIS IS PURCHASER'S SOLE AND EXCLUSIVE REMEDY, AND BIONESS' SOLE AND EXCLUSIVE LIABILITY WITH REGARD TO EQUIPMENT DEFECTS. BIONESS HEREBY DISCLAIMS AND PURCHASER HEREBY WAIVES ANY AND ALL OTHER REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, ARISING OUT OF OR RELATED TO THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE EQUIPMENT FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT WHETHER ARISING FROM STATUTE, COMMON LAW, CUSTOM OR OTHERWISE. |
| (2) | As part of the repair or replacement of the Equipment, the Equipment will be reset to the original manufacturer's specifications. The purchaser of the Equipment will be required, at the purchaser's expense, to have a therapist or physician reconfigure the Equipment for the purchaser's individual needs. |
| B. | To qualify for the 12-Month Extended-Warranty set forth in Section A, all of the following four (4) conditions must be met: |
| (1) | The purchaser of the Equipment must notify Bioness in writing of the defect within fifteen (15) days of the discovery of the defect at the following address: Bioness Inc., 25103 Rye Canyon Loop, Valencia, California 91355, Attn: Bioness Customer Support. |
| (2) | By the date specified by Bioness, the Equipment must be returned to Bioness for repair. |
| (3) | The Equipment must not have been repaired or altered other than by Bioness. In addition, the Equipment must not have been subjected to misuse, abuse or accident. Further, the Equipment may only have been used by the purchaser, and in the event purchaser is a Bioness trained facility, patients of such facility. |
| (4) | The purchaser of the 12-Month Extended-Warranty must be current on all payments due to Bioness for the 12-Month Extended-Warranty and the Equipment at the time the Equipment is submitted for repair or replacement. |
| C. | This 12-Month Extended-Warranty is limited to its express terms. In particular: |
| (1) | Except as expressly provided by this 12-Month Extended-Warranty in paragraph A(1) above, BIONESS IS NOT RESPONSIBLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND ARISING OUT OF OR RELATED TO ANY DEFECT, FAILURE, MALFUNCTION, USE OR MISUSE OF THE EQUIPMENT, WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. |
| (2) | This 12-Month Extended-Warranty is made only to the actual purchaser of the Equipment, whether or not such purchaser is an individual person or an organization. AS TO ALL OTHERS, BIONESS MAKES NO AND HEREBY DISCLAIMS ANY AND ALL OTHER REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, ARISING OUT OF OR RELATED TO THE EQUIPMENT, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE EQUIPMENT FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, WHETHER ARISING FROM STATUTE, COMMON LAW, CUSTOM OR OTHERWISE. NO EXPRESS OR IMPLIED WARRANTY TO THE PURCHASER SHALL EXTEND BEYOND THE PERIOD SPECIFIDED IN A(1) ABOVE. THIS 12-MONTH EXTENDED-WARRANTY SHALL BE THE EXCLUSIVE REMEDY AVAILABLE TO ANY PERSON. |
| (3) | The disclaimers of representations and warranties and limitations of liability set forth herein form an essential basis of the bargain between the parties, were specifically bargained for, and Bioness has set its price for, and other terms and conditions applicable to, the Equipment in reliance thereon. The parties expressly agree that such disclaimers and limitations shall apply in full force and effect even if all other remedies fail of their essential purpose. |
| (4) | The exclusions and limitations set out above are not intended to, and should not be construed so as to contravene mandatory provisions of applicable law. If any part or term of this 12-Month Extended-Warranty is held to be illegal, unenforceable or in conflict with applicable law by a court of competent jurisdiction, the validity of the remaining portions of the 12-Month Extended-Warranty shall not be affected, and all rights and obligations shall be construed and enforced as if this 12-Month Extended-Warranty did not contain the particular part or term held to be invalid. This 12-Month Extended-Warranty gives the purchaser specific legal rights. The purchaser may also have other rights which vary from state to state. |
| (5) | No person has any authority to bind Bioness to any representation, condition or warranty except this 12-Month Extended-Warranty. |
|
1 This 12-Month Extended-Warranty is provided by Bioness Inc., 25103 Rye Canyon Loop, Valencia, California 91355. It applies only in the United States. Purchasers in areas outside the United States should contact their local Bioness representative for exact terms of the 12-Month Extended-Warranty. 602-00138 Rev. A |
|