This warranty statement incorporates KenMed Surgical’s Standard Terms and Conditions – Sales and Services
Term Usage. “Warranted Product” is a collective term which includes equipment purchased by and/or licensed to (as applicable) Customer under the relevant KenMed Surgical quotation.
Equipment Warranty. Except as indicated below or when purchasing group contract is active at time of purchase, KenMed Surgical warrants for 90 days from the Warranty Commencement Date (as defined below) that (i) the equipment will be free from defects in title, material and workmanship under normal use and service and (ii) except for equipment manufactured in compliance with Customer’s designs or specifications, the equipment will perform substantially in accordance with KenMed Surgical’s technical specifications for the equipment (as such specifications exist on the date the equipment is shipped) (the “Equipment Specifications”). This warranty covers both parts and labor and is available only to end-users that purchase the equipment from KenMed Surgical or its authorized distributors. Customers purchasing through an authorized distributor must contact KenMed Surgical promptly following such purchase to enable this warranty.
Pre-owned Equipment. KenMed Surgical’s pre-owned devices are provided with KenMed Surgical’s standard warranties carrying the same duration as the new equipment warranty, but in no event exceeding one year (unless otherwise provided in writing by KenMed Surgical). Except as expressly provided in this paragraph or in the applicable KenMed Surgical quotation, used and/or pre-owned equipment is not warranted by KenMed Surgical.
Supplies and Accessories. KenMed Surgical’s warranty for its supplies and that are shipped with Warranted Products is (a) 30 days for reusable products and (b) the earlier of first use or expiration date for disposable products.
Software and Third-Party Equipment. This warranty does not cover Software. If device includes Third-party software, such products are covered by the third-party manufacturer/supplier’s warranties, to the extent available. Software and Equipment not purchased directly from KenMed Surgical will be treated as Third-Party Software or Equipment.
Parts. KenMed Surgical warranties new parts for 90 days, refurbished parts for 60 days, used parts for 30 days unless otherwise specified in Exhibit A. For purchased parts see Parts Warranty
Specialty Component Pro-Rata Part Warranty. Tubes, digital detectors, and image intensifiers are warrantied Pro-Rata. Pro -Rata warranties are calculated as: 1- (number of days between date of warranty commencement and date of failure / complete warranty period) X 100%. Purchaser must pay the then-current price of the Specialty Component replacement less the Pro Rata warranty allowance.
Refresh services. KenMed Surgical warranties parts and labor for refresh services performed for customer for 1 year unless otherwise specified in quote. Physical damage, environmental damage, consumables excluded. When the repair cost of a piece of Equipment exceeds the one-time expenditure limit factor for medical equipment, it will be the Customers option to repair or replace said Equipment at its expense. The one-time expenditure limit is calculated by (remaining useful life/life expectancy) x current replacement cost.
Unless expressly provided otherwise in this warranty statement, the warranty period begins (the “Warranty Commencement Date”) on the 7th day following shipment to the end-user Customer, unless KenMed Surgical installs the Warranted Products, in which case the warranty period begins on the earlier of (i) the date the Warranted Products are ready for the end-user Customer’s use or (ii) the 15th day following shipment to the Customer if installation is delayed for reasons beyond KenMed Surgical’s reasonable control. The warranty period for any Warranted Product or component furnished to correct a warranty failure will be the unexpired term of the warranty applicable to the repaired or replaced Warranted Product.
If Customer promptly notifies KenMed Surgical of Customer’s warranty claim during the warranty period and makes the Warranted Product available for service, KenMed Surgical will, at its option with respect to equipment, either repair, adjust or replace (with new or exchange replacement parts) the non-conforming Warranted Product or components of the Warranted Product. Warranty service will be performed without charge from 8:00 a.m. to 5:00 p.m. (local site time), Monday-Friday, excluding KenMed Surgical holidays, and outside those hours at KenMed Surgical’s then prevailing service rates and subject to the availability of personnel. For certain Warranted Products, KenMed Surgical will perform warranty service only at an authorized service center. With respect to KenMed Surgical’s warranty for the services it provides to Customer, Customer’s exclusive remedy shall be the reperformance of the applicable services. The foregoing remedies are Customer’s exclusive remedies and KenMed Surgical’s sole liability for warranty claims. This exclusive remedy shall not have failed of its essential purpose (as that term is used in the Uniform Commercial Code) as long as KenMed Surgical remains willing to repair or replace defective Warranted Products within a commercially reasonable time after being notified of Customer’s warranty claim.
KenMed Surgical shall not have any obligation to Customer hereunder if the warranty claim results from or arises out of: (i) the use of the Warranted Product in combination with any software, tools, hardware, equipment, supplies, accessories or any other materials or services not furnished by KenMed Surgical or recommended in writing by KenMed Surgical; (ii) the use of the Warranted Product in a manner or environment, or for any purpose, for which the Original Equipment Manufacturer (OEM) did not design or license it, or in violation of OEM or KenMed Surgical’s recommendations or instructions on use; or (iii) any alteration, modification or enhancement of the Warranted Product by Customer or any party not authorized or approved in writing by KenMed Surgical. In addition, this warranty does not cover the Warranted Product to the extent it is used outside of the continental United States of America. KenMed Surgical does not guarantee that licensed software will operate without error or interruption.
In addition, these warranties do not cover: (i) any defect or deficiency (including failure to conform to Equipment Specifications and/or Licensed Software Documentation, as applicable) that results, in whole or in part, from any improper storage or handling, failure to maintain the Warranted Products in the manner described in any applicable instructions or specifications, inadequate back-up or virus protection or any cause external to the Warranted Products or beyond KenMed Surgical’s reasonable control, including, but not limited to, cyber-attacks, failure to maintain within OEM specifications power quality, grounding, temperature, humidity and repairs due to power anomalies, or any cause external to the equipment or beyond KenMed Surgical’s control; (ii) failure to keep Customer’s site clean and free of dust, sand and other particles or debris (iii) the payment or reimbursement of any facility costs arising from repair or replacement of the Warranted Products; (iv) any adjustment, such as alignment, calibration, or other normal preventative maintenance required of Customer; (v) expendable supply items; and (vi) stockpiling of replacement parts.
For MR/CT systems, these warranties do not cover (i) any defect or deficiency that results, in whole or in part, from failure of any water chiller system supplied by Customer, (ii) service to any water chiller systems supplied by Customer and (iii) any cryogen supply, cryogenic service or service to the magnet, cryostat, coldhead, shield cooler compressor or superconductive or resistive shim coils unless the need for such supply or service is caused by a defect in material or workmanship covered by these warranties. These warranties do not cover consumable items including, but not limited to, bulbs, batteries, paper.
REMEDY AND LIMITATIONS
If the purchaser promptly notifies KenMed Surgical of its claim during the warranty, KenMed Surgical will (at its option) refund, repair, adjust, or replace (with new or refurbished/repaired replacement parts) the non-conforming part. The foregoing is purchaser’s sole and exclusive remedies (and KenMed Surgical’s sole and exclusive liability) for warranty claims. NO OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WILL APPLY. The warranty for a part provided to correct a warranty failure is the unexpired term of the warranty for the repaired or replaced part. Warranty does not include installation.