Warranty - Fresenius Medical Care 2008T Operator's Manual

Warranty

SALE of the machine or parts described or referenced herein is expressly conditioned upon the
terms and conditions set forth below. Any additional or different terms or conditions set forth by
the Purchaser to Fresenius USA, Inc., (herein called "the Company") shall not be effective or
binding, and the terms set forth herein shall not be modified or amended, unless assented to in
writing by an authorized official of the Company located in Waltham, Massachusetts.
LIMITED WARRANTY: The Company warrants to the Purchaser that the equipment delivered
is free from defects in material or workmanship for the periods specified below, provided the
equipment is used and maintained in accordance with the original manufacturer's operating
instructions:
A. Mainframe chassis, and electronic components, lamps, etc. shall be warranted for one hundred
and eighty (180) days from the date of installation or 2,000 metered hours, whichever occurs first.
B. Consumables are not covered under warranty. Consumables are those parts used in the
performance of a Preventive Maintenance procedure as described in the Preventive Maintenance
Procedures booklet. This includes routine calibrations, electronic and hydraulic, as outlined in the
Preventive Maintenance checklist.
The Company will repair or replace, at its option, using new or reconditioned parts and/or
assemblies, any parts subject to this warranty, which are proven defective in materials or
workmanship. Such repair and replacement will be made without cost to the Purchaser, and the
Company reserves the right to determine the location at which the repair or replacement will be
accomplished. The Warranty does not apply to any equipment which is misused, abused,
neglected, tampered with, damaged by accident, flood, fire, or other hazard, subjected to abnormal
or unusual electrical or fluid stress, improperly installed or operated, or not maintained in
accordance with the routine maintenance schedule set forth in the operating manual for the
equipment. Routine maintenance is not covered under warranty. Modifications, alterations,
installation and service by other than a FRESENIUS USA, Inc. authorized representative may
void the warranty.
WARRANTIES APPLICABLE TO EQUIPMENT EXTEND ONLY TO THE PURCHASER,
AND ARE NOT ASSIGNABLE OR TRANSFERABLE, AND SHALL NOT APPLY TO
AUXILIARY EQUIPMENT, DISPOSABLE ACCESSORIES, OR LIGHT SOURCES. THE
FOREGOING WARRANTY SHALL BE IN LIEU OF ANY OTHER WARRANTIES,
EXPRESSED IMPLIED OR STATUTORY, RESPECTING THE EQUIPMENT OR ANY
PARTS OR COMPONENTS THEREOF, AND THE COMPANY MAKES NO IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE PURCHASER'S SOLE AND EXCLUSIVE REMEDY IN CONTRACT, TORT, OR
UNDER ANY OTHER THEORY AGAINST THE COMPANY RESPECTING THE
EQUIPMENT AND ITS USE SHALL BE THE REPLACEMENT OR REPAIR OF THE
EQUIPMENT AND ITS PARTS AS DESCRIBED ABOVE, AND NO OTHER REMEDY
(INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL DAMAGES) SHALL BE
AVAILABLE TO THE PURCHASER. The Company shall have no further obligation or liability
with respect to the equipment or its sale, operation and use, and the Company neither assumes,
nor authorizes the assumption of, any obligation or liability in connection with such equipment.
REFER ALL SERVICING AND INFORMATION REQUESTS TO:
Fresenius USA, Inc.
Attention: Service Department
4040 Nelson Avenue
Concord, CA 94520
Telephone: (800) 227-2572
2008T Machine Operator's Manual P/N 490122 Rev N
Appendix C
275