Modifications To Covered Equipment; Quality Control; Limitations Of Liability - Integra CUSA Clarity Operator's Manual

Quality Control

Limitation of Liability
CUSA Clarity Ultrasonic Surgical Aspirator System Operator's Manual
®
3.2 Modifications to Covered Equipment. From time to time, at its sole
discretion, Integra may propose modifications to the covered
Equipment and to the Specifications for the Equipment. Subject to
Customer's approval and at its sole expense, the Customer may
request Integra to make such modifications to the covered
Equipment and to the Specifications. Integra shall make such
modifications for the Customer, which modifications may include
the installation of new parts in the Equipment, at a price equal to
the then-current list price for such modifications, as such list price
is established by Integra in its sole discretion.
4. 1 Customer shall maintain reasonable standards of quality control,
operations, procedures, safety testing and inspection of
Equipment to ensure that unnecessary service or maintenance is
not required hereunder.
4. 2 Customer shall provide a technical counterpart to Integra's
Service Agent for assistance in Integra's telephonic diagnosis of
the malfunction with the Equipment. Customer shall reasonably
accept Integra's determination whether a repair or service is an
in-warranty repair or an out-of-warranty repair.
5. 1 Integra's only responsibility under the warranties described in
Section 1 shall be repair or replacement, at Integra's option and
election, of any Integra product (or part thereof) that Integra
reasonably determines to be covered by this warranty and to be
defective in workmanship or materials. Repair or replacement of
products under this warranty does not extend the warranty period.
THE WARRANTIES DESCRIBED IN SECTION 1 HEREOF ARE
EXCLUSIVE AND ARE GIVEN AND ACCEPTED IN LIEU OF ALL
OTHER WARRANTIES OF INTEGRA OR ITS SERVICE AGENTS
WITH RESPECT TO THE QUALITY, PERFORMANCE AND
OPERATION OF THE EQUIPMENT, WRITTEN OR ORAL,
EXPRESSED
ATTRIBUTABLE TO SERVICE PERFORMED PURSUANT TO
THE WARRANTY.
WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO
THE EQUIPMENT OR THE SERVICES, DIAGNOSES, ADVICE,
ASSISTANCE OR PARTS TO BE TENDERED PURSUANT TO
THE WARRANTY, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTY
ARISING FROM COURSE OF PERFORMANCE, COURSE OF
DEALING, USAGE
APPLIACTION OR WARRANTY OF QUALITY AS WELL AS ANY
EXPRESS OR IMPLIED WARRANTY TO PATIENTS.
OR IMPLIED, AND
INTEGRA DISCLAIMS ALL OTHER
OR TRADE
Warranty
WHETHER OR
OR OTHERWISE,
NOT
OR
B-3