Limitation Of Liability - Integra CUSA Clarity System Service And Maintenance Manual

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12.7 Limitation of Liability

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 OR IMPLIED, AND WHETHER OR NOT ATTRIBUTABLE TO SERVICE PERFORMED PURSUANT TO THE WARRANTY. INTEGRA DISCLAIMS ALL
OTHER 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 OR TRADE OR
OTHERWISE, OR APPLIACTION OR WARRANTY OF QUALITY AS WELL AS ANY EXPRESS OR IMPLIED WARRANTY TO PATIENTS.
Further, this warranty shall not apply to, and Integra shall not be responsible for, any loss arising in connection with the purchase or use of any Integra
product that has been repaired by anyone other than an authorized Integra service representative or altered in any way so as, in Integra's sole judgment,
to affect its stability or reliability, or which has been subject to misuse, negligence or accident, or which has been used other than in accordance with
the instructions furnished by Integra.
IN NO EVENT SHALL INTEGRA, ITS AFFILIATES, ASSIGNEES OR SERVICE AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, CONSEQUENTIAL,
SPECIAL OR PUNITIVE DAMAGES IN CONNECTION WITH THE ACQUISITION OR USE OF ANY INTEGRA PRODUCT, OR OF LOSS OF USE, REVENUE
OR PROFIT, WHETHER ARISING IN CONTRACT OR IN TORT, BY VIRTUE OF THE WARRANTY OR ANY PERFORMANCE OR BREACH BY INTEGRA, ITS
AFFILIATES, ASSIGNEES OR SERVICE AGENTS HEREUNDER OR PURSUANT HERETO.
Customer agrees that, notwithstanding the technical assistance provided pursuant to the Warranty by Integra or its representatives, Customer shall be
fully responsible for all treatments performed or attempted with the Equipment.
INTEGRA MAKES NO REPRESENTATION OR WARRANTY AS TO THE EFFICACY OF THE EQUIPMENT OR OF THE TECHNICAL ASSISTANCE TO BE
RENDERED BY INTEGRA, ITS AFFILIATES, ASSIGNEES OR SERVICE AGENTS, FOR PURPOSES OF THE PARTICULAR TREATMENT THAT CUSTOMER
UNDERTAKES TO PERFORM FOR THIRD PARTIES.
Moreover, Customer shall not make any claim against Integra or any of its affiliates, assignees or representatives with respect to the efficacy of the
Equipment or of said technical assistance or with respect to any claims by third parties related to any treatment undertaken by Customer.
Force Majeure. Notwithstanding anything to the contrary herein contained, if the performance of the Warranty by Integra or Customer or any obligation
of Integra or Customer hereunder is prevented, restricted or interfered with by reason of fire, explosion, act of God, labor disputes or accidents affecting
performance under the Warranty, or war, mobilization, civil commotions, blockade or embargo, or any future law, regulation, ordinance or requirement
of any government or regulatory agency or any other act, whatsoever similar to those above enumerated, or any other circumstance being beyond the
reasonable control of Integra or Customer, then and in that event Integra or Customer, as the case may be, shall promptly notify the other party hereto
of the resulting difficulties therefrom, and any of the foregoing events shall excuse any performance required under the Warranty
CUSA® Clarity System Service and Maintenance Manual
Page 101 of 117
0645403-2-EN

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