Chapter 12 Warranty; Overview; Coverage; Exclusions - Integra CUSA Clarity System Service And Maintenance Manual

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Chapter 12 - Warranty

12.1 Overview

Integra LifeSciences Corporation and its wholly owned subsidiaries ("Integra") warrant to Integra authorized distributors and to the original purchaser
only that each new Integra® CUSA® Clarity Ultrasonic Surgical Aspirator System ("CUSA® Clarity") is free from defects in materials and workmanship
under normal use and service for a period of one (1) year from the date of delivery ("Warranty Period") by Integra to the original purchaser, but in no
event beyond the expiration date stated on any product labeling (hereinafter the Warranty Period). For the purpose of products sold by Integra through
an Integra-authorized distributor, "original purchaser" shall mean the purchaser of Integra products to whom an Integra-authorized distributor first
sells the product. The original purchaser is hereinafter referred to as Customer.

12.2 Coverage

During the Warranty Period, Integra shall provide free-of-charge service and maintenance consistent with the provisions of Section 3 of this Warranty,
so that the Equipment conforms to the specifications defined in the CUSA® Clarity Operator's Manual; as such Operator's Manuals may be modified by
Integra from time to time (the "Specifications").

12.3 Exclusions

The Warranty shall not apply in any manner to service or maintenance of the Equipment, or to replacement of its parts, with respect to:
• use of Equipment with any tips, flues, and cartridge and tubing sets and accessories other than those manufactured by Integra LifeSciences;
• defects arising out of materials or parts provided, modified, or designed by anyone other than an authorized Integra service agent (the "Integra
Service Agent");
• defects emanating from improper or negligent installation, storage, or use of the Equipment or any component thereof, including but not limited
to operating the Equipment not in accordance with instructions provided in the Operator's Manual;
• defects arising from improper or negligent cleaning or sterilization methods or improper maintenance of the Equipment;
• defects resulting from repairs or service of the Equipment provided other than by Integra or its authorized representatives;
• defects arising from accidental damage to the Equipment, acts of God, electrical power damage, equipment malfunction, unusual stress,
unreasonable operating procedures, or abnormal or extreme operating conditions;
• normal wear and tear.

12.4 Service, Repairs, and Replacement

All service and repairs covered by this Warranty may be referred to hereinafter as "in-warranty repairs," and all service and repairs not covered by this
Warranty may be referred to as "out-of-warranty repairs." Integra's sole obligation for in-warranty repairs shall be to make all necessary adjustments and
repairs in accordance with this Warranty. Integra shall charge Customer at Integra's then-standard rates for any out-of-warranty repair performed by
Integra.
Equipment Replacement. The defective Equipment or part thereof that is replaced in accordance with the Warranty shall be the property of Integra.
Integra reserves the right to fill spare parts requests using refurbished sub-assemblies provided that such sub-assemblies are functionally equivalent to
new sub-assemblies and carry the same warranty as the replaced sub-assemblies.
Notification. In order to avail itself of its rights under the Warranty, Customer or Integra authorized distributors, must immediately notify Integra of any
defects and provide Integra every opportunity to inspect and remedy defects.
CUSA® Clarity System Service and Maintenance Manual
Page 99 of 117
0645403-2-EN

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