Section 11: Limited Warranty - Fresenius Medical Care 460018 Operator's Manual

S 11: L W
ECTION IMITED ARRANTY
Fresenius USA, Inc., (the Company) warrants to the purchaser that the equipment delivered is free from
defects in material and workmanship for the period specified below, provided that the equipment is used
and maintained in accordance with the Company's Operating Instructions.
A. Mainframe chassis and electronic components, lamps, etc. shall be warranted for ninety (90)
days from the date of initial installation or one hundred and eighty (180) days from the date of
shipment, whichever comes first.
B. Consumables shall not be warranted.
The Company will repair or replace, at the company's 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. The Company reserves the right
to determine the location at which the repair or replacement shall be accomplished.
This Warranty does not apply to any equipment which is misused, abused, neglected, tampered with,
damaged by accident, flood, fire, corrosion, or other hazard, subjected to abnormal or unusual electrical or
fluid stress, improperly installed or operated, not maintained in accordance with the routine maintenance
schedule set forth in this Operator's Manual.
The foregoing Warranty shall be in lieu of any other warranties, expressed, implied or statutory,
respecting the equipment or any parts or components thereof. The Company makes no implied warranty
of merchantability or fitness for a particular purpose. The purchaser's sole and exclusive remedy in
contact, 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 of liability with respect to the equipment or its sale, operation and use, and
the Company neither assumes, nor authorized the assumption of, any obligation or liability in connection
with such equipment.
TERMS: Net 30 Days, FOB Shipping Points plus sales and similar taxes. The Company's prices do not include
sales, use, excise or similar taxes. Consequently, in addition to the prices specified herein, the amount of
any present or future sales, use, excise or similar tax applicable to the sale or use of the equipment
hereunder shall be paid by the purchaser, or in lieu thereof, the purchaser shall provide the Company with a
tax exemption certificate acceptable to the taxing authorities.
INSTALLATION: purchase prices will include installation and operation training for purchaser's personnel
when a complete system is purchased. Installation for replacement parts will be charged to the purchaser
on a time, material and expense basis unless covered under the limited warranty or a service contract.
SHIPPING: The Company will use its own judgment in determining the most effective method of shipping
unless otherwise specified by the purchaser.
38 P/N 460018 Rev. D