Appendix F: Warranty Information - Spectros T-Stat 2.0 User Manual

Appendix F: Warranty Information

The Spectros T-Stat
2.0
date of delivery to the customer. Spectros MDI warrants the Product to be free of
defects in material or workmanship resulting in the Product's failure to meet Spectros
MDI's published specifications at the time of delivery.
The customer's sole and exclusive remedy with respect to this warranty shall be to repair or, at
Spectros' sole discretion, replace the units that prove to be defective in material or workmanship.
If Spectros determines that the Product is defective and that the claim was made within the
warranty period, Spectros shall satisfy its obligations under this warranty by repairing or
replacing the Product and returning it to the Customer at Spectros' expense. If Spectros
determines that the Product is not defective, or that the claim was not made within the
warranty period, the Customer shall be responsible for all fees related to shipping, and Spectros'
handling, diagnostics, and repair of the system.
Limited Warranty.
THE T-STAT
®
(a)
SPECTROS MDI WILL REPAIR OR REPLACE ANY PART IDENTIFIED AS DEFECTIVE TO
SPECTROS BY THE CUSTOMER FOR THE FIRST YEAR FOLLOWING DELIVERY OF THE T-
STAT .
®
SPECTROS SHALL NOT BE RESPONSIBLE FOR ANY FAILURE OF THE T-STAT
(b)
THAT IS DUE TO NEGLECT, MISUSE, OR ABUSE.
TO THE KNOWLEDGE OF SPECTROS MDI, THE T-STAT
(c)
INFRINGE OR MISAPPROPRIATE THE PATENT RIGHTS OR CONFIDENTIAL
INFORMATION RIGHTS OF ANY THIRD PARTY. SUPPLIER MAKES NO OTHER
REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, AGAINST INFRINGEMENT
OR MISAPPROPRIATION OF ANY THIRD PARTY PATENT OR CONFIDENTIAL
INFORMATION RIGHTS, NOR UNDERTAKES ANY INDEMNITY OBLIGATION IN RESPECT
THEREOF.
EXCEPT FOR THE LIMITED WARRANTIES PROVIDED IN THIS SECTION THE T-STAT
(d)
PROVIDED WITHOUT WARRANTY. SPECTROS EXPRESSLY DISCLAIMS ALL IMPLIED
WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE.
Indemnity.
THE CUSTOMER AGREES TO INDEMNIFY AND HOLD THE SUPPLIER HARMLESS
AGAINST ALL CLAIMS OF THIRD PARTIES AND RELATED LOSSES, LIABILITIES AND
EXPENSES (INCLUDING ATTORNEYS' FEES AND DISBURSEMENTS) ARISING FROM THE
CUSTOMER'S USE OF THE T-STAT
Spectros Medical Devices Inc.
T-STAT 2.0 User Manual
system is warranted free of manufactured defects for one year from the
SHALL BE DELIVERED FREE FROM MANUFACTURING DEFECTS, AND
SYSTEM.
®
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SYSTEM
®
TECHNOLOGY DOES NOT
®
IS
®
Rev B