Limited Warranty - CardioQuip MCH-1000 Operators & Service Manual

Limited Warranty

CardioQuip, LLC ("CardioQuip") provides the following limited warranty ("Limited Warranty") to the
purchaser ("Customer) of the CardioQuip MCH-1000 Series Cooler-Heater System (the "Equipment").
A. This Limited Warranty provides the following assurances to Customer regarding the Equipment:
(1) Should the Equipment fail to function within normal tolerances due to a material defect in
parts or labor within a period of one (1) year, commencing with the delivery of the Equipment to
Customer, CardioQuip will at its sole reasonable discretion:
(a) repair or replace any defective part or parts of the Equipment;
(b) issue a credit to the purchaser equal to the Purchase Price, as defined in
Subsection A.(2) below, against the purchase of the replacement Equipment; or
(c) provide a functionally reasonably comparable replacement Equipment at no
charge.
(2) As used herein, "Purchase Price" shall mean the lesser of the net invoiced price of the
original, or current functionally comparable, or replacement Equipment.
B. To qualify for the repair, replacement or credit as set forth in Section A of this Limited Warranty, the
following conditions must be met:
(1) The Equipment must be returned to CardioQuip within thirty (30) days after Customer's
discovery of the material defect. CardioQuip may, at its sole reasonable discretion, elect to repair
the Equipment on site.
(2) The Equipment must not have been repaired or altered outside of CardioQuip's factory in
any way which, in the sole reasonable judgment of CardioQuip, affects its stability and reliability.
The Equipment must not have been subjected to misuse, abuse or accident by Customer.
(3) The Equipment must not have been shipped by commercial carrier beyond the point of
CardioQuip's initial shipment.
C. This Limited Warranty is limited to its express terms. In particular:
(1) Except as expressly provided by this Limited Warranty, CARDIOQUIP IS NOT RESPONSIBLE
FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES BASED ON ANY DEFECT, FAILURE
OR MALFUNCTION OF THE EQUIPMENT, WHETHER THE CLAIM IS BASED ON WARRANTY,
CONTRACT, TORT, OR OTHERWISE.
(2) THIS LIMITED WARRANTY IS MADE ONLY TO THE CUSTOMER. AS TO ALL OTHERS,
CARDIOQUIP MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE
WHETHER ARISING FROM STATUTE, COMMON LAW, CUSTOM OR OTHERWISE. NO EXPRESS OR
IMPLIED WARRANTY TO CUSTOMER SHALL EXTEND BEYOND THE PERIOD SPECIFIED IN A.(1)
ABOVE. THIS LIMITED WARRANTY SHALL BE THE EXCLUSIVE REMEDY AVAILABLE TO CUSTOMER
OR ANY THIRD PARTY.
(3) The exclusions and limitations set out above are not intended to and should not be
construed so as to contravene mandatory provisions of applicable law. If any part or term of this
Limited Warranty is held to be illegal, unenforceable or in conflict with applicable law by a court
of competent jurisdiction, the validity of the remaining portions of the Limited Warranty shall not
be affected, and all rights and obligations shall be construed and enforced as if this Limited
Warranty did not contain the particular part or term held to be invalid. This Limited Warranty
gives Customer specific legal rights. Customer may also have other rights under applicable law
which may vary from state to state.
(4) CardioQuip employees have no authority to bind CardioQuip to any representation,
condition or warranty except this Limited Warranty.
GENERAL INFORMATION | Limited Warranty 11