Gendex AcuCam Concept IV FWT User Manual page 60

AcuCam® Concept® IV FWT User Manual
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Warranty coverage does not include defect or deficiency (including failure to
conform to Product descriptions or specifications) which result, in whole or in
part, from (1) negligent storage or handling of the Product by Buyer, its
employees, agents or contractors; (2) failure of Buyer to prepare the site or
provide power requirements or operating environmental conditions in
compliance with any applicable instructions or recommendations of Gendex;
(3) the absence of any product, component, or accessory recommended by
Gendex, but omitted at Buyer's direction; (4) any design, specification, or
instruction furnished by Buyer, its employees, agents or contractors; (5) any
alteration of the Product by any person other than Gendex; (6) combining
Gendex's Product with any product furnished by others; (7) combining
incompatible products of Gendex; (8) improper or extraordinary use of the
Product, improper maintenance of the Product, or failure to comply with any
applicable instructions or recommendations of Gendex; or (9) acts of God,
acts of civil or military authority, fires, floods, strikes or other labor
disturbances, war, riots, or other causes beyond the reasonable control of
Gendex. Gendex does not warrant any product of others where Gendex serves
sole as a distributor or resaler.
BUYER'S REMEDIES
If Gendex determines that any Product fails to meet any warranty during the
applicable warranty periods, Gendex shall correct any such failure either, at its
option (a) by repairing, adjusting, or replacing any defective or non-
conforming Product, or defective or damaged part or parts of the Product or (b)
by making available at the place of assembly any necessary repaired or
replacement parts or assemblies. Gendex shall have the option to furnish
either new or exchange replacement parts or assemblies.
Installation, troubleshooting or repair services are not included in this
warranty. Warranty of service is the responsibility of the dealer selling the
equipment.
The remedies set forth herein are conditioned upon Buyer promptly notifying
Gendex within the applicable warranty period of any defect or non-
conformance and making the Product available for correction at a mutually
agreed upon time and place.
The preceding paragraph set forth Buyer's exclusive remedies and Gendex's
sole liability for claims based upon failure of the Product to meet any warranty,
whether the claim is in contract, warranty, tort (including negligence and strict
liability) or otherwise and however instituted, and upon the expiration of the
applicable warranty period, all such liability shall terminate. In no event shall
Gendex be liable for special or consequential damages.
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