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Limited Warranty
CardioQuip, LLC ("CardioQuip") provides the following limited warranty ("Limited Warranty") to the purchaser ("Customer)
of the CardioQuip VivaCart (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)
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.
LBL-81 V0
4
below,
©2023 CardioQuip, LLC
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