Product specifications

77
X-ray Limited Warranty
SCOPE OF WARRANTY
MIDMARK CORPORATION warrants to Buyer that any new product
manufactured under PROGENY
®
brand name ("Product") will (i) be free
from defets in material and manufacturing workmanship and (ii) conform to
applicable specifications in effect on the date of shipment. The criteria for
all testing shall be the applicable specifications, utilizing factory-specified
calibration and test procedures and instruments.
All product warranties and all remedies for warranty failures are limited in
time as shown bleow.
DURATION OF WARRANTY
PROGENY
®
brand Collimators, Buckys High Tension Cables, X-ray Systems,
Intraoral Cameras and Digital Sensor Systems shall be warranted for a
period of two years from the original use date of installation or, thirty months
from the date of shipment from PROGENY
®
, whichever occurs first. Any
component furnished without charge to buyer during the warranty period
to correct a warranty failure shall be warranted only to the extent of the
unexpired term of the warranty of the original product.
WARRANTY TERMS AND CONDITIONS
Warranty consideration will be given only for products returned to the
PROGENY
®
factory properly packaged and if applicable, accompanied
by a fully completed Returned Goods Authorization/Service Report.
All shipping charges resulting from Warranty returns are the responsiblity
of the Purchaser. Only in the case of repairs effected under Warranty is
MIDMARK CORPORATION responsible for shipping charges.
WARRANTY EXCLUSIONS
The forgoing warranties are exclusive and in lieu of all other warranties,
whether written, oral, express, implied or statutory. NO IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE SHALL APPLY.
THE WARRANITES AND REMEDIES AVAILABLE TO THE BUYER ARE
CONDITIONED UPON ALL CLAIMS UNDER THIS WARRANTY BEING MADE
WITHIN THE SPECIFIED PRODUCT WARRANTY PERIOD (SEE "DURATION OF
WARRANTY"). THE DATE OF INSTALLATION MUST BE ESTABLISHED BY THE
RETURN TO PROGENY
®
WITHIN 15 DAYS OF THE DATE OF INSTALLATION OF
A FULLY COMPLETED WARRANTY REGISTRATION CARD, SUPPLIED WITH
THE PRODUCT. IN THE ABSENSE OF SUCH PROOF, THE DATE OF SHIPMENT
FROM PROGENY
®
WIL BE CONSIDERED THE DATE OF INSTALLATION.
Warranty coverage does not incude any 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 MIDMARK CORPORATION;
(3) the absence of any product, component or accessory recommended by
MIDMARKCORPORATIONbutomittedatBuyer'sdirection;(4)anydesign,
specifications or instructions furnished by Buyer, its employees, agents or
contractors; (5) any alteration of the Product by persons other than MIDMARK
CORPORATION;(6)combiningMIDMARKCORPORATION'sProductswithany
product furnished by others; (7) combining incompatible products of MIDMARK
CORPORATION; (8) improper or extraordinary use of the Product, improper
maintenance of the Product, or failure to comply with any applicable instructions
or recommendations of MIDMARK CORPORATION, or (9) acts of God, acts of
civil or military authority, fires, floods, strikes or other labor disturbances, war, riots
or other causes beyound the reasonable control of MIDMARK CORPORATION.
MIDMARK CORPORATION does not warrant any product of others where
MIDMARK CORPORATION serves soley as a distributor or resaler.
BUYER'S REMEDIES
If
MIDMARK CORPORATION determines that any Product fails to meet
any warranty during the applicable warranty periods, MIDMARK 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 replaced parts or assemblies.
MIDMARK 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precedingparagraphssetforthBuyer'sexclusiveremediesandMIDMARK'S
sole liability for claims based upon failure of the product to meet any warranty,
whether the claim is on 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
MIDMARK CORPORATION be liable for special or consequential damages.
ECN:P2177