Product Manual

7
WARRANTY INFORMATION
Your Welch Allyn Warranty
WELCH ALLYN, INC., (hereinafter referred to as “Welch Allyn”) hereby warrants that Welch Allyn products
(hereinafter referred to as “Product/s”) shall be free from defects in material and workmanship under normal use,
service, and maintenance for the warranty period of such Product/s from Welch Allyn or an authorized distributor
or representative of Welch Allyn. The warranty period is defined as twenty-four (24) months following the date of
shipment from Welch Allyn. Normal use, service, and maintenance means operation and maintenance in
accordance with appropriate instructions and/or information guides. This warranty does not apply to damage to
the Product/s caused by any or all of the following circumstances or conditions:
a) Freight damage;
b) Parts and/or accessories of the Product/s not obtained from or approved by Welch Allyn;
c) Misapplication, misuse, abuse, and/or failure to follow the Product/s instruction sheets and/or
information guides;
d) Accident; a disaster affecting the Product/s;
e) Alterations and/or modifications to the Product/s not authorized by Welch Allyn;
f) Other events outside of Welch Allyn’s reasonable control or not arising under normal operating conditions.
THE REMEDY UNDER THIS WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT WITHOUT CHARGE FOR LABOR
OR MATERIALS, OR ANY PRODUCT/S FOUND UPON EXAMINATION BY
WELCH ALLYN TO HAVE BEEN DEFECTIVE. This remedy shall be conditioned upon receipt of notice by Welch Allyn
of any alleged defects promptly after discovery thereof within the warranty period. Welch Allyn’s obligations
under the foregoing warranty will further be conditioned upon the assumption by the purchaser of the Product/s
(i) of all carrier charges with respect to any Product/s returned to Welch Allyn’s principal place or any other place
as specifically designated by Welch Allyn or an authorized distributor or representative of Welch Allyn, and (ii) all
risk of loss in transit. It is expressly agreed that the liability of Welch Allyn is limited and that Welch Allyn does not
function as an insurer. A purchaser of a Product/s, by its acceptance and purchase thereof, acknowledges and
agrees that Welch Allyn is not liable for loss, harm, or damage due directly or indirectly to an occurrence or
consequence therefrom relating to the Product/s. If Welch Allyn should be found liable to anyone under any
theory (except the expressed warranty set forth herein) for loss, harm, or damage, the liability of Welch Allyn shall
be limited to the lesser of the actual loss, harm, or damage, or the original purchase price of the Product/s when
sold.
EXCLUDED FROM THE LIMITED WARRANTY SET FORTH ABOVE ARE CONSUMABLE ITEMS SUCH AS PAPER,
BATTERIES, BLOOD PRESSURE CUFFS, BLOOD PRESSURE HOSES, ELECTRODES, PATIENT CABLES, LEAD WIRES, AND
MAGNETIC STORAGE MEDIUMS.
EXCEPT AS SET FORTH HEREIN WITH RESPECT TO REIMBURSEMENT OF LABOR CHARGES, A PURCHASER’S SOLE
EXCLUSIVE REMEDY AGAINST WELCH ALLYN FOR CLAIMS RELATING TO THE PRODUCT/S FOR ANY AND ALL
LOSSES AND DAMAGES RESULTING FROM ANY CAUSE SHALL BE THE REPAIR OR REPLACEMENT OF DEFECTIVE
PRODUCT/S TO THE EXTENT THAT THE DEFECT IS NOTICED AND WELCH ALLYN IS NOTIFIED WITHIN THE
WARRANTY PERIOD. IN NO EVENT, INCLUDING THE CLAIM FOR NEGLIGENCE, SHALL WELCH ALLYN BE LIABLE FOR
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER LOSS, DAMAGE, OR EXPENSE OF ANY
KIND, INCLUDING LOSS OF PROFITS, WHETHER UNDER TORT, NEGLIGENCE OR STRICT LIABILITY THEORIES OF LAW,
OR OTHERWISE. THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF
FITNESS FOR A PARTICULAR PURPOSE.