LIMITED WARRANTY – LIMITATION OF REMEDIES.
January 9, 2020
This warranty is made to the original purchaser only, at the original location, is nontransferable, and may only be modified or amended by a written instrument signed by a duly authorized officer of Seller.
- Except as otherwise specified herein, Seller warrants the Products:
- To be free from defects in material and workmanship for a period of time specified on the sales order and under such conditions as specified in Seller’s warranty for the individual Product, or for 90 days from shipment on all replacement parts or if a warranty for an individual Product is not specified, and
- To perform in the manner and under the conditions as specified by the manufacturer of the Product for the period of time specified on the sales order for an individual Product or for 90 days from shipment if a warranty for an individual product is not specified.
- Handpieces and other components subject to wear are pro-rated and are warranted to perform as specified in the following table for a minimum Shot or Pulse count or 1 year, whichever comes first. If such handpiece fails to perform as specified than Buyer will get credit for the unused shots or unused time left in the warranty, whichever is less. The credit will be applied as a pro-rated discount towards the current list price of a new handpiece with a new Shot Count/1-year warranty. If Buyer chooses not to purchase a new handpiece or component under these terms than Seller will repair the handpiece or exchange the handpiece, at the sole discretion of the Seller, with a new or reconditioned handpiece covered for the balance of the existing warranty.
Model Handpiece Shot Count Period Smoothcool SR Handpiece 40,000 1 year Smoothcool HR handpiece 50,000 1 year Smoothcool all other handpieces 30,000 1 year Intracel handpiece 200,000 1 year Intragen handpiece unlimited 1 year Edge scanner unlimited 1 year Edge surgical handpiece unlimited 1 year Tri-Beam handpieces unlimited 1 year Lipocel handpiece 40,000 1 year Lipocel 3000 shot cartridge 3,000 1 year Lipocel unlimited cartridge 6-months from start of use 1 year
- Consumable components including INTRAcel and IntraGen tips are warranted for at least a single use for a specified number of shots. Replacements for defective tips will be sent upon receiving a written description of the failure including the serial number from the tip package. If tip failed before use than it should be held for collection by the seller.
- Cables, cords, power cords, foot switches, optical filters, passive handpieces and other unserialized accessories that are subject to wear and tear are covered for 90 days from ship date.
- No representative or person is authorized to bind Seller for any obligations or liabilities beyond this warranty in connection with the sale of Seller’s goods. Goods or parts that are replaced or repaired under this warranty are warranted only for the remaining unexpired portion of the original warranty period applicable to the specified product and may be a re-manufactured or reconditioned part.
- These remedies are available only if Buyer notifies Seller in writing within 72 hours of the discovery of the defect, and in any event within the warranty period for the individual Product. Seller’s examination of such goods discloses to Seller’s satisfaction that such defects actually exist and the goods have not been:
- repaired, worked on, or altered by persons not authorized by Seller so as, in Seller’s sole judgment, to injure the stability, reliability, or proper operation of such goods;
- subject to misuse, negligence or accident;
- connected, installed, used or adjusted otherwise than in accordance with the instructions furnished by Seller;
- moved to another location, rented, subleased, or resold without original purchaser receiving Seller’s prior written approval;
- due to excessive wear and tear, or consequential to Buyer’s failure to report promptly any defect known to Buyer.
- All Products not requiring fixed installation and that Buyer considers defective shall be returned to Seller’s office as designated on the face hereof transportation costs prepaid and borne by Buyer (unless otherwise provided on the face hereof). The risk of loss of the goods shipped or delivered to Seller’s plant for repair or replacement will be borne by Buyer. Seller will reimburse Buyer for transportation costs for repair or replacement under warranty.
- If it is found that any Product has been returned without cause and is still serviceable, Buyer will be notified and the Product returned at Buyer’s expense, in addition, a charge for testing and examination may, in Seller’s sole discretion, be made on Products so returned.
- If the Buyer requests service on a Product, and a qualified service technician finds that the product does not require service, Buyer will be notified and may be charged, at Seller’s sole discretion, for expenses and labor costs incurred by the service technician as a result of Buyer’s request for service.
- Seller may require, at Seller’s sole discretion, a refundable deposit to cover the cost of expenses and labor as a result of Buyer’s request for service, such deposit to be refunded for the portion of the request for service covered by this warranty.
- This warranty does not cover the cost to repair normal wear and tear such as paint scrapes, wearing of external surfaces, pulled cables, scratches, dents, or other issues that in the Seller’s discretion were preventable by the Buyer, or due to Buyer’s failure to properly maintain the Product in accordance with that specified in the Product’s user’s manual.
- Parts replaced under warranty shall be newly manufactured products or components that have been previously used in other product units. Such previously used components shall be disassembled, reprocessed and reassembled, as appropriate, and meet or exceed the Seller’s specifications for the remainder of the warranty period.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES (EXCEPT FOR SPECIFIC WRITTEN PRODUCT PERFORMANCE GUARANTEES) WHETHER WRITTEN, ORAL OR IMPLIED, INCLUDING ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SHALL BE THE BUYER’S SOLE REMEDY AND SELLER’S SOLE LIABILITY ON CONTRACT OR WARRANTY OR OTHERWISE FOR THE PRODUCT. WARRANTY DOES NOT COVER COSTS OF PROCUREMENT OF SUBSTITUTED PRODUCTS BY BUYER, OR COST OF ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFIT).