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Appendix D: Warranty
Limited Warranty
Bard Medical Division, C. R. Bard, Inc. ("Bard") warrants to the original customer that each Arctic Sun™ Control Module ("Equipment") and ArcticGel Pad ("Disposable")
will be free of defects in workmanship and materials for the period set forth in the labeling and if no such period is set forth, then one year from the date of purchase.
If the Equipment or a Disposable proves to be so defective, such Equipment or Disposable may be repaired, replaced, refunded or credited, at Bard's option.
A comprehensive post warranty service plan for Equipment is available for purchase. The warranty covers all parts and labor associated with defects in material and
workmanship of the Equipment and Disposable. Bard will, at its discretion, determine if the Equipment or a Disposable is to be repaired on site, or at the Bard service
center. If Equipment or a Disposable is to be returned for service, Bard will supply packaging materials and pay for ground shipping. However, it is the customer's
responsibility to prepare and package the Equipment or Disposable for shipment at its own cost. Any expedited shipment request will be at the customer's expense.
Any unauthorized Equipment or Disposable repair performed during the warranty period will void the warranty. All returns must be authorized in advance by Bard. The
liability of Bard under this product warranty does not extend to any abuse, accidental damage, misuse, improper storage, alteration, further manufacture, packaging
or processing, accidental damage or damage from misuse of Equipment, damage caused by using tap water rather than distilled water, routine maintenance,
recalibration, or its repair by any person or entity not authorized by a Bard representative.
Disclaimers.
I. THE LIMITED WARRANTY PROVIDED ABOVE IS THE ONLY WARRANTY PROVIDED BY BARD AND IS IN LIEU OF ANY OTHER WARRANTIES, WHETHER EXPRESS,
IMPLIED, OR STATUTORY, INCLUDING title, non-infringement, non-interference, interoperability, quality or condition, accuracy, completeness, merchantability, fitness
for a particular purpose, or the absence of any defects, whether latent or patent.
II. CUSTOMER IS RESPONSIBLE FOR THE PERFORMANCE OF ITS RESEARCH AND THE CARE OF ITS PATIENTS, AND DETERMINING THE APPROPRIATENESS OF
THE EQUIPMENT AND DISPOSABLES FOR ITS USE; CUSTOMER ACKNOWLEDGES THAT BARD is not responsible for the delivery of medical care or medical services
to customer's patients or any other person. The Equipment and Disposables are a tool to be used by customer but do not replace professional skill or judgment. By
providing the Equipment and Disposables to customer, neither Bard nor any employee of Bard is engaged in the practice of medicine. Customer is responsible for
verifying the accuracy, completeness, and pertinence of any medical, patient, legal or other results, data or information entered in, received by, processed by, stored
in, transmitted by, produced by, displayed by, or used in connection with the Equipment and Disposables. Customer assumes all risks and liabilities associated with the
use of such information, whether such information is used alone or in combination with other information. Bard is not responsible for the performance, support, or any
other aspect of customer's technology environment.
III. CUSTOMER ACKNOWLEDGES THAT COMPUTER AND TELECOMMUNICATIONS SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME
OCCUR. BARD DOES NOT GUARANTEE THE USE OF THE EQUIPMENT AND ITS CONNECTIVITY FEATURES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-
FREE OR THAT CONTENT LOSS WON'T OCCUR, NOR DOES BARD GUARANTEE ANY CONNECTION TO OR TRANSMISSION FROM THE CUSTOMER TECHNOLOGY
ENVIRONMENT.
IV. Exclusions. The foregoing warranties will not apply to failure of any Equipment or Disposable caused by (i) customer's abuse, neglect or misuse or resulting from
any failure to comply with the customer's responsibilities; (ii) malfunction or failure of any element of customer's technology environment or use other than as
expressly authorized by Bard; (iii) customer's failure to maintain the physical environment for the Equipment (including normal maintenance) specified in the relevant
documentation provided by Bard; (iv) malicious software not introduced by Bard; or (v) customer's failure to permit installation of any software updates or upgrades.
THE LIABILITY AND REMEDY STATED IN THIS LIMITED WARRANTY WILL BE THE SOLE LIABILITY OF BARD AND REMEDY AVAILABLE TO CUSTOMER WHETHER
IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND BARD WILL NOT BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF HANDLING OR USE OF BARD EQUIPMENT OR DISPOSABLES EVEN IF BARD HAS BEEN ADVISED OF THE POSSIBILITY
OR LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT WILL BARD'S LIABILITY UNDER THIS WARRANTY EXCEED THE PURCHASE PRICE PAID TO BARD BY CUSTOMER
FOR SUCH EQUIPMENT AND DISPOSABLE.
Terms of Service
If Equipment availability is critical for patient treatment, it is the customer's responsibility to purchase back-up Equipment. Although Bard will attempt to promptly
repair Equipment under warranty, the timeliness of repair is not guaranteed.
The customer is responsible for maintaining the Equipment according to the schedules and instructions in the documentation supplied with each system. Bard provides
remote Technical Support from 8:00AM to 5:00PM Mountain Time and 24/7 emergency phone support. Contact customer Service for all service related requests. A
detailed description of the problem or service required, the unit serial number, and contact information will be required to assist in providing efficient service of the
unit. The customer must provide personnel to assist Technical Support with troubleshooting.
Loaned Equipment
If Equipment under warranty is returned for service, subject to availability, loaned Equipment may be available to the customer at no charge upon request for the
duration of the service. The customer is responsible for setting up the loaned Equipment and to prepare and package the Equipment for return shipment according
to the documentation. The customer is also responsible for the care and maintenance of the loaned Equipment and all accessories while the Equipment is in their
possession. Any loss or damage will be the sole responsibility of the customer. Loaned Equipment must be returned within 7 days upon return of the repaired
Equipment or rental charges will be applied at a rate of $50 per day. Loaned equipment will be shipped ground at Bard's expense. Any expedited shipment request will
be at the customer's expense.
Non-Warranty Service
Parts and service are available for a fee through customer Service for Equipment no longer under warranty. If requested, Bard can provide an estimate of the cost of
factory repair. Bard will require a Purchase Order from the customer in order to initiate the repair service. If it is later determined the Equipment requires repair which
exceeds the original estimate, Bard will contact the customer for authorization prior to proceeding with the repair.
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