10. WARRANTY
10. WARRANTY
Solely for the benefit of the original buyer, Moog Medical Devices Group ("Moog"),
warrants all new Infinity products of its manufacture (hereafter "Products") to
be free from defects in material and workmanship, and will replace or repair,
F.O.B., at its factory in Salt Lake City, Utah, or other location designated by
Moog, any Products returned to it within twenty-four (24) months of original
purchase by the buyer. Such repair or replacement shall be free of charge.
Moog warrants to the original buyer, that the Moog-repaired portion of the Products,
or replaced Products will be free from defects in material and workmanship, and Moog
will replace or repair defective Products F.O.B., at its factory in Salt Lake City, Utah, or
other location designated by Moog. Such Moog-performed re- pair or replacement
shall carry a warranty of ninety (90) days from the date of repair or replacement or the
balance of the new Product warranty as described above, whichever is greater.
THE FOREGOING WARRANTIES AND REMEDIES ARE SOLE AND EXCLUSIVE AND
ARE IN LIEU OF ANY REMEDIES OR WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE OR OTHER WARRANTY OF QUALITY, WHETHER
EXPRESS, STATUTORY OR IMPLIED. IN NO EVENT SHALL MOOG BE LIABLE
FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENCIAL DAMAGES.
This Warranty may not be modified, amended or otherwise changed, except by a
written document properly executed by a duly authorized representative of Moog.
In addition, this Warranty does not apply to Products that have been altered or
repaired by personnel other than those employed by Moog; nor does it apply to
Products that have been subjected to misuse, abuse, neglect, improper operation
of warranted Products contrary to applicable operation manuals, accident,
improper maintenance or storage, Acts of God, vandalism, sabotage or fire.
MOOG PUMPS ARE DESIGNED TO BE USED ONLY WITH MOOG BRANDED
ADMINISTRATION SETS. USE OF ADMINISTRATION SETS THAT HAVE NOT BEEN
DESIGNED AND MANUFACTURED BY MOOG ARE CONSIDERED COUNTERFEIT
PRODUCT AND WILL VOID ANY AND ALL WARRANTIES ON MOOG PUMP
EQUIPMENT AND ADMINISTRATION SETS. THE USE OF COUNTERFEIT PRODUCT
POSES ACCURACY AND SAFETY RISKS TO PATIENTS. CUSTOMER AGREES THAT THEY
WILL NOT PURCHASE OR USE COUNTERFEIT PRODUCT WITH MOOG DEVICES.
This Warranty is void if the Product is opened or tampered with
in any way without prior authorization from Moog.
This Warranty does not cover normal wear and tear and maintenance
items, and specifically excludes batteries, administration sets, extension
sets or any other accessory items used with the Products.
Other than Moog's standard warranty which has been modified as
stated herein, all other terms of Moog's standard terms and conditions
of sale apply, as the only terms governing this transaction.
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