GENERAL PRODUCT WARRANTY

A. Warranty

BIODEX MEDICAL SYSTEMS warrants that all products covered hereby shall be free from defects in workmanship and materials and shall conform to published specifications or other specifications accepted in writing by BIODEX for:

under normal use as prescribed in the operator’s manual. The foregoing warranty does not apply to any products which have been subject to use other than as specified as standard operating procedure in the system manual, neglect, accident or modification. BIODEX’s sole obligation to buyer hereunder for products failing to meet aforesaid warranty shall be, at BIODEX’s discretion, to replace or repair the non-conforming product (parts and labor) or issue buyer credit for the purchase price of the non-conforming product where within warranty period:

1. BIODEX has received written notice of any nonconformity and…
2. After BIODEX’s attempts to remedy such nonconformity, BIODEX has determined that the nonconformity is not a result of improper use, accident, repair or other misuse by buyer.

Any replacement product shall carry the unexpired term of the warranty which was applicable to the replaced product or a period of 30 days, whichever is longest.

BIODEX MAY RETAIN THE RIGHT TO VOID ALL SYSTEM WARRANTIES IF PAYMENT IS NOT RECEIVED AS PRESCRIBED IN TERMS OF PURCHASE.

EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL BIODEX BE LIABLE FOR LOSS OF PROFITS, INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES ARISING OUT OF ANY BREACH HEREOF.

B. Warranty Period

Warranty time period stated in paragraph “A” is from date of invoice (shipment) unless otherwise specified in writing by BIODEX.

C. Repaired or Replacement Products (Out of Warranty)

BIODEX MEDICAL SYSTEMS, for a period of 90 days, warrants that its standard products repaired or replaced hereunder shall be free from defects in workmanship or materials under normal use as described in the system’s operator’s manual. Warranty period will begin upon shipment of repaired or replacement products. The sole responsibility of BIODEX under this warranty is, at its option, to repair or replace any defective component parts of such products. this warranty does not apply to:

1. Products which have been repaired or altered other than under specific instructions from BIODEX’s Service Department instruction as listed in system’s manuals or procedures previously approved in writing by BIODEX service Department, or…
2. Products which have been subject to use other than described as standard use in the system’s operator’s manual, neglect or accident.

THIS WARRANTY IS NOT TRANSFERABLE (SITE, OWNERSHIP, ETC.) WITHOUT THE WRITTEN PERMISSION OF BIODEX MEDICAL SYSTEMS. WARRANTY IS VOID UNLESS EQUIPMENT IS PROPERLY INSTALLED.