LIMITED WARRANTY TERMS AND CONDITIONS
Warranty Effective Start Date: upon acceptance date of equipment purchased from SELLER.
This is a limited warranty starting on the date specified in the Agreement.
- SELLER will provide at the site response to any emergency service call (emergency being any need for service that halts continued machine operation completely or is a possible hazard to patients or operators) within twenty four (24) hours, typical phone response is 15 minutes.
- SELLER will provide at the site response to all other calls for service within twenty four (24) working hours.
- SELLER will provide service at times convenient to the department requesting the service 24 hours a day, 7 days a week, excluding SELLER official holidays and National Holidays. Where there is a conflict between the holiday or patient treatment schedules, SELLER schedule will be changed when possible.
- Emergency Service calls are responded to 24 hours a day, 7 days a week, excluding official and National holidays. BUYER agrees to pay SELLER the prevailing time and material rate for after hours, weekend and holiday service calls.
- SELLER will attempt to make all malfunctioning equipment operational in the minimum amount of time by giving over the phone troubleshooting assistance to staff personnel at the site.
- SELLER will purchase and install parts as required for the repair and maintenance of the equipment agreed upon with the exception of Accessories, Consumables, Expendables and Peripheral Devices. SELLER will offer excluded parts available for purchase at a reduced cost and in reconditioned form, if in stock.
- Both SELLER and BUYER agree that during the warranty period:
- The BUYER will cooperate with the SELLER and provide reasonable assistance. Over the telephone troubleshooting and performing tests based on telephone or email instructions are examples of reasonable assistance. The BUYER will provide access to the Equipment for SELLER’s personnel during business hours and for “after hours” service if requested. After hour’s access can be provided by issuing a pass and key to SELLER or by an agreement with the staff to notify facility security or be present at the time service is required, BUYER may be required to provide a qualified operator or safety observer to be present if the SELLER representative requires an observer for safety reasons and to expedite repair of the equipment.
- On-site spare parts shall be available to the SELLER’s representative to expedite repair of the equipment. The BUYER is responsible for the onsite spare kit; however, if a part covered under this Warranty is used from the on-site spares by SELLER to repair the equipment, it will be replaced by SELLER at no additional cost.
- BUYER shall perform scheduled and corrective cleaning and maintenance that is expected by the manufacturer to be within the realm of operator capability (e.g., fuse replacement, indicator lamp replacement, gas and water refilling, patient table cleaning, accessory maintenance, etc.), SELLER will provide operator maintenance and technical maintenance in-service training for BUYER’s staff, if requested, at BUYER’s expense.
- Services which are requested to modify, upgrade or in any way change the normal operating characteristics of the equipment, except as required by manufacturer field changes, modifications purchased by the hospital from the manufacturer specifically designed for installation in the above stated equipment, or by special arrangement and financial arrangement, are specifically excluded from this Warranty.
- Not included in this agreement are parts or materials that are normally considered to be consumable or expendable. Typically this includes items such as electron applicators, photon wedges, accessory trays, batteries, treatment accessories, load bearing couch panels, printer supplies, paper, gas, water, mylar rolls, and similar consumable Items the BUYER would use during normal operation, unless otherwise indicated.
- Maintenance or other services, excluded parts, expenses and associated costs for which there will be additional charges not included in the service Warranty will be billed to the BUYER on a separate invoice using the BUYER supplied purchase order number, either written or verbal, to be given to SELLER at the time service is rendered. All excluded services, parts and associated costs will be invoiced in accordance with SELLER’s Field Service Terms and Conditions.
- Sales taxes will be charged where applicable and prices are exclusive of taxes, license fees, customs fees, duties and other related charges. It is the responsibility of the BUYER to provide SELLER with a tax exemption number if one is to be used for purchases.
- Parts may be either repaired or replaced at SELLER discretion. Parts for which replacements have been provided by and/or paid for by SELLER under this Warranty shall become the property of SELLER, at SELLER option. Any parts ordered and paid by SELLER, at the BUYER’s request, which are not directly supplied by SELLER, and or not covered by this Warranty, will be invoiced to the BUYER at SELLER actual cost plus a 15% handling fee or the BUYER may choose to order the part directly from the part supplier. If SELLER provides a part that is replaced that SELLER feels has a core value, the core part shall become the property of SELLER. All parts supplied by SELLER will carry a ninety (90) day warranty against defects in material and workmanship from the date of shipment fo BUYER. In the event a part supplied by SELLER fails within the warranty period, SELLER shall, at its sole discretion, repair or replace the defective part at no additional cost to the BUYER. Klystrons, Waveguides, Magnetrons, Thyratrons and other parts, which carry separate warranties based on usage, are not covered _ by this warranty. SELLER makes no warranty whatsoever for parts not furnished by its normal suppliers, notwithstanding that SELLER may have supplied such parts at the BUYER’s request.
- SELLER reserves the right to determine conclusively what corrective work shall be performed on the Equipment and this Warranty shall not cover repairs that, in SELLER’s opinion, result from abuse, abnormal usage, improper operation, or improper maintenance of the equipment by the BUYER or others not parties hereto. This Warranty specifically excludes all parts and expenses, as well as any labor necessary to repair equipment damaged by fire, accident, misuse, negligence, floods, lightning, natural disasters, water damage, loss or degradation of incoming electrical power, cooling water, air supply and other calamities commonly defined as “Acts of Nature”. In any instances where the Equipment is not operated within the defined product specifications and operating procedures supplied by the Equipment manufacturer, any repairs necessitated thereby shall be conclusively presumed the result of BUYER’s negligence, and will be invoiced on a time and material basis.
- All terms and conditions of this Warranty shall supersede all other terms and conditions of the BUYER’s purchase order and any terms and/or conditions contained in the BUYER’s purchase order that add to, contradict, vary or modify the terms and conditions of this Warranty shall be void and of no effect. Services shall not be transferable and, SELLER shall not be required to render services at locations other than those listed above.
- SELLER shall have no responsibility or liability for delays however caused. If SELLER is found to be directly liable for any damages, in accordance with applicable law at the time of occurrence, SELLER will assume this liability in proportion to SELLERs responsibility for this damage and no further. In no event shall SELLER be liable for consequential, incidental, special or resulting loss or damages. SELLER’s entire liability to BUYER shall be limited to payment actually received by SELLER for the services furnished resulting in the damages claimed. SELLER makes no warranties expressed or implied and assume no obligations other than those expressly contained herein.
- SELLER shall have no responsibility whatsoever for any matters relating to product calibration. It is the BUYER’s responsibility to ensure that a qualified radiological physicist prior to its clinical use calibrates the equipment.
- If after the end of the warranty period provided in this agreement, the BUYER elects to utilize another vendor for equipment service, maintenance or repair; SELLER shall not be responsible for any additional work recommended by the new vendor, including, but not limited to, parts replacement, upgrades, software updates, hardware modifications, additional alignments, or additional spare parts. All such items will be the responsibility of the BUYER.
- ALL PARTS AND COMPONENTS OF THE EQUIPMENT COVERED BY A MANUFACTURER’S WARRANTY ARE SPECIFICALLY EXCLUDED FROM THIS WARRANTY.
- EXCEPT AS SET FORTH IN THIS LIMITED WARRANTY, SELLER MAKES NO WARRANTY OF ANY KIND OR NATURE WHATSOEVER, EXPRESS OR IMPLIED. WITHOUT LIMITATION, SELLER MAKES NO WARRANTY OF FREEDOM FROM PATENT OR COPYRIGHT INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE OR ANY OTHER SIMILARLY OR DIFFERENT EXPRESS OR IMPLIED WARRANTY.
- SELLER’s total liability to BUYER shall not under any circumstances exceed the total cash payments made by BUYER to SELLER for the performance of this Limited Warranty minus any expenditures that the SELLER incurs for parts purchased to discharge the SELLER’s duties.
- Under no circumstances will the SELLER bear any liability for lost revenues, lost profits or income, downtime, liquidated damages or penalties, incidental, indirect or consequential damages, even if advised of the possibility of such damages, or indemnification of or contribution to the BUYER or others for costs, damages or expenses arising out of or related to use, inability to use, or malfunction of the equipment covered by this limited warranty. The limitations contained in this paragraph shall apply regardless of the form of action, whether based on breach of contract, tort (including negligence and gross negligence), strict liability, or any other theory of law or equity, even in the case of negligence or gross negligence of the SELLER.