LIMITED WARRANTY AND LIMITATION OF LIABILITY
Precision Medical, Inc. warrants that the Oxygen Analyzer, (the Product), will be free of defects in workmanship and/or material for the following period:
Two (2) years from shipment.
Precision Medical, Inc. is NOT responsible for normal wear and tear, or any neglect or abuse of the product.
The customer is responsible for the shipping costs of repairs back to Precision Medical, Inc.
Precision Medical, Inc. will have in its sole and absolute discretion, the final determination if your product is covered under this limited warranty.
Should any failure to conform to this warranty appear within the applicable period, Precision Medical, Inc. shall, upon written notification thereof (received by Precision Medical, Inc. within 30 days of the customer’s discovery of the alleged defect), along with return of the Product at the customer’s expense and substantiation that the goods have been stored, installed, maintained and operated in accordance with Precision Medical, lnc.’s instructions and standard industry practice, and that no modifications, substitutions, or alterations have been made to the goods, correct such defect by repair or replacement (at Precision Medical, lnc.’s option) at its own expense.
Precision Medical, Inc. warrants the 504877 Oxygen Sensor included with the PM5900 Oxygen Analyzer to be free from defects in material and workmanship for a period of sixteen (16) months, from date of shipment. Should any failure to conform to this warranty appear within the applicable period, Precision Medical, Inc. shall, upon written notification thereof (received by Precision Medical, Inc. within 30 days of the customer’s discovery of the alleged defect), along with return of the sensor at the customer’s expense and substantiation that the sensor has been stored, installed, maintained and operated in accordance with Precision Medical, lnc.’s instructions and standard industry practice, and that no modifications, substitutions, or alterations have been made to the sensor, correct such defect by repair or replacement (at Precision Medical, lnc.’s option) at its own expense. Should a sensor require repair or replacement due to said defects, the sensor is warranted only for the remainder of the original sensor warranty period. A sensor shall not be considered defective for failure to function beyond its normal estimated consumption capacity/rates, and this warranty does not cover normal wear due to consumption beyond the sensor’s estimated 02% hours.
ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES.
The representatives of Precision Medical, Inc. or any retailers are not authorized to make oral warranties about the merchandise described in this warranty, and any such statements shall not be relied upon and are not part of the contract for sale.
Thus, this writing is a final, complete and exclusive statement of the terms of the warranty for the products covered by the applicable contract.
THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY OF QUALITY, WHETHER EXPRESS OR IMPLIED.
Precision Medical, Inc. shall not under any circumstances be liable for special, incidental or consequential damages including but not limited to lost profits, lost sales, or injury to person or property. Correction of non-conformities as provided above shall constitute fulfillment of all liabilities of Precision Medical, Inc. whether based on contract, negligence, strict tort or otherwise. Precision Medical, Inc. reserves the right to discontinue manufacture of any product or change product materials, designs, or specifications without notice.
Precision Medical, Inc. reserves the right to correct clerical or typographical errors without penalty.
