Limited Warranty for Equipment
Applicability of General Terms and Conditions. This Limited Warranty for Equipment is subject to Seller’s General Terms and Conditions of Sale (the “General Terms and Conditions”) and the General Terms and Conditions are hereby incorporated herein. In the event of a conflict between this Limited Warranty for Equipment and the General Terms and Conditions, this Limited Warranty for Equipment will govern and control.
Limited Warranty. Seller warrants that the equipment listed in Buyer’s order accepted by Seller (the “Equipment”) will be newly manufactured either by or for Seller and in accordance with applicable specifications from parts that are new and free of defects in material or workmanship. All warranty claims are subject to confirmation by Seller. Only components or computers purchased and installed by Seller onto the Equipment will be covered under this warranty. Seller’s warranties are extended only to the original end user and, in the absence of Seller’s prior written consent, are nontransferable and terminate if the original purchaser transfers the goods to another person or entity. For any warranty to be valid, the goods must have been purchased directly from Seller or from its authorized representative. Proof of original ownership may be required. The warranty for Batteries is provided in Attachment B. Warranties for parts and labor, hardware maintenance, computers, computing devices, scanners and printers are available through service plans provided by Seller and are provided in Attachment C.
Warranty Period. This Limited Warranty for Equipment is valid for a period of two (2) years for workFlo™ mechanical carts. All other Touchpoint Medical products are warranted for five (5) years from delivery for durable Mechanical Components and two (2) years from delivery for Electrical Components. “Mechanical Components” are gas spring lifters, monitor mounts, keyboard trays, casters, drawer slides, key locks, drawers, non-powered accessories, locking mechanisms and medication bins. “Electrical Components” are electronic lifting and/or locking mechanisms, computers provided by Seller (unless provided at the direction of Buyer), monitors, power supplies, power cords and cables, fuses, servo motors, USB hubs, antenna, radio cards, inverters, power bricks, electronic touch pads, and related peripherals such as mouse and keyboard. Equipment repaired or replaced during the warranty period will be covered by the foregoing warranties for the remainder of the original warranty period or ninety (90) days from the date of shipment, whichever is longer.
Warranty Remedy. The sole and exclusive remedy of Buyer for any breach of this Limited Warranty for Equipment is that Seller shall provide, upon confirmation of the defective condition of the subject component a replacement component for each defective component manufactured and sold by Seller to Buyer, or at Buyer's choice, Buyer will receive a credit toward a future purchase in an amount equal to the purchase price paid by Buyer for defective parts. The decision regarding repair or replacement of the goods or refund of the original purchase price will be at the sole discretion of Seller. All costs of dismantling, reinstallation, freight and time and expense of Seller’s personnel and representatives for site travel and diagnosis under this Limited Warranty for Equipment will be borne by Buyer unless accepted in writing by Seller.
Warranty Exclusions. This Limited Warranty for Equipment does not cover the following: (i) consumables (such as keyboard covers and non-rechargeable batteries); (ii) any Buyer or third-party furnished items or equipment (i.e., items not purchased and installed by Seller); (iii) vital signs monitors; (iv) damage, defects or operational malfunction of the Equipment caused by accident, abuse, misuse, neglect, normal wear and tear, failure to follow proper use instructions, unauthorized repair attempts, use of the Equipment beyond rated capacity, improper installation, improper maintenance or application, or the integration or addition of peripheral components or modifications without Seller’s prior written consent; (v) acts of God; (vi) unauthorized service or repair of the Equipment; (vii) damage from electrical power problems; (viii) usage of parts or components not supplied by Seller; (ix) failure to follow product instructions and guidelines; (x) unauthorized changes or alterations to the Equipment; (xi) shipping damage (other than during original shipment from Seller; (xii) failure by Buyer to perform or have performed preventive maintenance; (xiii) damage caused by computers, peripherals or software not provided by Seller; (xiv) damage from other external causes not the fault of Seller; (xv) damage caused by product set up or installation; (xvi) resolution of problems external to the Equipment, including environment, cabling, power and communications; (xvii) Buyer software installation or software maintenance; (xviii) damages caused by operational procedures; or (xix) adding or removing features or options to Equipment. To the extent that Buyer or its agents has supplied specifications, information, representation of operating conditions or other data to Seller in the selection or design of the Equipment and the preparation of Seller’s quotation, and in the event that actual operating conditions or other conditions differ from those represented by Buyer, warranties or other provisions contained herein which are affected by such conditions will be null and void.
Non-Covered Equipment and Software. Seller makes no warranty or guarantee with respect to laptops, computers or third-party software procured by Seller at Buyer’s request and provided with the Equipment. Seller shall attempt to resolve any warranty or defective performance of the laptops and/or computers with the computer manufacturer in accordance with the applicable manufacturer’s warranty. Buyer is responsible for installing, maintain and updating anti-virus software on all Equipment containing a computer. Buyer is responsible for the costs to repair or replace Equipment or other items that have been affected with any type of computer virus or malware.
Parts-Only. This Limited Warranty for Equipment is a parts-only warranty. Labor associated with the repair or replacement of Equipment or parts is not covered by this Limited Warranty for Equipment except in the event Buyer elects to purchase from Seller a service plan providing for such coverage or if Seller requires Buyer to purchase a service plan for the specific Equipment described in Seller’s quotation to Buyer. Warranties for Parts and Labor Extended Warranty Option, Preventive Maintenance Option, and Installation Option (collectively, the “Service Options”) are provided in Attachment C hereto.
For a full review of terms and conditions for carts, workstations, and dispensing cabinets, click here.
