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Midmark Limited Warranty - Medical Products



SCOPE OF WARRANTY

Midmark Corporation ("Midmark") warrants to the original purchaser its domestic and international medical products and components (except for components not warranted under "Exclusions") manufactured by Midmark to be free from defects in material and workmanship under normal use and service. Midmark's obligation under this warranty is limited to the repair or replacement, at Midmark's option, of the parts or the products the defects of which are reported to Midmark within the applicable warranty period and which, upon examination by Midmark, prove to be defective.

APPLICABLE WARRANTY PERIOD

The applicable warranty period, measured from the date of delivery to the original user, shall be one (1) year for all warranted products and components.

EXCLUSIONS

This warranty does not cover and Midmark shall not be liable for the following:

(1) repairs and replacements because of misuse, abuse, negligence, alteration, accident, freight damage, or tampering;
(2) products which are not installed, used, and properly cleaned as required in the Midmark "Installation" and/or "Installation/Operation Manual" for the applicable product;
(3) products considered to be of a consumable nature;
(4) accessories or parts not manufactured by Midmark;
(5) charges by anyone for adjustments, repairs, replacement parts, installation, or other work performed upon or in connection with such products which are not expressly authorized in writing in advance by Midmark.

EXCLUSIVE REMEDY

Midmark's only obligation under this warranty is the repair or replacement of defective parts. Midmark shall not be liable for any direct, special, indirect, incidental, exemplary, or consequential damages or delays, including, but not limited to, damages for loss of profits or loss of use.

NO AUTHORIZATION

No person or firm is authorized to create for Midmark any other obligation or liability in connection with the products.

THIS WARRANTY IS MIDMARK'S ONLY WARRANTY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. MIDMARK MAKES NO IMPLIED WARRANTIES OF ANY KIND INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS.


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