CQ Medical Products are warranted in accordance with the applicable limited warranty set out below (“Warranty”). The Warranty is effective only upon payment in full for the Product(s) to be warranted, extends only to the original Buyer, may not be transferred to third parties by operation of law or otherwise. The Warranty may be altered or terminated by CQ Medical in whole or in part for future sales at any time, without prior notice and is subject to the Exclusions below. No employee, agent, dealer, reseller, or other person is authorized to modify, vary, or extend the Warranty or to assume for CQ Medical any other liability in connection with its Products.
CQ Medical Products: CQ Medical warrants each Product manufactured by CQ Medical against material defects in materials and workmanship under normal use for a period of 12 months from date of invoice, unless otherwise noted in sales documentation agreed by CQ Medical and/or stated on the Product labeling and/or instructions on the date of sale. The warranty does not include filters or maintenance items unless it can be determined that failure is due to material defects in material or workmanship.
Third party Products. Items not manufactured by CQ Medical are warranted only by the original manufacturer and only if and to the extent set forth in the original manufacturer’s warranty. CQ Medical will not be liable for any damage or loss of any nature with respect to third party products or failure of any such supplier to perform under its warranty.
Limited Remedy: Any breach of the foregoing warranties must be reported prior to expiration of the applicable warranty period, and Buyer’s exclusive remedy and CQ Medical’s entire liability for such breach will be repair or replacement, at CQ Medical’s option, of the non-conforming Product or part or, if neither is in CQ Medical’s opinion commercially feasible, refund of an amortized portion of the purchase price paid for the Product. Such obligation will be subject to CQ Medical being granted the reasonable opportunity to inspect, at CQ Medical’s expense, the non-conforming Product at the location of its use or storage or, at CQ Medical’s request, return of the Product to CQ Medical. On-site repairs for installed equipment will be performed Monday-Friday, between the hours of 9:00 am to 5:00 pm local time, excluding holidays. Replacement of Products may be made by substitution of similar or upgraded Products having the same or similar functionality. Service required beyond the normal scope of warranty (see Exclusions below) or after expiration of the applicable warranty period will be billable repairs, and CQ Medical will charge its then-current rates and prices for parts, labor and transportation. For eligible equipment, the Warranty may be extended and upgraded by purchase of a prepaid service contract at the time of Product purchase.
Exclusions: CQ Medical’s Warranty does not cover normal wear and tear (scratches, fading, etc.) or any defects or problems caused by the acts or omissions of Buyer or third parties or other events beyond CQ Medical’s reasonable control. Without limiting the foregoing, any warranty claim, support claim, or liability is excluded for any problem, failure, malfunction, defect, claim, damage, liability, or safety issue arising out of (1) inadequate or faulty installation (unless performed by CQ Medical); (2) alteration, disassembly, modification, repair, or maintenance by persons other than CQ Medical or its authorized personnel; (3) accident, abuse, damage, or neglect, including without limitation improper or inadequate handling, storage, care or maintenance; (4) improper use, misuse, misapplication, or other failure to follow CQ Medical’s Product instructions and safety precautions, including without limitation any use outside of normal or specified operating conditions or outside of a Product’s intended installation or operating environment or setting or in a manner not authorized in the Product documentation; (5) operation or use of Products in combination or conjunction with, physically installed on, or incorporated in or as a component of non-CQ Medical services, components, accessories, attachments, consumables, or other items not furnished by CQ Medical or specified for such purpose in CQ Medical’s Product documentation; and/or (6) acts of God, flood, fire, explosion, failure or surge of electrical power, computer viruses, and other causes external to the Products. Modification, disassembly, rewiring, re-engineering, recalibration, and/or reverse engineering of Products (unless specifically authorized by CQ Medical in writing) is prohibited and will void all warranties.
TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES, TERMS, OR CONDITIONS, WRITTEN OR ORAL, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. When, under applicable law, implied warranties are not allowed to be excluded in their entirety, such warranties will be limited to the duration of the applicable warranty period.