Limited Warranty: CIVCO warrants each Universal Couchtop™ Long Extension and Universal Couchtop™ 1 Piece against defects in materials and workmanship under normal use for a period of 5 years from date of invoice. This warranty is effective only upon payment in full for the item(s) to be warranted, extends only to the original Buyer, and may not be transferred to third parties by operation of law or otherwise. Any breach of the foregoing warranty must be reported prior to expiration of the warranty period, and Buyer’s exclusive remedy and CIVCO’s entire liability for such breach will be repair or replacement, at CIVCO’s option, of the non-conforming product or part or, if neither is in CIVCO’s opinion commercially feasible, refund of an amortized portion of the purchase price paid for the product. Such obligation will be subject to CIVCO being granted the reasonable opportunity to inspect, at CIVCO’s expense, the non-conforming product at the location of its use or storage or, at CIVCO’s request, return of the product to CIVCO. 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 or parts 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 warranty period will be billable repairs, and CIVCO will charge its then-current rates and prices for parts, labor and transportation.
Exclusions: CIVCO’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 CIVCO’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 CIVCO) or failure to provide a suitable installation environment; (2) alteration, disassembly, modification, repair, or maintenance by persons other than CIVCO 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 CIVCO’s product instructions and safety precautions, including without limitation any use outside of normal or specified operating conditions 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-CIVCO hardware, software, services, components, accessories, attachments, interfaces, consumables, or other items not furnished by CIVCO or specified for such purpose in CIVCO’s product documentation; and/or (6) acts of God, flood, fire, explosion, failure or surge of electrical power, and other causes external to the products. Modification, disassembly, rewiring, re-engineering, recalibration, reverse engineering, and/or reprogramming of products (unless specifically authorized by CIVCO in writing) is prohibited and will void all warranties.
TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING LIMITED WARRANTY AND REMEDIES ARE EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, 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. IN NO EVENT WILL CIVCO BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER INDIRECT LOSSES, COSTS, OR DAMAGES, HOWEVER CAUSED, WHETHER OR NOT FORESEEABLE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. CIVCO’s AGGREGATE LIABILITY IN DAMAGES OR OTHERWISE FOR ANY AND ALL CAUSES SHALL BE LIMITED TO THE PURCHASE PRICE PAID OR PAYABLE FOR THE PRODUCT(S) GIVING RISE TO THE CLAIM. THESE LIMITATIONS WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, TORT, STRICT LIABILITY, INDEMNIFICATION, OR OTHERWISE, AND NOTWITHSTANDING FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
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 foregoing written warranty. For European customers, any terms herein limiting CIVCO’s liability shall not apply insofar as they conflict with mandatory statutory provisions of the Product Liability Act, it being agreed that claims over and above those under the Product Liability Act will not be made by Buyer against CIVCO, as manufacturer, under any theory of liability, including by means of indemnification obligations. No employee, agent, dealer, reseller, or other person is authorized to modify, vary, or extend the foregoing warranties or to assume for CIVCO any other liability in connection with its products.