LIMITED WARRANTY: CIVCO products and software (“Products”) are warranted in accordance with the applicable limited warranty below (“Warranty”). The Warranty is effective only upon payment in full for the Product(s) to be warranted, extends only to the original Buyer, and my not be transferred to third parties by operation of law or otherwise. The Warranty may be altered or terminated by CIVCO for future sales at any time, without prior notice. No employee, agent, dealer, reseller, or other person is authorized to modify, vary, or extend the Warranty or to assume for CIVCO any other liability in connection with its Products.
CIVCO Products: 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, and all other Products manufactured by CIVCO against defects in materials and workmanship under normal use for a period of 12 months from date of invoice, unless otherwise stated on the Product labeling and/or instructions. CIVCO further warrants that all sterile disposable Products will be sterile for not less than 12 months from date of invoice unless otherwise stated on the Product labeling and/or instructions.
Service Parts Warranty: CIVCO warrants that Services performed by CIVCO will be performed in a professional manner consistent with good industry practice, and that all CIVCO-manufactured replacement parts (including remanufactured parts) supplied in connection with the Services will be free from defects in materials and workmanship under normal use in each case for ninety (90) days following completion of the Services.
CIVCO Software & Media: CIVCO warrants that any media on which CIVCO software is furnished will be free from defects in materials and workmanship and the software, when properly installed, will perform substantially in accordance with the operational features of CIVCO’s published specifications at time of sale, in each case under normal use in accordance with CIVCO’s product instructions, for a period of 12 months from date of invoice. Buyer is responsible for providing and maintaining current back-ups and industry standard, updated, virus protection and firewall programs for its systems and data. CIVCO does not warrant that the operation of any software, firmware or data archiving utilities will be uninterrupted or error free. Buyer may not (i) copy or duplicate the Software, in whole or in part (other than one back-up copy, bearing all original copyright notices, for archival purposes), (ii) transfer, sublicense, distribute, rent, or otherwise provide or disclose any such Software, or any portion thereof, to any third party, (iii) circumvent any restrictions imposed by any license manager, or (iv) modify, adapt, copy, recast, alter, compile, decompile, translate, or create derivative works based on the software, or use the same for application development purposes.
Third party Products: Items not manufactured by CIVCO are warranted only by the original manufacturer and only if and to the extent set forth in the original manufacturer’s warranty. CIVCO 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 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, parts, or software may be made by substitution of similar or upgraded products having the same or similar functionality. For CIVCO software, CIVCO will provide software support, updates and upgrades for the duration of the warranty period during normal working hours or at additional charge outside normal working hours. CIVCO will not provide support or upgrades for software not representing the then-current or most recent upgrade for the Product to be serviced. 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. For eligible equipment, the Warranty may be extended and upgraded by purchase of a prepaid service contract at the time of product purchase.
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, computer viruses, 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. Buyer is responsible for compliance with applicable laws, regulations and requirements of government authorities pertaining to the purchase, installation, operation, use, resale, shipment, and/or disposition of Products and CIVCO makes no warranty regarding compliance with such requirements. BUYER RETAINS FULL RESPONSIBILITY FOR THE ACCURATE CALIBRATION AND SAFE TRANSMISSION OF RADIATION TO ANY THIRD PARTY, WITH OR WITHOUT CIVCO'S PRODUCT IN PLACE.
TO THE FULL EXTENT ALLOWED BY LAW, THE FOREGOING WARRANTIES AND REMEDIES ARE EXCLUSIVE AND EXPRESSLY IN LIEU OF ALL OTHER EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, TERMS, OR CONDITIONS, WRITTEN OR ORAL, 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 applicable 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. 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.