CIVCO Radiotherapy 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 Radiotherapy 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 Radiotherapy any other liability in connection with its Products.
CIVCO Radiotherapy Products: CIVCO Radiotherapy 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 Radiotherapy 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 Radiotherapy 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 Radiotherapy warrants that Services performed by CIVCO Radiotherapy will be performed in a professional manner consistent with good industry practice, and that all CIVCO Radiotherapy-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 Radiotherapy Software & Media: CIVCO Radiotherapy warrants that any media on which CIVCO Radiotherapy 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 Radiotherapy’s published specifications at time of sale, in each case under normal use in accordance with CIVCO Radiotherapy’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 Radiotherapy 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 Radiotherapy are warranted only by the original manufacturer and only if and to the extent set forth in the original manufacturer’s warranty. CIVCO Radiotherapy 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 Radiotherapy’s entire liability for such breach will be repair or replacement, at CIVCO Radiotherapy’s option, of the non-conforming product or part or, if neither is in CIVCO Radiotherapy’s opinion commercially feasible, refund of an amortized portion of the purchase price paid for the product. Such obligation will be subject to CIVCO Radiotherapy being granted the reasonable opportunity to inspect, at CIVCO Radiotherapy’s expense, the non-conforming product at the location of its use or storage or, at CIVCO Radiotherapy’s request, return of the product to CIVCO Radiotherapy. 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 Radiotherapy software, CIVCO Radiotherapy 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 Radiotherapy 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 Radiotherapy 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 Radiotherapy’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 Radiotherapy’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 Radiotherapy) or failure to provide a suitable installation environment; (2) alteration, disassembly, modification, repair, or maintenance by persons other than CIVCO Radiotherapy 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 Radiotherapy’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 Radiotherapy hardware, software, services, components, accessories, attachments, interfaces, consumables, or other items not furnished by CIVCO Radiotherapy or specified for such purpose in CIVCO Radiotherapy’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 Radiotherapy 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 Radiotherapy 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 RADIOTHERAPY 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 RADIOTHERAPY’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 Radiotherapy’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 Radiotherapy any other liability in connection with its products.