Carstens, Incorporated (the "Seller") warrants the articles sold will confirm with all pertinent specifications, including performance specifications, drawings, and approved sample, if furnished. Seller also warrants said articles to be free of defective material and workmanship.
This warranty is in lieu of all other warranties, expressed or implied. Seller makes no warranty that said Products are fit for any particular purpose, nor any warranty as to the merchantability or quality of Products sold except as herein stated. All claims for alleged defects in articles under this warranty shall be deemed waived unless made in writing and delivered to Seller within ninety (90) days after receipt of the Product by Buyer.
This warranty shall not apply where goods have been subject to misuse, neglect, accident, improper installation or application, or have been repaired or substantially altered by others. No returns will be accepted unless authorized by Carstens. Seller’s liability shall, in no event, include Buyer’s manufacturing costs, lost profits or goodwill, or any other special or consequential damages.
Carstens, Incorporated warrants that the products listed below will remain free of defects in workmanship and in factory installed material, and will remain fit for the ordinary purposes for which intended, during the time periods and subject to the conditions stated below. This limited warranty applies to the following products:
Should the Buyer of any of the foregoing products find otherwise, Carstens will, at its exclusive option, either repair or replace the defective products at no charge to the Buyer for parts and service. If Carstens is unable to repair or replace the products, it will credit the Buyer’s account for:
This limited warranty covers only such defects which are incurred under usual and customary use in medical facilities. This warranty does not cover normal maintenance or adjustments, nor damage or malfunction caused by improper handling, maintenance, installation, abuse, accident, incorrect power source, negligence, carelessness of operation, misapplication, or alteration or repair of the product in any manner without the prior written consent of Carstens.
THE PROVISIONS OF THIS LIMITED WARRANTY ARE EXPRESSED IN LIEU OF ANY OTHER WARRANTIES, EXPRESSED OR IMPLIED. ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER IMPLIED WARRANTY IS EXPRESSLY DISCLAIMED. Further, this limited warranty is applicable only to the purchaser of such merchandise from Carstens, regardless of whether or not such purchaser is the end user of subject equipment. THE REMEDIES PROVIDED FOR IN THIS LIMITED WARRANTY ARE EXPRESSLY IN LIEU OF ANY LIABILITY THAT CARSTENS MAY HAVE, INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages; the above limitation or exclusion may not apply to you. This limited warranty gives you specific legal rights and you have other rights which vary from state to state.