Southwest Medical Warranty Information
The following warranty provisions shall apply only to the purchase of products:
Except as indicated otherwise below, SWM warrants for 365 days from the Warranty Commencement Date (as defined below) that (i) the equipment will be free from defects in title, material and workmanship under normal use and service and (ii) except for equipment manufactured in compliance with Customer's designs or specifications, the equipment will perform substantially in accordance with SWM's provided technical specifications for the equipment (as such specifications exist on the date the equipment is shipped) (the "Equipment Specifications"). THIS WARRANTY COVERS PARTS ONLY, WITH A PARTS EXCHANGE AGREEMENT, EXCLUDES TUBE AND GLASSWARE, AND IS AVAILABLE ONLY TO END-USERS THAT PURCHASE THE EQUIPMENT FROM SWM OR ITS AUTHORIZED DISTRIBUTORS. Customers purchasing through an authorized distributor must contact SWM promptly following such purchase to enable this warranty.
Unless stated in writing and authorized by both parties, SWM provides no warranty for or updates to product software.
Supplies and Accessories
SWM provides no warranty for supplies, accessories, and batteries that are shipped with Warranted Products except for instances of out-of-the-box failures.
Unless expressly provided otherwise in this warranty statement or the applicable SWM quotation, the warranty period begins (the "Warranty Commencement Date") on the earlier of: (i) if SWM installs the product, 1 day after SWM notifies Customer that it has completed assembly and the product is operating substantially in accordance with SWM's published performance specifications; (ii) if SWM does not install the product, 1 day after delivery of the product to Customer; (iii) the date Customer first uses the product for patient use; or (iv) if SWM is contractually required to install the product, the 30th day following shipment to the end-user Customer if installation is delayed for reasons beyond SWM's reasonable control. The warranty period for any Warranted Product or component furnished to correct a warranty failure will be the unexpired term of the warranty applicable to the repaired or replaced Warranted Product.
If Customer promptly notifies SWM of Customer's warranty claim during the warranty period and makes the Warranted Product available for service, SWM will, at its option, either repair, adjust or replace (with new or exchange replacement parts) the non-conforming Warranted Product or components of the Warranted Product. The foregoing remedies are Customer's sole and exclusive remedies (and SWM's sole and exclusive liability) for warranty claims. These exclusive remedies shall not have failed of their essential purpose (as that term is used in the Uniform Commercial Code) as long as SWM remains willing to repair or replace defective warranted products for no charge, as applicable, within a commercially reasonable time after being notified of Customer's warranty claim. NO OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND DATA ACCURACY, WILL APPLY. SWM may use refurbished parts in new products as long as it uses the same quality control procedures and warranties as for new products. Any part for which SWM has supplied a replacement shall become SWM property.
SWM shall not have any obligation to Customer hereunder if the warranty claim results from or arises out of: (i) the use of the Warranted Product in combination with any software, tools, hardware, equipment, supplies, accessories or any other materials or services not furnished by SWM or recommended in writing by SWM; (ii) the use of the Warranted Product in a manner or environment, for any purpose, for which SWM did not design it, or in violation of SWM's recommendations or instructions on use; or (iii) any alteration, modification or enhancement of the Warranted Product by Customer or any third party not authorized or approved in writing by SWM. In addition, this warranty does not cover the Warranted Product to the extent it is used in any country other than the country to which SWM ships the Warranted Product (unless SWM expressly agrees other wise in writing). In addition, these warranties do not cover: (i) any defect or deficiency (including failure to conform to Equipment Specifications and/or Documentation, as applicable) that results, in whole or in part, from any improper storage or handling, failure to maintain the Warranted Products in the manner described in any applicable instructions or specifications, inadequate back-up or virus protection or any cause external to the Warranted Products or beyond SWM's reasonable control, including, but not limited to, power failure and failure to keep Customer's site clean and free of dust, sand and other particles or debris; (ii) the payment or reimbursement of any facility costs arising from repair or replacement of the Warranted Products; (iii) any adjustment, such as alignment, calibration, or other normal preventative maintenance required of Customer; (iv) expendable supply items; and (v) stockpiling of replacement parts.