Warranty Limitations
Surgimedics makes no express guarantees, warranties, or other representations as to its products, other
than those appearing in its written form in its own trade literature or written proposals. Surgimedics
expressly disclaims the implied warranties of merchantability, fitness for a particular purpose,
and noninfringement in relation to any of its products. In no event shall Surgimedics be liable to
the purchaser of any product for consequential, incidental, or special damages irrespective of
whether such damages are alleged to arise in tort, contract, law, equity, or by statute. The above
provisions relating to the exclusion of consequential, incidental, and special damages shall survive and
remain in force notwithstanding a finding by a court of competent jurisdiction that the exclusive remedy
provided below to a product purchaser has failed of its essential purpose.
For a period of one year, Surgimedics will repair or replace, at its option, any product, or part thereof,
that fails because of a material or manufacturing defect; provided that (1) the defect is not caused by the
purchaser or its customer, (2) the product was not custom manufactured to the specifications of the
purchaser, and (3) the product has not been damaged, altered, or defaced. This limited warranty shall be
the sole and exclusive remedy of the purchaser, irrespective of whether the claims of purchaser are
made in contract, tort, warranty, law, equity, or by statute. In the event that a court of competent
jurisdiction determines that the exclusive remedy set forth above has failed of its essential purpose, such
a failure shall entitle the purchaser to a return of the purchase price of the product involved.
Shipping Damage
Title and risk of loss will pass to purchaser upon delivery at the (Ex-Works) point. Delivery shall be (Ex-
Works San Antonio, Texas). Surgimedics will, as an accommodation to purchaser unless otherwise
directed in writing, ship product to purchaser at its address, freight prepaid and insured at purchasers
risk and expense. Purchaser should (1) inspect all packaging for external damage, (2) report the same to
the carrier, (3) obtain an inspection report from the carrier within 15 days, and (4) file a claim with the
carrier.
Returned Goods Policy
A request for return authorization must be submitted to Surgimedics Customer Service Department prior
to the return of any product. The request for return authorization must include the product catalog
number, product lot number, quantity, and specific reason for the return. No product may be returned
after 90 days from the original date of purchase, unless defective.
Where a return of any product is authorized, Surgimedics will provide a return authorization number and
a Certificate of Cleanliness to be completed by the customer. Each shipping container must be marked
with the return authorization number, as well as a completed Certificate of Cleanliness, or it will not be
accepted. All product must be returned freight prepaid except returns due to our shipping error, material
or manufacturing defects, or damage during shipment that renders the product unsalvageable upon
receipt. Unsalvageable product must be returned via the original carrier.
Credit may be issued to the original purchaser for authorized returns of salable, unused product in
unopened boxes in Surgimedics current catalog, subject to a 35% restocking fee. Surgimedics Quality
Assurance Department will inspect returned product to determine whether it is in salable condition. Credit,
including transportation costs, will be issued to the original purchaser for authorized returns within 90 days
for product discovered upon inspection to be unsalvageable or shipped in error. Except for defective
products, no credit will be issued for unauthorized returns, returns after 90 days from original date of
purchase, custom manufactured product, or unsalable product.
WARRANTY
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