WARRANTY
Newport Medical Instruments, Inc. (NMI) warrants this product to meet the published
specifications and to be free from defects in material and workmanship under normal use
for a period of one
(1)
year from date of purchase. The foregoing is in lieu of any other
warranty, expressed, implied or statutory, including without limitation any warranty or
machinability, warranty of fitness for any particular purpose,
or
warranty of any kind as to
design. The sole liability of NMI under this warranty is limited to replacing, repairing or
issuing credit at the discretion of NMI for the products, equipment or parts which fail to
meet the published specifications or which become defective during warranty period and
which are, upon examination
by NMI, found not to meet the published specifications or to
be defective in materials or workmanship. NMI will not
be
liable under this warranty unless
the following provisions are strictly complied with. (a) NMI is promptly notified, in writing,
upon. discovery of the failure of the said product or equipment to meet the published
specifications or of the defects in materials
or
workmanship.
@)
The defective product,
equipment or part thereof is returned to NMI, transportation charges prepaid by the buyer..
(c) The defective part is received by NMI for examination no later than one
(1)
month
following the expiration of the warranty period and provided
(d)
that examination by NMI of
said product, equipment or part shall disclose to
NMl's satisfaction that such defect has not
been caused by improper usage, accident, neglect, alteration, abuse, improper installation
or unauthorized repair. Products, equipment or parts replaced under this warranty are
warranted only through the terms of the original warranty. NMI neither assumes nor
authorizes any other person or entity to assume for it any other warranty, obligation or
liability in connection with its products or equipment whatsoever, and as to the fitness or
usefulness of the equipment manufactured by it for any medical treatment, physical
condition or other purpose whatsoever. In no event shall NMI be liable for personal injury,
property damage or any special or consequential damage to the buyer, user or any other
person whomsoever, including, but not limited to, loss of profits, loss of use of the product or
equipment, or for damages of any kind whatsoever based on a claim for breach of warranty
other than a refund of the purchase price of any defective product or equipment.
Any
authorization for repair or alteration by buyer must be in writing from NMI to prevent the
voiding of this warranty. In the event NMI or its representatives render any technical advice
or service of any kind to buyer or anyone else in connection with the equipment or products
covered by this warranty, the buyer hereby releases NMI from all liability of any kind
whatsoever as a result thereof; and the warranty as here in before set fourth shall not
be
enlarged
or
affected by said action by NMI.