Services:

We represents and warrants that all Services shall be completed in a professional, workmanlike manner, with the degree of skill and care that is commercially reasonable within the applicable industry standards.

Products:

Limited Product Warranty:

We warrants to you that the Game Ready Control Unit and Heat Exchangers shall be free from material defects in workmanship and material for a period of twelve (12) months from the date of delivery to you or, as per the Manufacturer’s Warranty included in the Product User’s Manual, (“Warranty Period”), whichever is longer. Some accessory Products (sleeve, battery pack) will have shorter warranties which may be changed from time to time at Seller’s sole option. Such warranties will transfer to the final end-user of the Products to the extent permitted under Section 4.

Exclusive Remedy:

Our sole liability and your exclusive remedy for a breach of the limited warranty set forth in Section 5.2.1 shall be limited to repair or replacement of the non-conforming product at our sole discretion. Product returned to us for non-compliance with the limited warranty shall be returned in accordance with Section 6, below. Repaired or replacement products supplied under this warranty shall carry only the unexpired portion of the original Warranty Period.

Warranty Limitations:

The warranties in Section 5.2.1 shall not apply to products that have been modified or altered in any manner by anyone other than us, or to defects caused: (i) through no fault of ours during shipment to or from you; (ii) by the use or operation in an application or environment other than that intended or recommended by us; (iii) by service by anyone other than our employees, or persons approved in writing by us; (iv) by accident, negligence, misuse, other than normal electrical stress, or other causes other than normal use; or (v) by storage, usage, or handling in any manner inconsistent with the product label or instructions.

 Buyer Warranties:

We warrant that our entry into this Agreement is lawful and does not violate any other agreement to which we are a party. Furthermore, our conduct in performing our obligations under this Agreement shall conform to all applicable laws, general and local industry, and medical standards, and good commercial practices.

No Warranties:

We shall make no representations or warranties with respect to the products other than those specifically authorized in writing by you. Any other representation or warranty made by us to our sub-buyers, customers, or end-user patients regarding the products shall not impose any obligation on you. You shall not be liable for misbranding concerning any product labeling or package insert text provided or used by us, or any translation thereof, or for any adulteration or failure to meet the product specifications due to handling or packaging of the products by us or our agents.

We shall not modify or replace any components or attempt to fix any products unless expressly authorized by you. We shall indemnify, defend, and hold harmless you, your directors, officers, agents, and affiliates against any liability, loss, costs, or damages arising out of or related to our warranties or representations of the products, other than those warranties expressly authorized in writing by you.

Disclaimer:

Subject to our warranties to you as described in this Section 5, the products are provided to you on an 'as is' basis and without warranty of any kind. We do not make any warranty to you, whether express, implied, statutory, or otherwise, with respect to products, specifications, support, service, or any other materials. We specifically disclaim all implied warranties of merchantability, non-infringement, and fitness for a particular purpose

Limitation of Liability:

Notwithstanding anything to the contrary herein, to the extent permitted by applicable law, the total aggregate liability of us to any person with respect to the products and/or the relationship described in this agreement, whether based on contract, including breach of warranty, negligence, strict liability, or other tort theory, shall in no event exceed the amount of money paid to us pursuant to this agreement (with respect to the unit or units of product involved in the incident giving rise to liability) prior to the event or circumstances giving rise to such liability. In the case of liability relating to any allegedly defective or infringing unit of products, such liability shall, under any legal or equitable theory, be further limited to repair or replacement of the unit, or if impractical, return of the price paid by you for such unit.

We shall in no event be liable to any person for any incidental, special, punitive, or consequential damages, including lost profits or lost data, cost of procurement of substitute goods, or any indirect damages, even if we have been informed of the possibility thereof and notwithstanding the failure of essential purpose of any limited remedy stated herein