Contractual warranty on PRODUCTS
Under the contractual warranty on PRODUCTS, new INSTRUMENTS are covered against manufacturing defects for a period of Two(2) years from the date of invoicing by Company.
In case of a manufacturing defect to an INSTRUMENT being recorded during this period, the DISTRIBUTOR shall send Company formal NOTIFICATION of it, together with an accurate description of this manufacturing defect. Under the contractual warranty, Company undertakes to replace free of charge all parts reasonably considered to be defective, in accordance with the procedure described in APPENDIX E. Replacement parts may be new or refurbished, at the election of Company.
This contractual warranty applies only within the strict limits of normal use of INSTRUMENTS, in conformity with the installation, maintenance and after-sales procedures as described into the IRU and the technical manuals, and in the context of their exclusive use with appropriate and approved HORIBA Medical products. Normal exchange or replacement of parts does not extend the period of warranty.
The foregoing warranty of replacement, repair or credit is in lieu of all other warranties and shall be the sole remedy of the DISTRIBUTOR in the event of a defective PRODUCT. In no event shall HORIBA Medical be liable for any other compensation or indemnification of whatever nature, nor shall it be responsible for any special or consequential damages such as, but not limited to, damage to property, loss of profit, etc., resulting from the sale, handling, possession or use of the PRODUCT.
The DISTRIBUTOR agrees and undertakes to indemnify HORIBA Medical with respect to and hold HORIBA Medical harmless from and against any and all claims against HORIBA Medical by any third party, relating to any defect or alleged defect of, or tort liability with respect to any PRODUCT or part thereof sold to the DISTRIBUTOR under this CONTRACT except to the extent such claim is caused by HORIBA Medical or its employees' gross negligence or wilful misconduct. The DISTRIBUTOR shall have to carry adequate product liability insurance to cover its liability under this provision.