AGNES Medical USA warrants to the person or entity executing the Sales Agreement to which this limited warranty is attached (the “Customer”) that the AGNES System shall be free from material defects and shall function in accordance with the written technical specifications and standards set forth in the System User Manual for a period of twenty-four (24) months from shipment date of the purchased AGNES System (the “Warranty Period”). The “AGNES System” means the products and/or components specified on the face of the Sales Agreement, which may include any one of the Main Device, Hand Pieces, Footswitch, and Cables. If during the Warranty Period the AGNES System is defective or does not function in accordance with product specifications AGNES will, at its sole option, and as AGNES’s sole liability and Customer’s exclusive remedy, repair or replace at no cost to the Customer, including parts, labor and shipping charges to return to AGNES. All return product requires an authorized RMA number issued by AGNES’s Customer Service by dialing 844-811-1154 or via contact form.
AGNES System consumable products are not warrantied, however, if upon investigation and validation the product is determined defective and does not function in accordance with product specifications then, at AGNES’s sole option, either a credit will be issued, or the products will be replaced at no cost.
The foregoing limited warranty is subject to the following: (i) the AGNES RF System must be operated at all times in accordance with the specifications set forth in the System User Manual and in accordance with the restrictions on use, re- sale and rental set forth in the Terms and Conditions of Purchase and Use, (ii) Customer must implement all system software updates or upgrades provided to Customer during the Warranty Period, and (iii) the Customer must notify AGNES of any defect or non-functionality covered by the foregoing limited warranty promptly upon the occurrence of the event. Any delay of notification of product-specific issues in excess of seven(7) days will void the warranty.
Further, this limited warranty does not cover damage to the AGNES RF System or other liability that results from (i) misuse, negligence, abuse, or accident, (ii) any repairs, modifications, alterations or installation made by any person or entity not duly authorized by AGNES in writing to perform such activities, or (iii) any failure to comply with applicable laws, rules or regulations. The AGNES RF System is made up of integrated pieces of sensitive, calibrated, electronic, plastic and metal parts and can be easily damaged if not handled carefully. For example, dropping the Hand Piece, knocking it against a hard surface, or otherwise causing it to come in contact with a foreign object or surface can cause irreparable damage, which events are not covered by this limited warranty. Causing the Main Device to come in contact with foreign substances or foreign objects can cause irreparable damage, which events are not covered by this limited warranty. The foregoing is for illustration only and are not meant as an exhaustive list of events that would not be covered under this limited warranty because of misuse, negligence, abuse, or accident.
If a covered warranty event cannot be resolved remotely through phone or electronic troubleshooting, AGNES will provide a loaner AGNES RF System to Customer if necessary, to ensure continued operation at the Customer site. Upon repair of the original AGNES RF System, AGNES will redeliver the original AGNES RF System and arrange for pickup of the loaner. AGNES also reserves the right to replace the original system with a new or factory-certified replacement system if repairing the original system is not prudent.
During the Warranty Period, AGNES will provide to Customer any software update or upgrade that enhances system functionality or allows access to new procedures and that is offered generally to all AGNES customers free of charge.
AGNES will provide written quotations for all proposed service to the AGNES RF System not covered under this limited warranty. Such quotations are provided by AGNES’ Customer Service Department. All quotations are valid for thirty (30) days from the date issued unless otherwise specified on the quotation. AGNES may require a non-refundable prepayment to cover costs associated with performing pre-quotation diagnoses. Any System repairs performed by third parties not authorized by AGNES will void any and all warranties.
RETURN MATERIAL AUTHORIZATION
No AGNES System product returned for any service or limited warranty will be accepted by AGNES unless a Return Material Authorization (RMA) number has been issued by AGNES’ Customer Service at sales@iAGNES.com.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FOREGOING LIMITED WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. AGNES DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, AND AGNES’ SOLE AND EXCLUSIVE LIABILITY WITH RESPECT TO THE AGNES RF SYSTEM (WHETHER FOR ANY NON-CONFORMITY, DEFECT OR OTHERWISE) WILL BE THOSE EXPRESSLY SET FORTH HEREIN. IN THE EVENT OF A VIOLATION BY THE CUSTOMER OF THE TERMS RELATING TO USE, RESALE OR RENTAL OF THE AGNES RF SYSTEM SET FORTH IN THE TERMS OF CONDITIONS OF PURCHASE AND USE AND THE SALES AGREEMENT, WITHOUT LIMITING THE CUSTOMER’S OTHER REMEDIES, THIS LIMITED WARRANTY SHALL BE VOIDED.
AGNES MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, REGARDING THE PRODUCTS OR ANY PART THEREOF, AND AGNES SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, SATISFACTORY QUALITY, AND THOSE ARISING OUT OF COURSE OF DEALINGS OR USAGE IN TRADE. AGNES NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME ANY OTHER LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THE MARKETING, SALE, OR USE OF ANY PRODUCT. NOTWITHSTANDING THE FOREGOING, AGNES DOES NOT EXCLUDE LIABILITY TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE EXCLUDED OR LIMITED BY LAW.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL AGNES’ LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SALES AGREEMENT, ANY QUOTATION, ORDER, INVOICE OR PACKING SLIP FOR THE PRODUCTS, THE SALE OF THE PRODUCTS, AGNES’ PERFORMANCE OR FAILURE TO PERFORM HEREUNDER, OR THE PERFORMANCE OR FAILURE TO PERFORM OF ANY PRODUCT, IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE PURCHASE PRICE OF THE AGNES RF SYSTEM. IN NO EVENT WILL AGNES BE LIABLE FOR PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, TORT OR ANALOGOUS DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF
USE, LOSS OF PROFITS, LOSS OF BUSINESS OR LOSS OF GOODWILL, EVEN IF AGNES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN NO EVENT WILL AGNES BE LIABLE FOR ANY DAMAGES CAUSED BY CUSTOMER’S FAILURE TO PERFORM ITS RESPONSIBILITIES, FOR ANY DAMAGE TO ANY PERSON OR PROPERTY OR FOR ANY CLAIM AGAINST CUSTOMER BY ANY OTHER PARTY.
IF ANY PORTION OF THIS LIMITED WARRANTY IS FOUND TO BE VOID OR UNENFORCEABLE, ITS REMAINING PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.