LIMITED WARRANTY STATEMENT
PLEASE READ THESE WARRANTY TERMS AND CONDITIONS CAREFULLY BEFORE USING YOUR HATCHMED CORPORATION PRODUCT. BY USING THE PRODUCT, YOU ARE CONSENTING TO BE BOUND BY THE FOLLOWING WARRANTY TERMS AND CONDITIONS.
HatchMed Corporation (“HatchMed”) warrants all new HatchMed manufactured accessories to be free from material defects in materials and workmanship for the warranty periods set forth below. The warranty periods commence on the invoice date of the original purchase. This warranty applies only against defects discovered within the warranty period and extends to the end user or distributor, who on the behalf of the original healthcare end-user, with proof of purchase validated, may claim coverage. Parts repaired or replaced under the terms of this warranty will be warranted for the remainder of the original warranty period only. To claim under this warranty, Distributor must notify HatchMed within 30 days after the date of discovery of any claimed defect and make the affected product available for inspection by HatchMed or its service representative. HatchMed’s obligations under this warranty are limited as set forth below.
Warranty Period and Coverage.
- BlackJack: 5 Years, parts only.
- SnapJack: 5 Years, parts only.
- PillowCase: 1 Year, parts only.
- HallMonitor: 1 Year, parts only.
- Talon: 1 Year, parts only.
- All Other Products: 1 Year, parts only.
Conditions and Restrictions.
This warranty is valid only in accordance with the conditions set forth below:
- The warranty applies to the HatchMed product only while:
- Any assistance provided by HatchMed outside the terms of this warranty does not waive the limits of this warranty.
a. it remains in the possession of the original healthcare end-user and proof of purchase is demonstrated.
b. it has not been subjected to accident, misuse, abuse, improper service, or modification,
c. claims are made within the warranty period.
This Limited Warranty shall not apply to:
- Damages due to improper transport, storage, installation, maintenance, use, repair or failure to follow HatchMed’s instructions or procedures.
- Damage resulting from work performed by service providers not authorized by HatchMed.
- Damage caused by the negligence of the end user.
Disclaimer and Release.
The warranties provided herein are the exclusive warranties given by HatchMed and supersede any prior, contrary or additional representations or warranties, whether oral or written.
ALL OTHER EXPRESS WARRANTIES AND ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARE HEREBY DISCLAIMED AND EXCLUDED. HATCHMED ALSO HEREBY DISCLAIMS AND EXCLUDES ALL OTHER OBLIGATIONS OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO ANY NON CONFORMANCE OR DEFECT IN ANY PRODUCT, INCLUDING BUT NOT LIMITED TO:
(A) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF HATCHMED OR ITS SUPPLIERS (WHETHER ACTIVE, PASSIVE OR IMPUTED); AND
(B) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OF OR DAMAGE TO ANY PRODUCT.
This disclaimer and release shall apply even if the express warranty set forth above fails of its essential purpose.
For any product described above that HatchMed determines to have failed to conform to its warranty, HatchMed will provide, at its option, one of the following:
(2) replacement; or
(3) refund or credit
of the purchase price.
HatchMed Limited Warranty service may be obtained by contacting HatchMed or the authorized dealer from whom Buyer purchased the item. HatchMed compensates only HatchMed authorized service providers for warranty trips within their normal service area to repair commercial products at the customer’s location.
THESE SHALL BE THE SOLE AND EXCLUSIVE REMEDIES OF THE BUYER FOR ANY BREACH OF WARRANTY.
EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES.
HATCHMED AND/OR ITS SUPPLIERS SHALL HAVE NO OBLIGATION OR LIABILITY, WHETHER ARISING IN CONTRACT (INCLUDING WARRANTY), TORT (INCLUDING ACTIVE, PASSIVE, OR IMPUTED NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE, FOR DAMAGE TO THE PRODUCT, PROPERTY DAMAGE, DEATH, PERSONAL INJURY, LOSS OF USE, GOODWILL, REVENUE OR PROFIT, COST OF CAPITAL, COST OF SUBSTITUTE PRODUCT, ADDITIONAL COSTS INCURRED BY BUYER (BY WAY OF CORRECTION OR OTHERWISE) OR ANY OTHER INCIDENTAL, SPECIAL, INDIRECT, COMPENSATORY OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM NONDELIVERY OR FROM THE USE, MISUSE OR INABILITY TO USE THE PRODUCT.
This exclusion applies even if the above warranty fails of its essential purposes and regardless of whether such damages are sought for breach of warranty, breach of contract, negligence, or strict liability in tort or under any other legal theory.
HATCHMED’S LIABILITY SHALL BE LIMITED TO THE AMOUNT PAID BY BUYER FOR THE RELEVANT PRODUCT.
Complete this portion and keep for your records.
Purchased From: HatchMed Corporation
Invoice Date: ___________________________