Section 9
23
Warranty Information & Limits on Liability
9
SECTION 9 - WARRANTY INFORMATION AND LIMITS ON LIABILITY
CooperSurgical, Inc. warrants the operational safety and correct system operation of the whole
unit under the condition that:
• The device is operated as described in the manuals
• The device has not been modified
• All service intervals are kept according to manuals
• Only original spare parts and accessories that have been approved by CooperSurgical
are used
CooperSurgical warrants that the T45/T47 will be free from defects in materials and workmanship
for one year from the date of initial purchase. If CooperSurgical determines that a workstation
fails to conform to that warranty during the one-year warranty period, CooperSurgical will, as the
sole remedy for that failure to conform, repair or replace that workstation, at CooperSurgical’s
discretion, free of charge.
To return a workstation to CooperSurgical, a customer must comply with CooperSurgical’s
Returned Goods Policy described in this manual. A customer will not have any remedy if a
workstation does not conform to the warranty for that workstation unless that workstation is
returned to CooperSurgical in accordance with that Returned Goods Policy. CooperSurgical
will ship returned products that it repaired or replaced under warranty to the customer who
returned those products, at CooperSurgical’s expense F.O.B. the customer’s facility. Under all
other circumstances, CooperSurgical will ship returned products to the customer who returned
those products at the customer’s expense F.O.B. CooperSurgical’s facility.
CooperSurgical’s warranties do not cover damage caused by misuse, improper care, improper
use of chemicals or cleaning methods, loss, theft, servicing by non-authorized personnel or
negligent or intentional conduct on the part of the owner or user of the workstation, nor do
they cover normal wear and tear or general maintenance. Any modifications or changes to a
workstation will void that workstation’s warranty. CooperSurgical’s warranties do not apply to
any single- or limited-use, disposable or consumable components or items.
CooperSurgical is not responsible for, and the owner and operator of the workstation shall
defend, indemnify and hold harmless CooperSurgical from and against, any claims, damages,
and other losses resulting from the improper servicing, maintenance, repair use or operation of
the workstation or the owner or operator’s negligence or willful misconduct.
COOPERSURGICAL SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR LOST
PROFITS, DAMAGES FROM LOSS OF USE OR LOST DATA, OR INDIRECT, SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES UNDER ITS WARRANTIES OR OTHERWISE FOR ANY CLAIM
RELATED TO COOPERSURGICAL’S PRODUCTS, EVEN IF COOPERSURGICAL HAS BEEN
ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
COOPERSURGICAL’S LIABILITY WITH23 RESPECT TO A PRODUCT COVERED BY A WARRANTY
OR OTHERWISE SHALL BE LIMITED IN ALL CIRCUMSTANCES TO THE PURCHASE PRICE
OF THAT PRODUCT. THE ABOVE WARRANTIES ARE IN LIEU OF, AND COOPERSURGICAL
HEREBY DISCLAIMS, ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WRITTEN OR ORAL,
WITH RESPECT TO COOPERSURGICAL’S PRODUCTS, INCLUDING THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO TERMS, CONDITIONS,
UNDERSTANDINGS OR AGREEMENTS THAT PURPORT TO MODIFY THE ABOVE WARRANTIES
OR THAT MAKE ANY ADDITIONAL WARRANTIES FOR ANY COOPERSURGICAL PRODUCT
SHALL HAVE ANY LEGAL EFFECT UNLESS MADE IN WRITING AND SIGNED BY AN AUTHORIZED
COOPERSURGICAL CORPORATE OFFICER.
