Common use of Terms Applicable to Limited Warranty, Service Contract Clause in Contracts

Terms Applicable to Limited Warranty, Service Contract. and Out-of-Warranty Service: If Xxxx is unable to resolve an Equipment defect remotely through phone or electronic troubleshooting, Merz will provide Customer with a loaner or replacement device to ensure continued operation at Customer’s site. Merz will cover shipping charges to and from the Customer’s site on the loaner device and on Customer’s inoperable Equipment. If a loaner is provided, upon completion of repair, Merz will redeliver the Equipment and arrange for pickup of the loaner device. Merz reserves the right to charge Customer list price for any loaner devices not returned in accordance with Xxxx’x instructions. During the applicable warranty term, Merz will provide Customer with any Software updates or upgrades which are offered generally to all Ulthera customers free of charge and which enhance Ulthera System functionality or allow access to new, FDA-cleared procedures. The foregoing excludes Ulthera System upgrades to diagnostic-quality imaging which would require a separate transducer. Customer must install all Software updates and upgrades provided to Customer during the applicable warranty term. The warranties set forth in Sections 8(A)-(C) are personal to Customer and are nontransferable. The System must be operated at all times in accordance with the Specifications. Customer must notify Merz of any defect or non-functionality covered under the applicable warranty period within seventy-two (72) hours of the event in order for the event to be eligible for coverage. Nothing in this Article 8 covers damage to Equipment resulting from misuse, abuse, accident, or other use not strictly in accordance with the Specifications. The System is comprised of integrated pieces of sensitive, calibrated, electronic, plastic and metal parts and can be easily damaged if not handled carefully. Physical damage of the probe receptacle (latch), handpiece (right/left), control unit shell, and/or display assembly is considered Customer damage/abuse, and is excluded from coverage. Damage resulting from any part of the System coming in contact with foreign substances or foreign objects is also considered Customer damage/abuse, and is excluded from coverage. The foregoing are for illustration only and are not meant as an exhaustive list of events that would not be covered under the Merz warranties. Xxxx is the only authorized service provider for the Equipment. Due to safety and quality concerns, Merz prohibits the repair of any Equipment by an unauthorized service provider. Use of an unauthorized service provider will immediately void any and all warranties or service contracts in effect.

Terms Applicable to Limited Warranty, Service Contract. and Out-of-of- Warranty Service: If Xxxx Merz is unable to resolve an Equipment defect remotely through phone or electronic troubleshooting, Merz will provide Customer with a loaner or replacement device to ensure continued operation at Customer’s site. Merz will cover shipping charges to and from the Customer’s site on the loaner device and on Customer’s inoperable Equipment. If a loaner is provided, upon completion of repair, Merz will redeliver the Equipment and arrange for pickup of the loaner device. Merz reserves the right to charge Customer list price for any loaner devices not returned in accordance with Xxxx’x instructions. During the applicable warranty term, Merz will provide Customer with any Software updates or upgrades which are offered generally to all Ulthera customers free of charge and which enhance Ulthera System functionality or allow access to new, FDA-cleared procedures. The foregoing excludes Ulthera System upgrades to diagnostic-quality imaging which would require a separate transducer. Customer must install all Software updates and upgrades provided to Customer during the applicable warranty term. The warranties set forth in Sections 8(A)-(C) are personal to Customer and are nontransferable. The System must be operated at all times in accordance with the Specifications. Customer must notify Merz of any defect or non-functionality covered under the applicable warranty period within seventy-two (72) hours of the event in order for the event to be eligible for coverage. Nothing in this Article 8 covers damage to Equipment resulting from misuse, abuse, accident, or other use not strictly in accordance with the Specifications. The System is comprised of integrated pieces of sensitive, calibrated, electronic, plastic and metal parts and can be easily damaged if not handled carefully. Physical damage of the probe receptacle (latch), handpiece (right/left), control unit shell, and/or display assembly is considered Customer damage/abuse, and is excluded from coverage. Damage resulting from any part of the System coming in contact with foreign substances or foreign objects is also considered Customer damage/abuse, and is excluded from coverage. The foregoing are for illustration only and are not meant as an exhaustive list of events that would not be covered under the Merz warranties. Xxxx Merz is the only authorized service provider for the Equipment. Due to safety and quality concerns, Merz prohibits the repair of any Equipment by an unauthorized service provider. Use of an unauthorized service provider will immediately void any and all warranties or service contracts in effect.

Terms Applicable to Limited Warranty, Service Contract. and Out-of-of- Warranty Service: If Xxxx is unable to resolve an Equipment defect remotely through phone or electronic troubleshooting, Merz Xxxx will provide Customer with a loaner or replacement device to ensure continued operation at Customer’s site. Merz Xxxx will cover shipping charges to and from the Customer’s site on the loaner device and on Customer’s inoperable Equipment. If a loaner is provided, upon completion of repair, Merz Xxxx will redeliver the Equipment and arrange for pickup of the loaner device. Merz Xxxx reserves the right to charge Customer list price for any loaner devices not returned in accordance with Xxxx’x instructions. During the applicable warranty term, Merz Xxxx will provide Customer with any Software updates or upgrades which are offered generally to all Ulthera customers free of charge and which enhance Ulthera System functionality or allow access to new, FDAHealth Canada-cleared procedures. The foregoing excludes does not include any Ulthera System upgrades to diagnostic-quality imaging which would require a separate transducer. Customer must install all Software updates and upgrades provided to Customer during the applicable warranty term. The warranties set forth in Sections 8(A)-(C) are personal to Customer and are nontransferable. The System must be operated at all times in accordance with the Specifications. Customer must notify Merz Xxxx of any defect or non-functionality covered under the applicable warranty period within seventy-two (72) hours of the event in order for the event to be eligible for coverage. Nothing in this Article 8 covers damage to Equipment resulting from misuse, abuse, accident, or other use not strictly in accordance with the Specifications. The System is comprised of integrated pieces of sensitive, calibrated, electronic, plastic and metal parts and can be easily damaged if not handled carefully. Physical damage of the probe receptacle (latch), handpiece (right/left), control unit shell, and/or display assembly is considered Customer damage/abuse, abuse and is excluded from coverage. Damage resulting from any part of the System coming in contact with foreign substances or foreign objects is also considered Customer damage/abuse, abuse and is excluded from coverage. The foregoing are for illustration only and are not meant as an exhaustive list of events that would not be covered under the Merz Xxxx warranties. Xxxx is the only authorized service provider for the Equipment. Due to safety and quality concerns, Merz Xxxx prohibits the repair of any Equipment by an unauthorized service provider. Use of an unauthorized service provider will immediately void any and all warranties or service contracts in effect.

Terms Applicable to Limited Warranty, Service Contract. and Out-of-of- Warranty Service: If Xxxx is unable to resolve an Equipment defect remotely through phone or electronic troubleshooting, Merz Xxxx will provide Customer with a loaner or replacement device to ensure continued operation at Customer’s site. Merz Xxxx will cover shipping charges to and from the Customer’s site on the loaner device and on Customer’s inoperable Equipment. If a loaner is provided, upon completion of repair, Merz Xxxx will redeliver the Equipment and arrange for pickup of the loaner device. Merz Xxxx reserves the right to charge Customer list price for any loaner devices not returned in accordance with Xxxx’x instructions. During the applicable warranty term, Merz Xxxx will provide Customer with any Software updates or upgrades which are offered generally to all Ulthera customers free of charge and which enhance Ulthera System functionality or allow access to new, FDA-FDA- cleared procedures. The foregoing excludes does not include any Ulthera System upgrades to diagnostic-quality imaging which would require a separate transducer. Customer must install all Software updates and upgrades provided to Customer during the applicable warranty term. The warranties set forth in Sections 8(A)-(C) are personal to Customer and are nontransferable. The System must be operated at all times in accordance with the Specifications. Customer must notify Merz Xxxx of any defect or non-functionality covered under the applicable warranty period within seventy-two (72) hours of the event in order for the event to be eligible for coverage. Nothing in this Article 8 covers damage to Equipment resulting from misuse, abuse, accident, or other use not strictly in accordance with the Specifications. The System is comprised of integrated pieces of sensitive, calibrated, electronic, plastic and metal parts and can be easily damaged if not handled carefully. Physical damage of the probe receptacle (latch), handpiece (right/left), control unit shell, and/or display assembly is considered Customer damage/abuse, and is excluded from coverage. Damage resulting from any part of the System coming in contact with foreign substances or foreign objects is also considered Customer damage/abuse, and is excluded from coverage. The foregoing are for illustration only and are not meant as an exhaustive list of events that would not be covered under the Merz Xxxx warranties. Xxxx is the only authorized service provider for the Equipment. Due to safety and quality concerns, Merz Xxxx prohibits the repair of any Equipment by an unauthorized service provider. Use of an unauthorized service provider will immediately void any and all warranties or service contracts in effect.