Common use of WARRANTY AND LIMITATION OF REMEDIES Clause in Contracts

WARRANTY AND LIMITATION OF REMEDIES. Parts sold by IBM may be new or certified used parts, which carry the same warranty as a new part. Parts are warranted, for three months after delivery, to be free from defects in material and workmanship. IBM's obligation is limited to furnishing, on an exchange basis, replacements for parts that have been promptly reported by the customer as, in the customer's opinion, defective and are so found by IBM upon inspection. The replacement part assumes the warranty service status of the replaced item. THIS WARRANTY IS YOUR EXCLUSIVE WARRANTY AND REPLACES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS FOR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO THE WARRANTY PERIOD. NO WARRANTIES APPLY AFTER THAT PERIOD. In no event will IBM be liable for any lost profits, lost savings, incidental damages, or other economic consequential damages, even if IBM has been advised of the possibility of such damages, or for any claim against the customer by any other party. Some jurisdictions do not allow limitations of an implied warranty or the exclusion or limitation of consequential damages, so the above limitations or exclusions may not apply to the customer. This warranty gives the customer specific legal rights, and the customer may also have other rights that may vary from jurisdiction to jurisdiction. IBM's entire liability and the customer's exclusive remedy for damages, from any cause whatsoever, regardless of the form of action, whether in contract or tort including negligence, shall be limited to actual damages up to the greater of $25,000 USD or the purchase price contained in IBM's invoice(s) for parts purchased that caused the damages or that are the subject matter of, or are directly related to, the cause of action. This limitation of remedy does not apply to claims for bodily injury (including death) or damage to real property or tangible personal property for which IBM is legally liable.

WARRANTY AND LIMITATION OF REMEDIES. Parts sold [Warranty attached as Exhibit F] a.) The sole warranty given by IBM may Angiometrx to Distributor respecting the Products shall be new or certified used partsthat contained in the literature supplied by Angiometrx with the Products, which carry the same warranty as a new partAngiometrx may change at any time in its sole discretion, subject to 60 days notice to Distributor prior to any such change. Parts are warranted, for three months after delivery, to Angiometrx's liability will be free from defects in material and workmanship. IBM's obligation is limited to furnishingthe provisions of such warranty, on an exchange basis, replacements for parts that have been promptly reported by and Distributor shall not make any other representations or warranties respecting the customer as, in the customer's opinion, defective and are so found by IBM upon inspectionProducts. The replacement part assumes the warranty service status of the replaced item. THIS SUCH WARRANTY IS YOUR EXCLUSIVE WARRANTY AND REPLACES IS GIVEN IN LIEU OF ALL OTHER WARRANTIES OR WARRANTIES, REPRESENTATIONS, GUARANTEES AND CONDITIONS, EXPRESS EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE INCLUDING, BUT NOT LIMITED TOWITHOUT LIMITATION, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, DURABILITY AND FITNESS FOR MERCHANTABILITY AND PURPOSE (INCLUDING FITNESS FOR A PARTICULAR PURPOSE) AND WARRANTIES ARISING FROM USAGE OF TRADE OR COURSE OF DEALING. THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS Any description of Products, whether in writing or made orally by Angiometrx, specifications, samples, models, bulletins, drawing, diagrams, or similar material used in connection with the Products are for the sole purpose of identifying the Products and shall not be construed as an express warranty or representation. ANGIOMETRX AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. SOME JURISDICTIONS DO NOT ALLOW DISTRIBUTOR SPECIFICALLY EXCLUDE THE EXCLUSION OR LIMITATION APPLICATION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION TO UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. b.) DISTRIBUTOR'S EXCLUSIVE REMEDY FOR ANY BREACH OF THE WARRANTY PERIODDESCRIBED IN SECTION 7.a.) WILL BE REPLACEMENT OF SUCH PRODUCTS BY ANGIOMETRX OR, AT ANGIOMETRX'S ELECTION, REFUND OF THE PURCHASE PRICE. NO WARRANTIES APPLY AFTER THAT PERIODANGIOMETRX SHALL NOT BE SUBJECT TO AND EXPRESSLY DISCLAIMS: (A) ANY OTHER OBLIGATIONS OR LIABILITIES ARISING OUT OF BREACH OF CONTRACT OR OF WARRANTY, (B) ANY OBLIGATIONS WHATSOEVER ARISING FROM TORT CLAIMS (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR ARISING UNDER OTHER THEORIES OF LAW WITH RESPECT TO PRODUCTS OR ANY UNDERTAKINGS, ACTS OR OMISSIONS RELATING THERETO, AND C) ALL CONSEQUENTIAL, INCIDENTAL, SPECIAL AND CONTINGENT DAMAGES WHATSOEVER, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ANGIOMETRX SPECIFICALLY DISCLAIMS ANY LIABILITY FOR PROPERTY OR PERSONAL INJURY DAMAGES, PENALTIES, SPECIAL OR PUNITIVE DAMAGES, DAMAGES FOR LOST PROFITS OR REVENUES, OR ANY OTHER ECONOMIC LOSS AND FOR CLAIMS OF DISTRIBUTOR'S CUSTOMERS OR ANY THIRD PARTY FOR ANY SUCH DAMAGES. In no event will IBM Distributor shall be liable to Angiometrx for any lost profits, lost savings, incidental damages, or other economic consequential damages, even if IBM has been advised Products damaged after title and risk of the possibility of such damagesloss is passed to Distributor, or for any claim Products to which Distributor made changes in fabrication, assembly or otherwise. c.) Angiometrx shall hold Distributor harmless from any and all claims, demands and liabilities (including product liability) arising from or related to any claim, action or proceeding made by a third party as a result of Angiometrx's activities hereunder (subject to the limitations described in paragraph 7.a. and 7.b above) unless such liability arises from a negligent act or omission of Distributor. d.) Distributor shall not make any oral or written representations that vary from the specifications, operating instructions or representations given or made by Angiometrx to Distributor or Distributor's employees with respect to the Products. e.) Distributor shall defend and hold harmless Angiometrx and any of its affiliates from and against the customer by any other party. Some jurisdictions do not allow limitations of an implied warranty or the exclusion or limitation of consequential and all claims, demands, actions, liabilities, damages, so judgments, liens, costs losses and expenses (including legal expense) which may be suffered as a result of or in connection with the above limitations conduct of the business of Distributor or exclusions may not apply any failure of Distributor to perform and observe its obligations under this Agreement. f.) Notwithstanding anything herein to the customercontrary, subject to the consent of Manufacturer, such consent not to be unreasonably withheld, Distributor is authorized to offer extended warranty programs and to offer warranty coverage, at its risk and expense, beyond the warranty coverage offered by Manufacturer. This warranty gives the customer specific legal rights, and the customer may also have other rights that may vary from jurisdiction Distributor shall be entitled to jurisdiction. IBM's entire liability and the customer's exclusive remedy for damages, from any cause whatsoever, regardless all of the form of actionprofits, whether in contract or tort including negligenceif any, shall be limited to actual damages up to the greater of $25,000 USD or the purchase price contained in IBM's invoice(s) for parts purchased that caused the damages or that are the subject matter of, or are directly related to, the cause of action. This limitation of remedy does not apply to claims for bodily injury (including death) or damage to real property or tangible personal property for which IBM is legally liablederived from said extended warranty programs.

WARRANTY AND LIMITATION OF REMEDIES. Parts a. DMS will complete Warranty Activation Form for each end-user customer. DMS Health TechnologiesMaster AgreementsMarch 28, 2014-CCM;TAA page 7 of 99 b. The Products listed on the attached Product Exhibits are covered by Product Warranty as set forth in the Warranty Classification Table (Appendix A), in favor of the end-user of such Products. The Product Warranty as set forth in the Warranty Classification Table is the sole and exclusive Warranty covering any Product sold by IBM may be new Philips. c. Philips will supply DMS with the Product Warranty Classification Table for pre-sale disclosure to prospective users. DMS shall comply with Federal Trade Commission regulations requiring pre-sale availability of Warranty, and any other applicable federal or certified used parts, which carry the same warranty as a new part. Parts are warranted, for three months after delivery, state law relating to be free from defects in material and workmanship. IBM's obligation is limited to furnishing, on an exchange basis, replacements for parts that have been promptly reported by the customer as, in the customer's opinion, defective and are so found by IBM upon inspection. The replacement part assumes the warranty service status of the replaced item. THIS Product warranties. d. NO OTHER WARRANTY IS YOUR EXCLUSIVE WARRANTY AND REPLACES ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, . PHILIPS SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OR CONDITIONS FOR MERCHANTABILITY OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THESE WARRANTIES GIVE YOU SPECIFIC LEGAL RIGHTS THE REMEDIES PROVIDED HEREIN, INCLUDING THE PROCEDURE FOR RETURN OF DEFECTIVE GOODS PROVIDED IN SECTION 10 (Schedule A) HEREOF, ARE DMS's SOLE AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTIONEXCLUSIVE REMEDIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF EXPRESS OR IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. IN THAT EVENT, SUCH WARRANTIES ARE LIMITED IN DURATION NOTWITHSTANDING ANYTHING TO THE WARRANTY PERIOD. CONTRARY CONTAINED IN THIS AGREEMENT, IN NO WARRANTIES APPLY AFTER THAT PERIOD. In no event will IBM be liable EVENT SHALL PHILIPS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUES OR OTHER INDIRECT DAMAGES), WHETHER BASED ON CONTRACT, TORT, BREACH OF WARRANTY, FULFILLMENT OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, FRAUD, OR ANY OTHER LEGAL THEORY, EVEN IF DMS HAS BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OCCURRING. e. Philips's liability, if any, for any lost profitsdamages whether arising from breach of the terms in this Agreement, lost savingsbreach of Warranty, incidental damagesnegligence, indemnity, strict liability or other tort, or other economic consequential damages, even if IBM has been advised otherwise with respect to the Products and services is limited to an amount not to exceed the price of the possibility of such damages, Product or for any claim against service giving rise to the customer by any other partyliability. Some jurisdictions do not allow limitations of an implied warranty or the exclusion or This limitation of consequential damages, so the above limitations or exclusions may shall not apply to the customer. This warranty gives the customer specific legal rights, and the customer may also have other rights that may vary from jurisdiction to jurisdiction. IBM's entire liability and the customer's exclusive remedy for damages, from any cause whatsoever, regardless of the form of action, whether in contract or tort including negligence, shall be limited to actual damages up to the greater of $25,000 USD or the purchase price contained in IBM's invoice(s) for parts purchased that caused the damages or that are the subject matter of, or are directly related to, the cause of action. This limitation of remedy does not apply to third-party claims for bodily injury (including death) or damage to real property death caused by Philips's negligence or tangible personal property for which IBM is legally liableproven product defect. f. Product Warranty does not transfer upon the sale of used demonstration products or supplies.