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Warranty

Hutchinson Technology Incorporated (HTI) warrants the InSpectra
InSpectra
StO
System Check (Products) under the following terms and conditions.
2
Warranty
HTI warrants the Products to be free from defects in workmanship and material under normal use and service as specified in the User Manual for a
period of one year from the date of purchase [Original Warranty Period].
• H TI's Warranty does not cover abuse or physical damage to the Products.
• H TI's Warranty extends only to Customers purchasing the Products directly from HTI or as new Products from an authorized representative.
• H TI's Warranty is not transferable.
HTI warrants the Products to be free from infringement of United States (i) Patent and (ii) Copyright rights of third parties, provided the Products are
used in the manner specified in the User Manual for the Products. Any modification, unauthorized repair or use not in conformity with the User Manual
for the Products immediately voids this warranty against infringement.
tHIS WarraNtY IS EXcLuSIVE, aND HtI MaKES No otHEr WarraNtY, EXprESS or IMpLIED, INcLuDING But Not LIMItED to aNY
WarraNtY oF MErcHaNtaBILItY, FItNESS For a partIcuLar purpoSE. Without limiting the foregoing, no Product is a life-saving product
or a diagnostic device. Any oral or written statement concerning the Products that is inconsistent with this Warranty shall be of no force or effect.
ANY UNAUTHORIZED WORK IMMEDIATELY VOIDS THIS WARRANTY.
To obtain information or assistance, contact Customer Service.
Customer can purchase an optional one- or two-year extension of HTI's Warranty for the InSpectra StO
Optical Cable and the InSpectra StO
Extended warranty may only be purchased at the time of original InSpectra StO
remedies
The liability of HTI under this Warranty is limited to one of the following, as HTI may elect in its sole discretion: replacing (with substantially similar, new
or refurbished equipment) or repairing, issuing credit for, or refunding the purchase price of, Products returned to HTI, adjusted to reflect their age and
use. For HTI to be liable to provide this remedy:
• Customer must notify HTI in writing within thirty (30) days following discovery of a breach of warranty.
• Customer must obtain a Return Authorization Number from HTI by calling Customer Service.
• T he Products must be returned to HTI with shipping charges prepaid by Customer. Customer is liable for loss or damage during shipment to HTI.
HTI will pay for return of Products to Customer by surface delivery. HTI is liable for loss or damage during shipment to Customer.
HTI's examination of the Products must disclose to its satisfaction that:
• T he Products have not been repaired or altered by anyone other than HTI;
• A ny defect has not been caused by misuse, neglect or accident;
• T he Products have not been operated under conditions other than normal use; and
• A ll prescribed periodic maintenance and services have been performed.
All parts or equipment replaced will become the property of HTI.
THIS IS THE EXCLUSIVE REMEDY FOR ANY BREACH OF WARRANTY. The sole purpose of this remedy is to provide the Customer with the
replacement (with substantially similar, new or refurbished equipment) or repair of nonconforming Products, or a credit or refund of a portion of the
purchase price for such Products in the manner provided herein. This exclusive remedy shall not be deemed to have failed of its essential purpose
so long as HTI is willing and able to repair or replace the nonconforming Products or credit or refund a portion of the purchase price therefore in the
manner provided herein.
Limitation of Damages
IN NO EVENT SHALL HTI BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL
DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS ARISING OUT OF THE USE OF THE PRODUCTS OR CAUSED BY ANY DEFECT,
FAILURE OR MALFUNCTION OF THE PRODUCTS WHETHER FOR BREACH OF ANY WARRANTY, FOR NEGLIGENCE, ON THE BASIS OF
STRICT LIABILITY, OR OTHERWISE.
additional terms and conditions
If the Original Warranty Period or any purchased Extended Warranty Period for a Product has elapsed, the purchase of any further Extended Warranty
Period is subject to HTI's approval and only after HTI inspects and repairs any defects or performs any services as may be deemed necessary by HTI
to restore the Products to HTI specifications and proper working order.
Customer will be invoiced for all such inspection and repair services at HTI's then current rates and such charges shall be in addition to the amount
paid for extended warranty coverage.
Customer must call Customer Service for service problems before returning any Products.
During any Extended Warranty Period, this Warranty may be terminated at the option of HTI if the repair of the Products requires parts that are no longer
available to HTI, and there is not substantially similar refurbished equipment available for replacement. If this Warranty is so terminated by HTI, HTI will
return a prorated portion of the amount paid for extended warranty coverage. Prorating, if applicable, will be based on a thirty (30) day-month.
Any claim or action under this Warranty must be brought within 60 days after the end of the applicable warranty period.
System Check [Extended Warranty Period], running from the expiration date of the Original Warranty Period.
2
StO
Tissue Oxygenation Monitor, the InSpectra
2
Tissue Oxygenation Monitor, the InSpectra
2
Monitor purchase.
2
Optical Cable and the
33
Warranty

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