LIMITED
WARRANY
Fitness Dynamics warrants the medical system ("Equipment")
components to be free of workmanship defects for 120 days from delivery.
Fitness Dynamics will repair defective Equipment (at Fitness Dynamics
discretion) free of charge to the Buyer. All warranty service will be
performed by authorized representatives of Fitness Dynamics during normal
working hours. This warranty is the exclusive and only warranty provided
by Fitness Dynamics on this Equipment, as in lieu of all other express
or implied warranties (including, without limitation, any implied warranties
of merchantability or fitness for a particular purpose). This warranty
is the exclusive remedy to the Buyer with respect to any and all losses
or damages resulting from any cause whatsoever to this Equipment as
delivered by Fitness Dynamics.
Fitness Dynamics shall in no way be liable for any consequential or
incidental damages of any kind, however occasioned, whether by negligence
or otherwise, including, but not limited to, the costs associated with
replacement Equipment used by the Buyer in the interim time during which
Buyer's Equipment is being repaired, and any loss of revenue claimed
by the Buyer during any period in which the Equipment is not functioning
properly and in the warranty/claims/repair/shipping process.
EXCLUDED BY WARRANTY
· Failure of any Equipment if it is used for anything other than
its intended purpose.
· Damage to any Equipment caused by any act of God, act of the
Buyer, fire, accident, war, riot, act of terrorism, damage
during shipment, misuse, abuse, negligence, accident, or any other damage
beyond Fitness Dynamic's control.
· Electrical problems occurring in Buyer's facility, including
power outages, replacement of fuses, or the resetting of
circuit breakers.
· Clinic visits to conduct staff training on Equipment.
· Motherboard
· Improper Equipment application.
· Any unauthorized parts or products supplied or installed by
individuals not authorized by Fitness Dynamics.
· All accessory attachments to the Equipment, including, but
not limited to, the hand pieces and cervical attachments.
· Anything that is considered proprietary knowledge or property
of the manufacturer.
Legal
This Agreement shall be constructed and interpreted in accordance with
the laws of the State of Arizona , without regard to its choice at law
provisions. Any and all disputes of any nature arising between regarding
this Agreement are limited to this jurisdiction and venue for adjudication
in Maricopa County, State of Arizona.
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