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Warranty Terms<br />

Product Support and<br />

Service Programs<br />

If the Customer discovers within the warranty period (original or Service<br />

Agreement) that an Instrument has a defect in materials and/or<br />

workmanship, the customer must promptly notify the Company. Also, if the<br />

Customer discovers within the service warranty period that any service or<br />

repair work performed by Linvatec has a defect in workmanship and/or<br />

materials, the customer must promptly notify the Company. If it becomes<br />

necessary to return the Instrument to the Company, the Customer must (a)<br />

acquire a “Returned Goods” authorization from the Company Customer<br />

Service Department, (b) pack the unit carefully, and (c) return it to the<br />

Company via air freight, prepaid.<br />

Within a reasonable time after receipt of the Instrument, the Company will<br />

investigate and correct any defect covered by warranty by providing, at its<br />

option, one of the following: service or repair of the Instrument, a<br />

replacement of the Instrument, or a refund of the purchase price of the<br />

Instrument. All parts and assemblies replaced by Linvatec shall become the<br />

property of Linvatec. These remedies are the Customer’s exclusive remedies<br />

under the warranty.<br />

The foregoing limited warranties do not apply to:<br />

• Instruments that have been tampered with, altered, abused, neglected,<br />

or misused.<br />

• Instruments damaged through use with other than Company authorized<br />

accessories, attachments, burs or blades.<br />

• Instruments not manufactured by or for the Company.<br />

• Instruments used for purposes other than those for which they were<br />

designed and manufactured, including use in any way inconsistent with<br />

the instructions and warnings contained in the Company instruction<br />

manuals and package inserts.<br />

• Instruments that were last serviced, refurbished, reprocessed or<br />

reconditioned by a nonauthorized service entity.<br />

THE FOREGOING LIMITED WARRANTIES ARE IN LIEU OF ALL<br />

OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT<br />

NOT LIMITED TO, THE IMPLIED WARRANTIES OF<br />

MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.<br />

In no case shall the Company be liable for any special, incidental or<br />

consequential damages based upon breach of warranty or any other legal<br />

theory. Some jurisdictions do not allow limits on warranties, or on remedies,<br />

and, in such jurisdictions, the limits in this and the preceding paragraphs may<br />

not apply.<br />

The Company reserves the right (a) to make design changes to Instruments at<br />

any time without notice to Customer and without incurring any obligation to<br />

incorporate those changes into Instruments previously purchased or leased, and<br />

(b) to make changes from time to time in the contents of any publication,<br />

instruction manual or package insert without any obligation to notify Customers<br />

of such revisions or changes, and (c) to change price without notice.<br />

Additional Service Programs<br />

R.A.P.I.D.<br />

Linvatec’s R.A.P.I.D. (Replacement Arthroscope/Endoscope with Priority for<br />

Immediate Delivery) program is designed to minimize downtime and<br />

inconvenience when a Linvatec reusable scope is damaged. Linvatec will<br />

replace reusable scopes covered under this program on an exchange basis, via<br />

overnight delivery, subject to availability.<br />

RAPID Program Guidelines:<br />

1. Linvatec will replace the damaged scope via overnight shipment (subject to<br />

availability) with a model of equal quality. Linvatec Customer Service must<br />

receive the request prior to 4:30 p.m. EST for next business day delivery. A<br />

customer purchase order is required.<br />

2. An invoice up to list price will be issued. It is your responsibility to return<br />

the damaged scope to Linvatec within fifteen (15) working days. The<br />

returned scope will be evaluated and, if repairable, a credit will be issued<br />

for the salvage value (as determined by Linvatec) of the damaged scope.<br />

3. If the damaged scope cannot be refurbished, credit will not be issued and<br />

you will be notified.<br />

4. Linvatec reserves the right, from time to time, to modify the list of scopes<br />

being covered under this program.<br />

For additional information, contact your Sales Representative or Linvatec<br />

Customer Service at 800-237-0169.<br />

Advance Payment R.A.P.I.D.<br />

Linvatec’s Advance Payment RAPID (Replacement Arthroscope/Endoscope<br />

with Priority for Immediate Delivery) program is designed like the RAPID<br />

program, but is intended to capitate scope repair costs. Under the program,<br />

customers will pre-pay a fee based on the number of their Linvatec scopes.<br />

Linvatec will replace damaged scopes up to four (4) times [the number of<br />

scopes covered under the agreement per year].<br />

Advanced Payment RAPID Guidelines<br />

1. Customer must sign an agreement for one (1), two (2), or three (3) years.<br />

2. Upon signing the agreement, an invoice will be issued for the amount of<br />

the agreement.<br />

3. Linvatec will replace the damaged scope via overnight shipment (subject to<br />

availability) with a model of equal quality. Linvatec Customer Service must<br />

receive the request prior to 4:30 p.m. EST for next business day delivery. A<br />

customer purchase order is required.<br />

4. A zero-dollar invoice will be issued. It is your responsibility to return the<br />

damaged scope to Linvatec within ten (10) working days.<br />

5. If the damaged scope is not received within ten (10) working days, you will<br />

be invoiced $1,500.00, which is not refundable.<br />

6. This program does not currently cover 1.9mm small joint scopes. Linvatec<br />

reserves the right, from time to time, to modify the list of scopes being<br />

covered under this program.<br />

C.4, ENDOSCOPIC IMAGING SYSTEMS Customer Service: (within U.S.) Phone: 800.237.0169 • Fax 813.399.5256 • Customer Service: (outside U.S.) Phone: 727.392.6464 • Fax: 727.397.4540

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