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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