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Resurgent Limited Warranty
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WARRANTY COVERAGE This document sets forth the entire Warranty Coverage between Resurgent Health & Medical, LLC (“Resurgent”) and its Meritech Division, and you, the Client. Resurgent’s warranty obligations are limited to the terms set forth in this Limited Warranty. This Limited Warranty is given only to the original end-use purchaser (referred to in this warranty as the “Original Purchaser”) of the accompanying product, consumables and accessories (collectively referred to in this warranty as “the Product”). If you purchased a product from someone other than Resurgent or an approved distributor of Resurgent, or if the product was used (including but not limited to floor models or refurbished product), prior to your purchase you are not the Original Purchaser and the product that you purchased is not covered by this warranty. Resurgent warrants the Product against defects in materials and workmanship for a period of five (5) year from the date of purchase of the Product for parts only (the “Warranty Period”) and is activated only after the Warranty Activation Card is returned to Resurgent. This Limited Warranty does not apply to the following: (a) any third-party products or any third-party operating systems installed in connection with the Product; (b) any component part from which the serial number has been removed or altered; (c) damage or non-functionality that results from (i) failure to follow the instructions that came with the Product, (ii) usage that is not in accordance with the Product instructions, including without limitation, use of solutions other than those specified by Resurgent, (iii) any act of God, vandalism, fire, lightning, smoke, pollution, particulate matter, wind, snow, icing, power surge, electrical power or water abuse, (iv) problems caused by using accessories, parts, or components not supplied by Resurgent, (v) failure to perform preventive maintenance, and (vi) servicing not authorized by Resurgent; (d) cylinder assemblies, brushes and other wear items; and (e) any Product for which Resurgent has not received payment from the Original Purchaser. If a defect exists to the Product, Original Purchaser’s sole remedy is to make a warranty claim within the Warranty Period, and Resurgent, in its sole and reasonable discretion may elect to (a) replace the Component Parts at no charge, using new and refurbished parts; or (b) exchange the Product with a product that is new or which has been manufactured from new and serviceable used parts and is at least functionally equivalent to the original Product. A replacement part/product assumes the remaining warranty of the original Product or thirty (30) days from the date of replacement or repair, whichever provides longer coverage for the Original Purchaser. When a product or part is exchanged, any replacement item becomes the Original Purchaser’s property and the replaced item becomes Resurgent’s property. To the extent assignable, Resurgent assigns to the Original Purchaser all transferable warranties (and remedies extended thereunder) that have been extended to Resurgent by the manufacturers of any of the Component Parts and, after expiration of the Warranty Period, the Original Purchaser agrees to look solely to such manufacturers with regard to any warranty claims and remedies relating to the Product. WARRANTY DISCLAIMER RESURGENT’S RESPONSIBILITY FOR MALFUNCTIONS AND DEFECTS IN THE PRODUCT IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN THIS LIMITED WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY AND SUBJECT TO THE FOREGOING, RESURGENT HAS NOT MADE, DOES NOT MAKE, NOR EXTENDS, AND HEREBY DISCLAIMS FOR ALL PURPOSES, ANY AND ALL OTHER REMEDIES, REPRESENTATIONS, WARRANTIES OR COVENANTS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, PERFORMANCE, CONDITION, DESIGN, APPLICATION, NON-INFRINGEMENT, USE AND/OR DURABILITY. IF RESURGENT CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. No statement, affirmation or other representation, whether by words or action, of Resurgent, its agents, employees or representatives that are not explicitly provided in this Limited Warranty shall constitute a warranty. LIMITATION OF LIABILITY Notwithstanding anything herein or otherwise to the contrary, express or implied, Resurgent’s liability for any claim or action of any kind arising out of, in connection with or resulting from the manufacture, sale, delivery, resale, use or repair of the Product furnished by Resurgent shall not exceed the total cost of the Product. Resurgent shall not be liable for errors, costs, or expenses which may be incurred in its performance of its obligations hereunder which results from Resurgent’s reliance upon information furnished by the Original Purchaser. RESURGENT SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LIMITED WARRANTY OR THE PRODUCT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, OR FOR ANY DAMAGES OR SUMS PAID BY THE ORIGINAL PURCHASER TO THIRD PARTIES EVEN IF RESURGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION. WARRANTY SERVICE To obtain warranty service before this Limited Warranty expires, please contact our service department at 1-800-932-7707 or [email protected], or visit our website at www.Meritech.com.

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