Warranty Service Terms and Conditions
J&J VISION OBLIGATIONS: During the Warranty Period of this Agreement, J&J Vision agrees (subject to the conditions set forth in this Agreement) to provide the following:
WARRANTY LENGTH: J&J Vision warrants that the Equipment (including new consoles, carts, remotes, foot pedals, ultrasonic hand pieces, electric TAC cutters and Surgical Media centers) purchased hereunder shall be free from any defects in materials and workmanship which may appear under proper and normal use within a period of 1 year from the date of final installation of the Equipment (as determined by assembly according to J&J Vision’s instructions) (the “Installation Date”), except that the foregoing Warranty Period shall be 90 days on any and all accessories not listed above. In no event shall the Installation Date be deemed to occur later than 6 months from the date of delivery of the Equipment by J&J Vision to the common carrier. The Purchaser shall provide prompt notice to J&J Vision, as instructed in the agreement, of any defect. In the event of a breach by J&J Vision of any terms, conditions or warranties under this Agreement during the applicable Warranty Period, J&J Vision’s sole and exclusive liability to Purchaser and Purchaser’s sole and exclusive remedy shall be limited, at J&J Vision’s option, to either (1) the repair or replacement of the Equipment, or (2) a refund of the purchase price paid by Purchaser for the Equipment, which may be conditioned upon returning the Equipment.
SERVICE: At Customer’s request, J&J Vision will perform all required field service for the purpose of making necessary repairs and adjustments to the Equipment to maintain performance within factory specifications. J&J Vision will use best efforts to provide service within 48-hours upon receipt of the Customer’s service request, subject to weather conditions and other matters beyond J&J Vision’s reasonable control, including, without limitation, employee and transportation availability. Purchaser shall permit J&J Vision to have access to the Equipment for the 48-hours service window. Customer acknowledges that J&J Vision engineers will require uninterrupted access to the Equipment being repaired and Customer shall be responsible for providing a safe place in which to perform service. If reasonable and safe access is not provided, Customer will be billed at J&J Vision’s then current hourly rates for the time the J&J Vision engineer is denied access to the Equipment. In the event Purchaser does not give J&J Vision prompt notification of a defect or access to the Equipment within 48-hours after notification, J&J Vision is hereby released from all liability with reference to such defect and subsequent damage, if any, resulting from the inability of J&J Vision to correct such defect. All service calls will be scheduled at a time mutually agreed upon by J&J Vision and Customer. Warranty services shall be performed either on-site or at J&J Vision’s facilities, as may be determined by J&J Vision in its discretion, during J&J Vision’s normal weekday business hours of Monday through Friday 8:00 a.m. to 8:00 p.m., excluding local and national holidays. Requested service outside of these hours or on J&J Vision holidays is subject to availability and will be billed at J&J Vision’s then current overtime rates. Prior to the Equipment being serviced, Customer shall back-up, remove, protect and restore (as applicable) any and all programs, data, and removable storage media contained in the Equipment. J&J Vision DISCLAIMS ALL LIABILITY WITH RESPECT TO DATA CONTAINED IN THE EQUIPMENT OR IN ANY PRODUCT RETURNED TO J&J Vision FOR REPAIR.
PARTS: J&J Vision will repair or replace any hardware parts that are necessary, as determined by J&J Vision, to maintain performance of the Equipment within factory specifications. If any J&J Vision parts are determined by J&J Vision to be defective and not repairable on-site, a replacement part will be substituted for the original. The decision to repair or replace any parts of the Equipment will be made by J&J Vision in its sole discretion. Replacement or repair to the Equipment may be made with new or repaired parts. The use of any third-party parts for repair or replacement, J&J Vision is not responsible for any issues that may occur. All replacement components or parts will be provided on an exchange basis, with the exchanged components or parts becoming the property of J&J Vision.
EQUIPMENT SERVICES LIMITED WARRANTY: J&J Vision warrants to Customer that all replacement parts shall be free from defects in materials and workmanship during the term of this Agreement. This warranty is null and void if (i) Customer attempts to service, modify, repair, or move the Equipment itself (other than performing the maintenance described in the operator and technician manuals), (ii) the Equipment is serviced, modified, or moved by any person who is not certified by J&J Vision to perform such service, or (iii) the Equipment is used in a manner not provided for in the documentation provided by J&J Vision for the Equipment. If any replacement parts are found to be defective due to defective materials and/or workmanship during the time this Agreement is in effect and payments are current, J&J Vision will, at its option, repair or replace the defective parts without charge. THE EXPRESS WARRANTY ABOVE IS THE SOLE REMEDY FOR ANY BREACH OF ANY WARRANTY WITH RESPECT TO THIS AGREEMENT AND IS IN LIEU OF ANY AND ALL OTHER REMEDIES. EXCEPT FOR THE EXPRESS WARRANTY PROVIDED ABOVE, J&J Vision EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF THIRD PARTY RIGHTS.
PREVENTIVE MAINTENANCE CALLS: J&J Vision will make maintenance calls, on a periodic basis as determined by J&J Vision to be appropriate for the Equipment, for the purpose of inspection, adjustment, and/or repair of the Equipment. As part of each maintenance call, J&J Vision will repair or replace (in its discretion) any parts to the extent necessary to ensure that the Equipment is operating within factory specifications. Customer acknowledges that no credit of any kind will be provided if Customer elects to forego any preventative maintenance calls during the term of this Agreement.
LIABILITY: J&J Vision SHALL NOT BE LIABLE UNDER ANY THEORY TO CUSTOMER OR ANY THIRD PARTY FOR INJURY OR DAMAGE TO ANY PERSON OR PROPERTY, NOR SHALL J&J VISION HAVE ANY LIABILITY FOR ANY INCIDENTAL, PUNTIVE, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OR BUSINESS OPPORTUNITY OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE SALE, INSTALLATION, SERVICE, PERFORMANCE, FAILURE, USE OR INTERRUPTED USE OF THE EQUIPMENT, OR THE UNAUTHORIZED USE OF THE EQUIPMENT.
EXCLUSIONS FROM MAINTENANCE: J&J Vision shall have no obligation to provide maintenance services or replacement parts for the Equipment in connection with: (a) Repair, replacement, or maintenance arising from (i) any acts of negligence of Customer’s employees, agents, or invitees or any third party not under the control of J&J Vision, (ii) attempts to repair, modify, or service the Equipment made by persons who are not J&J Vision certified to perform such service, (iii) use of special attachments, devices or disposables not provided by J&J Vision in connection with the Equipment, (iv) tampering in any way with any Treatment Card, Patient Interface, or any procedure counting mechanism in the Equipment, or (v) misuse of the Equipment including, without limitation, use of the Equipment for any application or function for which it was not designed; (b) Repairs or maintenance of accessories, attachments, supplies, machines, or other devices not furnished by J&J Vision, or of electrical work external to the Equipment; (c) Repairs or maintenance required by damage to the Equipment resulting from transportation by Customer, or causes (other than ordinary use) within the reasonable control of Customer, such as inadequate electrical power or environmental temperature control; (d) Repair, replacement, or maintenance arising from damage to or destruction of the Equipment as a result of or caused by fire or explosion of any origin, riot, civil commotion, aircraft, war, or any Act of God including but not limited to lightning, windstorm, hail, flood, or earthquake; (e) An unauthorized move of the equipment by persons who are not J&J Vision certified to perform such service; (f) Damage to the extent caused by using any femtosecond docking interfaces or accessories after the respective packaging sterilization date; or (g) Use of disposables other than those manufactured and distributed by J&J Vision or its affiliates or approved vendors.
UNCOVERED SERVICES: Any services not covered by this warranty will be invoiced at J&J Vision’s then current service rate, inclusive of travel charges. J&J Vision reserves the right to adjust such rates and charges from time to time at its discretion, without notice to Customer. J&J Vision agrees to maintain Worker’s Compensation Insurance as may be required by law covering its employees who perform the services.
