STANDARD LIMITED WARRANTY - Oxigraf, Inc.

All scientific instruments sold by Oxigraf, Inc. are warranted to the purchaser against defects in workmanship and material in accordance with the terms set below.

§1. Warranty Period and Limitation of Action

a. THE WARRANTY PERIOD OF 1 (ONE) YEAR WILL BEGIN ON THE COMPLETION DAY OF THE INSTALLATION.
b. IN ALL CASES, THE WARRANTY PERIOD SHALL EXPIRE NOT LATER THAN 15 (FIFTEEN) MONTHS FROM THE DATE THE EQUIPMENT ARRIVES AT THE CUSTOMER’S SITE.
c. ANY ACTION FOR BREACH OF THIS WARRANTY OR OTHER ACTION ARISING FROM IT, RELATED TO THIS WARRANTY MUST BE COMMENCED WITHIN 1 (ONE) YEAR FROM THE DATE THE CLAIM OR ACTION FIRST OCCURRED OR BE FOREVER BARRED.
d. IN-WARRANTY REPAIRED OR REPLACED PARTS ARE WARRANTED FOR THE REMAINDER OF THE ORIGINAL WARRANTY PERIOD, OR 90 (NINETY) DAYS, WHICHEVER IS LONGER. REPAIR OR REPLACEMENT OF PARTS DOES NOT EXTEND THE ORIGINAL WARRANTY OF A SYSTEM.

§2. Warranty Coverage

a. This warranty applies to defects in material and workmanship for only those Products manufactured by Oxigraf, Inc.. Upon the beginning of the warranty period, all customer’s repairs or modifications shall be governed by the provisions of this warranty.
b. All labor, parts, and transportation costs of Oxigraf, Inc. personnel during the warranty period are free of charge. All replaced parts become the property of Oxigraf, Inc..
c. After expiration of the warranty period Oxigraf, Inc. will make available service for which the customer will be charged at the prevailing price for parts, labor and transportation.

§3. Warranty Exclusions

a. This warranty excludes from coverage such items as routine customer maintenance and adjustments or recalibrations due to normal wear-and-tear or long term electrical drift of the System.
b. Oxigraf, Inc. will not warrant against faults or damage arising from natural wear-and- tear, faulty or careless treatment, accidents, faulty installation or set into operation by the customer or by a third party, subjection to stresses or vibrations greater than those described, use of unsuitable materials, faulty building work, improper maintenance schedule, inadequate utility service, or other influences not controlled by Oxigraf, Inc.. Oxigraf, Inc. reserves the right to determine if parts’ failure is due to alteration by the customer or have failed due to the customer’s environment.
c. Some parts, by reason of their material makeup, or by the way they are used, are considered consumable items and carry no warranty.

§4. Warranty Adjustment

a. All claims under warranty must be made promptly after occurrence of the problem and must be received within the warranty period by Oxigraf, Inc.. These claims should include the following information: the product type, the serial number, and a full description of the problem.
b. Oxigraf, Inc. reserves the right in its sole discretion to determine if the repair shall be made by sending a service engineer to the site, or authorizing the customer to return the part to Oxigraf, Inc.. Any part returned to Oxigraf, Inc. shall be sent prepaid via transportation means acceptable to Oxigraf, Inc. at the expense of the customer. Oxigraf, Inc. reserves the right to reject any warranty claim not promptly reported for any item which was altered or shipped by non-acceptable transportation means. The customer shall be responsible for all damages resulting from improper packing, handling, or loss in transit.
Oxigraf, Inc. has sole responsibility for determining the cause and nature of the failure and that determination shall be final. If it is determined that the customer or third party attempted to alter or repair without the expressed written agreement of Oxigraf, Inc., this warranty is rendered null and void.

§5. Components

Components manufactured by Oxigraf, Inc. are warranted to be free of defects in material and workmanship for a period of 1 (one) year from the date of shipment. If Oxigraf, Inc. specifically agrees to provide installation at the customer’s expense, the warranty period shall commence from the time of installation. All component warranties extended by Oxigraf, Inc. are limited accordingly with the conditions and other provisions stated in this warranty.

§6. ATTENTION: Limitations and Disclaimer

THE SOLE REMEDY UNDER THIS WARRANTY SHALL BE REPAIR OR PRODUCT MALFUNCTIONS, WHICH IN THE SOLE OPINION OF Oxigraf, Inc. ARE DUE TO DEFECTS IN MATERIAL OR WORKMANSHIP. Oxigraf, Inc. MAY, AT ITS OPINION, ELECT TO REPAIR OR REPLACE DEFECTIVE PARTS. THIS WARRANTY APPLIES ONLY TO THE COMPONENT PARTS MANUFACTURED BY Oxigraf, Inc.; ACCESSORIES NOT MANUFACTURED BY Oxigraf, Inc. WILL BE REPAIRED OR REPLACED ACCORDING TO THE ORIGINAL MANUFACTURER’S WARRANTY TERMS. Oxigraf, Inc. HEREBY DISCLAIMS LIABILITY FOR FAILURE OF THE ORIGINAL MANUFACTURER TO PERFORM UNDER ITS OWN WARRANTY OBLIGATIONS.

OTHER THAN SPECIFICALLY PROVIDED FOR IN THIS WARRANTY, Oxigraf, Inc. SHALL NOT BE LIABLE FOR ANY OTHER CLAIM OR LOSS RELATED TO THIS WARRANTY WHETHER SUCH CLAIM ARISES OR IS BASED ON CONTRACT, TORT, OR STRICT LIABILITY OR OTHERWISE. IN NO EVENT SHALL LIABILITY EXCEED THE PAYMENT RECEIVED BY Oxigraf, Inc. FOR THE PRODUCT EQUIPMENT OR COMPONENT PARTS MANUFACTURED BY Oxigraf, Inc..

THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, USE, OR APPLICATION. NO OTHER WARRANTIES, OBLIGATIONS, OR LIABILITIES SHALL BE EFFECTIVE UNLESS AGREED TO IN WRITING BY Oxigraf, Inc..