
SKYTRON SURGICAL LIGHTS AND TABLES LIMITED WARRANTY
Limited Warranty.SKYTRON, a Division of the KMW Group, Inc., warrants only to the original purchaser (the “Customer”) that the products
that it sells, either directly or through its distributors or other authorized representatives, shall not be “defective” for the applicable time provided
for, and subject to the conditions and exceptions stated in, this warranty. A product shall be considered “defective” if SKYTRON determines
that it is defective in materials or workmanship and that the defect materially impairs the value of the product under normal use, maintenance
and service. This warranty does not apply to (i) any product that is modified or altered, (ii) minor product adjustments necessitated by ordinary
wear and tear or (iii) damage to the products caused by accident, use of replacement parts other than original OEM parts, unauthorized
repairs, improper installation or use, abuse, lack of user training, or failure to comply with SKYTRON’s instructions. THIS WARRANTY IS IN
LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE.
Warranty Period. The warranty on replacement parts, spares, bulbs (for surgical lights), pads and accessory items (for surgical tables) shall
extend for 90 days from the date of receipt by the Customer. The warranty on all SKYTRON Surgical Lights and Tables shall extend for two
years from (i) the initial installation of the product by Customer or (ii) the first anniversary of the date of shipment to the Customer, whichever is
earlier. If SKYTRON supplies a replacement part or product under this warranty, then the warranty on such replacement part or product shall
terminate upon (i) 90 days or (ii) the end of the remaining period of the original warranty, whichever is of greater benefit to the Customer.
Remedies. If a product proves defective during the applicable warranty period, and if the Customer gives SKYTRON and the distributor from
whom the Customer purchased the product written notice of the defect within such period and complies with all other terms of this warranty,
then SKYTRON or its authorized service agent shall repair or replace the defective product or part thereof, at SKYTRON’s option. If
necessary, this warranty includes the cost of service labor and travel time to the site of product use for two years; provided, however, that
delays caused by the Customer in accessing the product for repair will be chargeable to the Customer at SKYTRON’s authorized service
representative’s normal hourly rate. If SKYTRON (or its authorized representative) fails to repair or replace any defective product or part
thereof within a reasonable time, then SKYTRON shall be liable for the reasonable cost of repair by a third party, but the Customer shall not
obtain repair by a third party without giving SKYTRON at least 15 days prior written notice, during which time SKYTRON (or its authorized
representative) may repair or replace the defective product or part thereof. This is the sole and exclusive remedy for any defect.
Limitations. SKYTRON SHALL NOT BE LIABLE TO THE CUSTOMER OR TO ANYONE ELSE FOR CONSEQUENTIAL, INCIDENTAL,
SPECIAL, EXEMPLARY, INDIRECT, OR PUNITIVE DAMAGES ARISING FROM ANY DEFECT, DELAY, NONDELIVERY, RECALL, OR
OTHER BREACH BY SKYTRON, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST
PROFITS, OR OTHER ECONOMIC INJURY. SKYTRON shall not be liable to the Customer or anyone else in tort for any negligent design or
manufacture of any products, or for the omission of any warning with respect thereto.
Miscellaneous. No dealer, employee, or other representative of SKYTRON may extend or enlarge this warranty, waive any of the limitations,
or make any different or additional warranties with respect to the products. Any statements to the contrary are null and void unless made in
writing signed by an authorized officer of SKYTRON. This warranty shall be governed by Michigan law. Any action arising out of or relating to
this warranty shall be brought in any federal or state court located in Kent County, Michigan and having jurisdiction of the subject matter, and
any such court shall have personal jurisdiction over the parties and the parties waive any objection that the court is an inconvenient forum.