SKYTRON SURGICAL LIGHTS AND TABLES LIMITED WARRANTY
Limited Warranty.SKYTRON, a Division of the KMW Group, Inc., warrants only to the original purchas er (the Customer) that the products
that it sells, either directly or through its distributors or other authorized representati ves, shall not be defective for t heapplicable time provided
for, and subj ect to the conditions and exceptions stated in, this warranty. A product shall be considered defective if SKY TRON determines
that it is defective in materials or workmanshi p and that the defect materially impairs the value of the product under normal use, maintenanc e
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 SKYTRONs instructions. THIS WARRA NTY 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 replacem ent parts, spares, bulbs (for surgical lights), pads and accessory items (for surgic al 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 shi pment to the Custom er, whichever is
earlier. If SKYTRON supplies a replac ement part or product under this warranty, then the warranty on such replacement part or product shall
terminat e upon (i ) 90 days or (ii) the end of the remai ning 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 Custom er gives SKYTRON and the distributor from
whom the Customer purchased the product written notice of the defect within such period and com plies with all other terms of this warranty,
then SKY TRON or its authorized service agent shall repair or replace the defecti ve product or part thereof, at SKYTRONs 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 SKYTRONs authorized servi c e
representati ves normal hourly rat e. If SKY TRON (or its authorized representati ve) fails to repai r or repl ace any defective product or part
thereof within a reasonable time, then SKY TRON 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
representati ve) may repair or replace the defective product or part thereof. This is the sole and exclusi ve 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. SKY TRON shall not be li able t o the Customer or anyone else in t ort for any negligent design or
manufacture of any products, or for the omission of any warning with respect thereto.
Miscellaneous. No dealer, empl oyee, or other representative of SKY TRON m ay 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 juris diction over the parties and the parties waive any objection t hat the c ourt is an inconvenient forum.