Warranty and Support Statement


Limited Warranty - Hardware

This warranty applies only to hardware and mechanical devices including phantoms (the PRODUCT). For software warranty please see the Limited Warranty - Software

A. LIMITED WARRANTY. Modus Medical Devices Inc. (Modus) warrants to the original purchaser that the PRODUCT will be free from defects in material and workmanship for a period of one year from the date of delivery. Modus does not warrant that operation of the PRODUCT will be error-free or uninterrupted. If the PRODUCT is found to be defective during the warranty period, the part(s) and labour required to repair the PRODUCT will be provided by Modus free of charge. To receive warranty repair the PRODUCT must be returned to Modus. This warranty is subject to the following exceptions and limitations:

  • The customer shall be responsible for proper maintenance and handling of the PRODUCT.
  • No warranty is extended to any PRODUCT that has been altered or modified in any way.
  • No warranty is extended to any PRODUCT that has been misused, or damaged.

 

B. TERM OF WARRANTY. This limited warranty covers the PRODUCT for one year from the date of delivery. If you receive supplements, updates, or replacement PRODUCT during that year, they will be covered for the remainder of the warranty or 30 days, whichever is longer.

C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Modus’ reasonable control.

D. NO OTHER WARRANTIES. This limited warranty is the only warranty from Modus. Modus gives no other express warranties, guarantees or conditions. Where allowed by your local laws, Modus excludes implied warranties of merchantability, fitness for a particular purpose and non-infringement.

E. REMEDY FOR BREACH OF WARRANTY. If Modus cannot repair or replace a defective PRODUCT, Modus will refund the amount shown on the invoice for the PRODUCT. To receive a refund you must return the PRODUCT and other associated materials to Modus. This is your only remedy for breach of this limited warranty.

F. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your local laws which this agreement cannot change.

G. NO LIABILITY. In no event shall Modus be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) arising out of your use of or inability to use the PRODUCT, even if Modus has been advised of the possibility of such damages. No distributor, dealer or other party is authorized to make any warranty on behalf of Modus, or to assume for Modus any other liability with respect to its PRODUCTs.  


Limited Warranty - Software

This warranty applies only to software applications and firmware (the SOFTWARE). For hardware warranty please see the Limited Warranty - Hardware

A. LIMITED WARRANTY. Modus Medical Devices Inc. (Modus) warrants that if you follow the instructions, the SOFTWARE will perform substantially as described in the Modus materials that you receive in or with the SOFTWARE. Modus does not warrant that the operation of the SOFTWARE will be error-free or uninterrupted. If the SOFTWARE is defective Modus will repair or replace the SOFTWARE free of charge. This warranty is subject to the following exceptions and limitations:

  • No warranty is extended to any SOFTWARE that is being used on unsupported operating systems and/or computer hardware.
  • No warranty is extended to any SOFTWARE that has been altered or modified in any way.
  • No warranty is extended to any SOFTWARE that is being used on a system that has been corrupted by computer viruses, spy ware, or any third party software or device.

 

B. TERM OF WARRANTY. This limited warranty covers the SOFTWARE for one year from the date of delivery. If you receive supplements, updates, or replacement SOFTWARE during that year, they will be covered for the remainder of the warranty or 30 days, whichever is longer.

C. EXCLUSIONS FROM WARRANTY. This warranty does not cover problems caused by your acts (or failures to act), the acts of others, or events beyond Modus’ reasonable control.

D. NO OTHER WARRANTIES. This limited warranty is the only warranty from Modus. Modus gives no other express warranties, guarantees or conditions. Where allowed by your local laws, Modus excludes implied warranties of merchantability, fitness for a particular purpose and non-infringement.

E. REMEDY FOR BREACH OF WARRANTY. If Modus cannot repair or replace defective SOFTWARE Modus will refund the amount shown on the invoice for the SOFTWARE. To receive a refund you must uninstall the SOFTWARE and return any media and other associated materials to Modus. This is your only remedy for breach of this limited warranty.

F. CONSUMER RIGHTS NOT AFFECTED. You may have additional consumer rights under your local laws which this agreement cannot change.

G. NO LIABILITY In no event shall Modus be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) arising out of your use of or inability to use the SOFTWARE, even if Modus has been advised of the possibility of such damages. No distributor, dealer or other party is authorized to make any warranty on behalf of Modus, or to assume for Modus any other liability with respect to its SOFTWARE.


Changing these terms
Modus Medical Devices Inc. may change these terms by posting notice on its site. These terms were last revised on Friday, July 20, 2012.