After BIODEX's attempts to remedy such nonconformity, BIODEX has determined that the nonconformity is not a result of improper use, accident, repair or other misuse by buyer.
Any replacement product shall carry the unexpired term of the warranty which was applicable to the replaced product or a period of 30 days, whichever is longest.
BIODEX MAY RETAIN THE RIGHT TO VOID ALL SYSTEM WARRANTIES IF PAYMENT IS NOT RECEIVED AS PRESCRIBED IN TERMS OF PURCHASE.
EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANT ABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL BIODEX BE LIABLE FOR LOSS OF PROFITS, INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES ARISING OUT OF ANY BREACH HEREOF.
Warranty time period stated in paragraph "A" is from date of invoice (shipment) unless otherwise specified in writing by BIODEX.
Products which have been subject to use other than described as standard use in the system's operator's manual, neglect or accident.
THIS WARRANTY IS NOT TRANSFERABLE (SITE, OWNERSHIP, ETC.) WITHOUT THE WRITTEN PERMISSION OF BIODEX MEDICAL SYSTEMS. WARRANTY IS VOID UNLESS EQUIPMENT IS PROPERLY INSTALLED.