Laerdal Global Warranty

Warranty

1.  LAERDAL warrants that for a period of 12 months (or for a period of 24 months specifically for Resusci Anne QCPR, Resusci Junior QCPR or Resusci Baby QCPR)  from the date of shipment of the LAERDAL Product(s) from the date of installation of the LAERDAL Product(s) (if separate installation services have been purchased from LAERDAL in relation to the LAERDAL Product) or a time period otherwise noted in the product Directions for Use (Warranty Period), the Product(s) shall be free from material defects in material and workmanship.

2.  Subject to Clause 3, if:

(a)  the Customer gives notice in writing to LAERDAL during the Warranty Period within a reasonable time of discovery that some or all of the LAERDAL Product(s) do not comply with the warranty set out in Clause 1;

(b)  LAERDAL is given a reasonable opportunity of examining such LAERDAL Product(s); and

(c)  the Customer (if asked to do so by LAERDAL) returns such LAERDAL Product(s) to LAERDAL’s place of business at the Customer’s cost and risk, LAERDAL shall, at its option, repair or replace the defective LAERDAL Product(s), or refund the price of the defective LAERDAL Product(s) in full. LAERDAL reserves the right to replace the defective parts or the defective LAERDAL Product(s) or to replace low cost LAERDAL Product(s) with either new or refurbished spare parts or LAERDAL Product(s).

3.  LAERDAL shall not be liable for the LAERDAL Product(s)’ failure to comply with the warranty set out in Clause 1 if:

(a)  the Customer makes any further use of such LAERDAL Product(s) after giving a notice in accordance with Clause 2;

(b)  the defect arises because the Customer failed to follow LAERDAL’s written instructions as to the storage, installation, commissioning, use or maintenance of the LAERDAL Product(s) including the incorrect or improper installation of software or where there are no written instructions, the Product was used or installed in a manner inconsistent with the technical or safety standards in force in the country where it is  used;

(c)  the Customer alters or repairs such LAERDAL Product(s) (whether by itself or through non-authorized third parties) without the written consent of LAERDAL;

(d) the defect arises due to the lack of periodic maintenance or replacement of parts due to normal wear and tear;

(e)  the defect arises as a result of fair wear and tear, willful damage, negligence, abnormal working conditions or accidents arising from fire, water, lightning, improper ventilation or any cause beyond the control of LAERDAL; or

(f) the system into which the LAERDAL Product is incorporated has defects; or

(g)  the defect arises as a result of changes made to the LAERDAL Product to ensure it complies with applicable statutory or regulatory requirements or technical or safety standards in force in any country other than country for which the Product was originally designed and manufactured.

4. LAERDAL’s warranty does not include the repair or replacement of batteries, electrodes, soft pack, clothing, fuses, staining, discoloration or other cosmetic irregularity which does not impede or degrade LAERDAL Product performance.

5.  Except as provided in this Clause 5, LAERDAL shall have no liability to the Customer in respect of the LAERDAL Product(s)’ failure to comply with the warranty set out in Clause 1.

6.  These terms shall apply to any repaired or replacement LAERDAL Product(s) supplied by LAERDAL.

7. LAERDAL’s warranty does not affect the Customer’s statutory rights under applicable national laws in force nor the Customer’s rights against a distributor or reseller of the LAERDAL Product arising from their agreement with the same.

8. As a condition of LAERDAL’s warranty, Customer must provide the original invoice or sales receipt indicating the date of shipment, the LAERDAL Product type and the name of any third party distributor or reseller. The warranty will not apply to any LAERDAL Product(s) where the type or serial number of such LAERDAL Product has been altered, deleted, removed or made illegible.

9. Customer shall ensure that storage or transport conditions for the LAERDAL Product(s) comply with any conditions set by LAERDAL.