KM MEDICAL ACCESSOIRES LLC DBA KM Medical Veterinary
KM Medical Accessories LLC. (“KM Medical”) warrants that the enclosed OEM products (individually a “Product” and collectively the “Products”) will conform to manufacture-published specifications and will be free from defects in materials and workmanship under normal use and service for a period of one (1) year from the date of invoice. If any Product proves to be non-conforming or defective within such warranty periods, the customer must return such Product to KM Medical. KM Medical, at its sole discretion, will repair or replace the non-conforming or defective Product, provided that KM Medical investigation inspection disclose that (a) such non-conformity or defect developed under normal and proper use and (b) the Product is covered under this limited warranty. Repair or replacement of non-conforming or defective Products shall be KM Medical’s sole obligation and the customer’s exclusive remedy hereunder. The customer is liable and shall pay for shipment of the Products to and from the authorized KM Medical service facility. KM Medical shall not be obligated to perform preventive maintenance, installation, deinstallation, relocation, or maintenance. KM Medical reserves the right to (i) use reconditioned, refurbished, and/or serviceable used parts (that meet OEM’s quality assurance standards) for warranty or any other repairs and (ii) make any internal or external design and/or feature changes on or to its products without any liability to incorporate such changes on or to the Products. The use of reconditioned, refurbished, or serviceable used parts may include, without limitation, replacing or exchanging major components of the Products such as a control unit or light guide tube.
Excluded from this limited warranty and not warranted by KM Medical in any fashion, either express, implied, or by statute, are:
(a) products and accessories not Sold by KM Medical and/or not bearing a Serial Number and/or other non-approved products used with products sold by KM Medical;
(b) any Product which has been disassembled, repaired, tampered with, altered, changed, or modified by persons other than KM Medical’s own service personnel unless repair by others is made with the written consent of KM Medical;
(c) defects or damage to the Products resulting from wear, tear, misuse, abuse, negligence, impact, improper storage, equipment slammed in the cabinet, door way, or similar structures, flooding of the scope or equipment through failure to adhere to leak test procedures or misused, puncturing the scopes internal tubing with biopsy forceps, cleaning brush or other items, nonperformance of scheduled operator and maintenance items, or use of non-approved repair, or non-approved reprocessing methods;
(d) supplies and consumables (including but not limited to lamps and cables);
(e) Products which do not contain a recorded serial number; and/or
(f) other instances of accidental damage not listed above, in which the warranty will not cover parts or labor charges, KM medical reserves the right to make this determination after inspection.
(g) 110v NTSC equipment is for USA customers. If ordered for any other country outside of the USA on voltage other than 110v, your purchase is made at your own risk. No warranty due to possible risk of damage operating on other voltages
(h) Endoscope or light source/processor damaged by environmental conditions (such as corrosion or staining);
EXCEPT FOR THE LIMITED WARRANTY SET FORTH ABOVE, KM MEDICAL MAKES NO AND DISCLAIMS ALL OTHER REPRESENTATIONS, GUARANTIES, CONDITIONS, AND WARRANTIES CONCERNING THE PRODUCTS, WHETHER DIRECT OR INDIRECT, EXPRESS OR IMPLIED, OR ARISING UNDER ANY STATUTE, ORDINANCE, COMMERCIAL USAGE OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OR REPRESENTATION AS TO SUITABILITY, DURABILITY, DESIGN, OPERATION, OR CONDITION OF THE PRODUCTS (OR ANY PART THEREOF), OR THE MERCHANTABILITY OF THE PRODUCTS OR THEIR FITNESS FOR A PARTICULAR PURPOSE, OR RELATING TO THE INFRINGEMENT OF ANY PATENT, COPYRIGHT, OR OTHER PROPRIETARY RIGHT USED OR INCLUDED THEREIN. IF ANY IMPLIED WARRANTIES APPLY AS A MATTER OF LAW, THEY ARE LIMITED IN DURATION TO THE LENGTH OF THIS LIMITED WARRANTY. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND DISCLAIMERS OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE LIMITATIONS AND/OR EXCLUSIONS, SET FORTH IN THE WITHIN TERMS AND CONDITIONS (MORE SPECIFICALLY IN THE “LIMITED WARRANTY POLICY” AND “LIMITATION OF LIABILITY” SECTIONS HEREOF), MAY NOT APPLY. IN THAT EVENT, KM Medical’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW IN THE SUBJECT JURISDICTION.
IN COMPLIANCE WITH OSHA BLOOD BORNE PATHOGEN REGULATIONS AND OTHER APPLICABLE FEDERAL, STATE, AND LOCAL REGULATIONS, PRODUCTS THAT COME INTO CONTACT WITH POTENTIALLY INFECTIOUS MATERIAL MUST BE DECONTAMINATED BEFORE BEING RETURNED TO KM MEDICAL UNDER THIS LIMITED WARRANTY.
Representations and warranties made by any person, including but not limited to representatives, salespersons, or agents of KM Medical, which are inconsistent or in conflict with or in addition to the terms of this limited warranty, shall not be binding upon KM Medical unless reduced to writing and approved by an expressly authorized officer of KM Medical. This limited warranty is the complete and exclusive statement of warranty which KM Medical agrees to provide with respect to the Products and it shall supersede all prior and contemporaneous oral or written agreements, understandings, proposals, and communications pertaining to the subject matter hereof. This limited warranty is exclusively for the benefit of the original customer and cannot be transferred or assigned.
At KM Medical Veterinary, our goal is to provide you with a level of customer support that matches the unsurpassed quality of our products and services. Your questions are important to us. We will make every effort to respond to your inquiry in a timely manner.