For a period of one year following Customer’s receipt of purchased Products, NxStage warrants that (a) such Products shall be free from any material defects in material and workmanship when delivered, and (b) such Products are fit for the indications described in their User’s Guides and package inserts when used in accordance with the instructions for use provided in such User’s Guides and package inserts (collectively, the “Warranties”). Unless such Products are used in accordance with such instructions and indications, the Warranties are void and of no force or effect. The Warranties shall extend only to the original purchaser and are not assignable or transferable.
THE WARRANTIES CONTAIN CUSTOMER’S SOLE WARRANTIES AND NXSTAGE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
NxSTAGE’S SOLE OBLIGATION AND CUSTOMER’S SOLE REMEDY FOR BREACH OF ANY WARRANTY PROVIDED HEREUNDER SHALL BE LIMITED TO PRODUCT REPAIR OR REPLACEMENT, AT NXSTAGE’S OPTION AND EXPENSE. ALL WARRANTIES SHALL BE VOIDED IF (i) the Product has been repaired or serviced by persons other than NxStage personnel or its authorized representatives, (ii) the replacement or repair is required due to the misuse or abuse of the Product, as determined by NxStage, (iii) the System One S is used with non-NxStage cartridge sets, (iv) the replacement or repair is required for reasons other than defects in materials and workmanship or, in the case of equipment, normal wear and tear, as determined by NxStage, or (v) the Product is not used in accordance with its instructions for use, as determined by NxStage.
IN NO EVENT SHALL NXSTAGE BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR OTHER INDIRECT DAMAGES ARISING OUT OF THIS AGREEMENT OR THE PERFORMANCE OF SERVICES AND/OR SUPPLY OF PRODUCTS HEREUNDER.
Obtaining Warranty Service
To obtain Warranty service, Customer must contact NxStage Customer Service at 1-866-NxSTAGE (697-8243) and select Option 1 for Technical Support. Prior authorization from NxStage must be obtained before any Product is returned for service.
System One S(s), PureFlow SL and other equipment supplied hereunder requiring service must be cleaned according to the directions on the labeling. If Products are not cleaned, as instructed, NxStage shall charge Customer a $150 cleaning fee.
NxStage will arrange for the shipment of all Products to be returned for service. NxStage will not be responsible for servicing Products that have not been shipped according to this procedure. With respect to disposable Products covered by the Warranties, NxStage shall use commercially reasonable efforts to ship replacement Product within 24 hours of giving authorization for service. With respect to System One S(s) and other equipment covered by the Warranties, if NxStage determines that a NxStage technician may be able to repair the damage or defect during an onsite service call, then NxStage shall use commercially reasonable efforts to repair or replace serviced Product within 24 hours of giving authorization for service. Repaired or replacement System One S(s) and other equipment shall be in good working order. If NxStage is unable to repair System One S(s) or other equipment covered by the Warranties, the replacement equipment may or may not be new.
Customer shall provide NxStage reasonable access to purchased System One S(s), PureFlow SL and other equipment to conduct any necessary service or maintenance during any Warranty period. In connection with such service or maintenance, NxStage may elect to install reasonable Product upgrades, at no cost to Customer. NxStage does not, however, guarantee that any upgrades will be installed on Products shipped to Customer.