WARRANTY COVERAGE (USA Only)
“Resurgent” refers to Resurgent Health & Medical, LLC d/b/a Meritech, the manufacturer of the accompanying product, consumables and accessories sold new by Resurgent or an approved distributor of Resurgent (collectively, the “Product”). The “Original Purchaser” refers to the original use purchaser of the Product. Resurgent’s warranty obligations are limited to the terms set forth in this Limited Warranty. If you purchased a product from someone other than Resurgent or an approved distributor of Resurgent, or if the product was used (including but not limited to floor models or refurbished product) prior to your purchase, you are not the Original Purchaser and the product that you purchased is not covered by this Limited Warranty.
Resurgent warrants to the Original Purchaser that the Product shall be free from defects in materials and workmanship for a period beginning on the date that Resurgent ships the Product to the Original purchaser and ending on the date that is five (5) years thereafter (the “Warranty Period”) for parts only. This Limited Warranty does not apply to the following: (a) any third-party products or any third-party operating systems installed in connection with the Product; (b) any component part from which the serial number has been removed or altered; (c) damage or non-functionality that results from (i) failure to follow the instructions that came with the Product, (ii) usage that is not in accordance with the Product instructions, including without limitation, use of solutions not supplied by Resurgent, (iii) any act of God, vandalism, fire, lightning, smoke, pollution, particulate matter, wind, snow, icing, power surge, electrical power or water abuse, (iv) problems caused by using accessories, parts, or components not supplied by Resurgent, (v) failure to perform preventive or proper maintenance, and (vi) servicing not authorized by Resurgent; (d) cylinder assemblies, brushes and other wear items; and (e) any Product for which Resurgent has not received payment from the Original Purchaser.
If a defect exists to the Product, the Original Purchaser’s sole remedy is to make a warranty claim within the Warranty Period, and Resurgent’s sole liability shall be to, at Resurgent’s election: (a) repair the Component Parts at no charge, using new and refurbished parts; or (b) replace the Product with a product that is new or which has been manufactured from new and serviceable used parts and is at least functionally equivalent to the original Product. A replacement part/product assumes the remaining Warranty Period of the original Product or thirty (30) days from the date of replacement or repair, whichever provides longer coverage to the Original Purchaser. When a product or part is exchanged, any replacement item becomes the Original Purchaser’s property and the replaced item becomes Resurgent’s property. Any suspected defect shall be subject to inspection and confirmation by Resurgent.
To the extent assignable, Resurgent assigns to the Original Purchaser all transferable warranties (and remedies extended thereunder) that have been extended to Resurgent by the manufacturers of any of the component parts and, after expiration of the Warranty Period, the Original Purchaser agrees to look solely to such manufacturers with regard to any warranty claims and remedies relating to the Product.
RESURGENT’S RESPONSIBILITY FOR DEFECTS IN THE PRODUCT IS LIMITED TO REPAIR OR REPLACEMENT, AT RESURGENT’S ELECTION, AS SET FORTH IN THIS LIMITED WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN THIS LIMITED WARRANTY AND SUBJECT TO THE FOREGOING, RESURGENT DOES NOT MAKE OR EXTEND, AND THE ORIGINAL PURCHASER ACKNOWLEDGES THAT RESURGENT HAS NOT MADE OR EXTENDED, AND RESURGENT HEREBY DISCLAIMS FOR ALL PURPOSES, ANY AND ALL OTHER REMEDIES, REPRESENTATIONS, WARRANTIES OR COVENANTS, EXPRESS OR IMPLIED WITH RESPECT TO THE PRODUCT, INCLUDING WITHOUT LIMITATION, ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, PERFORMANCE, CONDITION, DESIGN, APPLICATION, NON-INFRINGEMENT, USE AND/OR DURABILITY. IF RESURGENT CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED WARRANTY, ALL SUCH WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN SCOPE TO THE EXTENT POSSIBLE AND IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY. No statement, affirmation or other representation, whether by words or action, of Resurgent, its agents, employees or representatives that are not explicitly provided in this Limited Warranty shall constitute a warranty.
LIMITATION OF LIABILITY
Notwithstanding anything herein or otherwise to the contrary, express or implied, Resurgent’s liability for any claim or action of any kind arising out of, in connection with or resulting from the manufacture, sale, delivery, resale, use or repair of the Product shall not exceed the total cost of the Product. Resurgent shall not be liable for errors, costs, or expenses which may be incurred in its performance of its obligations hereunder which results from Resurgent’s reliance upon information furnished by the Original Purchaser. RESURGENT SHALL NOT BE LIABLE TO ORIGINAL PURCHASER UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS LIMITED WARRANTY OR THE PRODUCT, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, OR FOR ANY DAMAGES OR SUMS PAID BY THE ORIGINAL PURCHASER TO THIRD PARTIES EVEN IF RESURGENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIM IS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply.
WARRANTY SERVICE AND OTHER TERMS
Resurgent reserves the right to make changes or improvements to Resurgent’s products, consumables or accessories from time to time without incurring the obligation to install or implement such improvements or changes on products, consumables or accessories previously manufactured.
Resurgent shall be under no obligation to sell replacement parts for, or provide maintenance or other services on, any products, consumables or accessories with respect to which this Limited Warranty does not apply, has expired or has otherwise been voided.
This Limited Warranty gives the Original Purchaser specific legal rights and you may also have other rights which may vary from state to state.
To obtain warranty service under this Limited Warranty during the Warranty Period, please contact our service department at 1-800-932-7707 or firstname.lastname@example.org, or visit our website at www.Meritech.com.