Operations Manual

EXI HALO Installation & Operation Manual 981-000003-000R4.0
EXI Wireless Systems 4 October 2001
Limited Warranty
1.
Warranty:
Subject to the limiting conditions set forth below, EXI Wireless Systems Inc. (“EXI”)
hereby warrants that: (a) each product, other than transponders (the “Transponders”), accompanying this
warranty (the “Product”), will be free of defects in materials and workmanship for a period (the
“Product Warranty Period”) of two years after the date of the original sale by EXI of the Product; and
(b) each Transponder accompanying this warranty will be free of defects and workmanship for a period
(the “Transponder Warranty Period”) of, in the case of a WTX-INF/WS Transponder, four years, and in
the case of all other Transponders, three years, after the date of the original sale by EXI of the
Transponder.
2.
Notification:
If the original or any subsequent purchaser (collectively, the “Purchaser”) of the Product
or Transponder, as the case may be, discovers a defect in materials or workmanship of a Product within
the Product Warranty Period, or a Transponder within the applicable Transponder Warranty Period, the
Purchaser must, within 30 days after the date of such discovery, notify EXI of such defect, and at EXI’s
request, return the defective Product or Transponder, as case the may be, to EXI.
3.
Repair or Replacement:
Subject to §4, upon acceptance by EXI of responsibility for the defect, EXI
will, in its sole discretion, (a) in the case of a Product, either replace the Product, or provide the
Purchaser with replacement parts for, or repair, the same; and (b) in the case of a Transponder, replace
the Transponder at a discounted price equal to the product of: (i) the nearest whole number of months
remaining in the applicable Transponder Warranty Period; and (ii) the amount of the then monthly
credit available from EXI for the applicable Transponder. EXI’s warranty in respect of any replacement
Product, part thereof, or Transponder, as the case may be, will be for the unexpired portion of the
original warranty period applicable to the relevant Product or Transponder.
4.
Exclusion:
The warranty referred to in §1 is the sole warranty made by EXI with respect to its Products
and Transponders. EXI makes no other warranty or representation, express or implied, and hereby
disclaims any implied warranty of merchantability or fitness for a particular purpose, statutory or
otherwise, concerning its Products and Transponders. In addition, the warranty will not apply if EXI
has not received a fully completed warranty registration card in respect of the Product or Transponder,
as the case may be, within 30 days after the date of the original purchase from EXI of the same, or the
Product or Transponder, as the case may be, or any part thereof: (a) is damaged by misuse, accident,
negligence, lightning, power surge, brown-out, or leaking, damaged or inoperative batteries, or failure to
maintain the Product or Transponder as specified or required by EXI; (b) is damaged by modifications,
alterations or attachments thereto which are not authorized by EXI; (c) is installed, operated or repaired
contrary to the instructions of EXI; (d) is opened, modified or disassembled in any way without EXI’s
consent; or (d) is used in combination with items, articles or materials not authorized by EXI.
5.
Limitation:
EXI will only be liable to the Purchaser for direct damages suffered by the Purchaser up to
a maximum amount equal to the total amount of the purchase price actually paid by the Purchaser to
EXI for the Product or Transponder, as the case may be. Specifically, EXI will not be liable for: (a) any
special, indirect or consequential damage, including lost profits, lost revenues, failure to realize
expected savings, or other commercial or economic losses of any kind, even if EXI has been advised of
the possibility of such damage; (b) any loss or damage to any property or for any personal injury or
economic loss or damage caused by the connection of the Product or Transponder, as applicable, to
other devices or systems; (c) any damage or injury arising from or as a result of, misuse, abuse or
incorrect installation, integration or operation of the Product or Transponder, as applicable, by persons
not authorized by EXI; or (d) any defect in any batteries added to or used in conjunction with the
Product or Transponder.
6.
Product Limitation:
The Purchaser (a) acknowledges that (i) the Products and the Transponders are
not, nor can they be, guaranteed to prevent wandering patients, infant abductions, theft or any other
event for which they were purchased, (ii) the Products and Transponders are only intended to provide
additional safeguards to assist in the prevention of events such as those described in §(i), and (b)
understands fully the foregoing limitations concerning the Products and Transponders, including EXI’s