LIMITED SERVICE WARRANTY TO ORIGINAL PURCHASER

This limited service warranty applies solely to equipment serviced or repaired by Van der Stahl Scientific, Inc. (VDS), and does not include transportation, installation, or removal or reinstallation.

Subject to the limitations herein, VDS warrants that the service or repair work, for one (1) year from date of service, will be free from defects in new materials and workmanship. This limited service warranty excludes: (a) damage which occurs in shipment; (b) applications and uses for which machine was not intended; (c) failures or problems which are caused by products or equipment not supplied by VDS; (d) accidents, misuse, abuse, neglect, misapplication, fire, water, lightning or other acts of nature; (e) incorrect electrical line voltage, fluctuations or surges; (f) damage caused by improper or faulty installation, or any act, error, neglect or default of Customer; (g) improper connection with any peripheral; (h) machine alteration or modification; (i) improper or unauthorized repair; (j) cosmetic damage to exterior finish; (k) machines with altered serial numbers; (l) failure to follow operating instructions as covered in the manual, including maintenance and calibration guidelines; (m) normal wear to parts such as heating elements, glass cloth, silicone rubber, temperature sensors, shock absorbers; (n) customer adjustments, maintenance and environmental instructions which are covered and prescribed in the product manual.

If such VDS product fails to conform to the warranty above, the exclusive remedy of Customer and the sole liability of VDS shall be, at the option of VDS, to replace or repair the affected product, or to refund to Customer the price of the affected products. The availability of replacement products is subject to product discontinuance policies at VDS. Customer may not return products without first obtaining a customer service return authorization (SRA) number from VDS. If VDS elects to repair the affected product, all warranty work performed on our products will be handled by a VDS Service Technician at the VDS service center in southern California and the amount of time it may take on a service will depended on technician availability due to service load. VDS will repair or replace the machine with new or reconditioned parts.

THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, REMEDIES AND CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED. VDS DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTY THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IF VDS CANNOT LAWFULLY DISCLAIM IMPLIED WARRANTIES UNDER THIS LIMITED PRODUCT WARRANTY, ALL SUCH IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE WARRANTY PERIOD (AS DEFINED ABOVE). YOUR SOLE REMEDY WITH RESPECT TO ANY BREACH OF THE LIMITED PRODUCT WARRANTY SHALL BE THE REPAIR OR REPLACEMENT OF THE DEVICE AS SPECIFIED IN THE LIMITED PRODUCT WARRANTY. VDS IS NOT RESPONSIBLE FOR DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY OR UNDER ANY OTHER LEGAL THEORY INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, DOWNTIME, GOODWILL, DAMAGE TO OR REPLACEMENT OF EQUIPMENT AND PROPERTY, AND ANY COSTS OF RECOVERING, REPROGRAMMING, OR REPRODUCING ANY PROGRAM OR DATA STORED IN OR USED WITH A SYSTEM. THIS LIMITED WARRANTY SHALL NOT EXTEND TO ANYONE OTHER THAN THE ORIGINAL PURCHASER OF THIS PRODUCT, IS NONTRANSFERABLE AND STATES YOUR EXCLUSIVE REMEDY.

Some states do not allow the exclusion or limitation of incidental or consequential damages or exclusions or limitations on the duration of implied warranties or conditions, so the above limitations or exclusions may not apply to you. This limited warranty gives you specific legal rights, and you may also have other legal rights, which vary from state to state. VDS makes no claims that our medical device packaging equipment meets the requirements of all medical device manufacturers’ validations. Medical device packaging validation varies greatly depending on the risk policy of the medical device manufacturer as well as the class of medical device. It’s important that our customers understand all of our packaging machine functionality in terms of accuracy of the sealer, machine alarms as well as other negative machine attribute that might affect your medical device packaging validation. It is the customer’s responsibility to maintain the equipment in order for the machine to develop expected performance.

Due to the wide range of packaging materials and throughput it is impossible to develop a generic recommended preventative maintenance plan. It is the customer’s responsibility to develop a preventative maintenance plan based on machine settings and throughput. It is the customer’s responsibility to calibrate the machinery, our firm does not send out reminders or notifications regarding calibration or maintenance. VDS does not perform validations for our customers as is beyond the scope of our function as machine provider. The process of medical device packaging validation is complicated and should be performed by quality or manufacturing engineers that understand the installation qualification process before purchasing packaging equipment.