STATEMENT OF LIMITED PRODUCT WARRANTY – ZipThaw202®
What this warranty Covers and Who it Applies to
This warranty provided by FreMon Scientific, Inc. (“FreMon Scientific”), in this Statement of Product Warranty applies only to the ZipThaw202 and ZipSleeves (the “Products”) sold to you, the first end user which purchased the Products, provided that the Products were purchased:
For use as a thawing device intended for use in hospitals, trauma centers, blood banks, and laboratories for the thawing of fresh frozen plasma and plasma frozen within 2 hours after phlebotomy, and for any other use permitted by the applicable regulatory authority, such as use permitted by the applicable FDA 510k clearance, or for use research use only with validated protocols.
New (not a display, “as is”, or previously returned model) and not for resale.
Within a country or other jurisdiction where purchase of the Products is approved or cleared for sale by the applicable regulatory authority.
The warranty stated herein applies only to the first end user that purchased the Products and is not transferable.
If provided, please make sure you return your Products registration card, while not necessary to effectuate warranty coverage, it helps ensure that FreMon Scientific has your preferred contact information in order to notify you in the unlikely event of a safety notice or product recall.
Warranty and How Long the Warranty Lasts
FreMon Scientific warrants that the ZipThaw202, not including accessories, is free from defects in materials and workmanship for a period of three years from the date of purchase by the first end user. FreMon Scientific warrants that the ZipSleeve is free from defects in materials and workmanship for a period of 90 days from the date of purchase by the first end user. Each applicable warranty period begins to run upon the date of purchase, and shall not be stalled, tolled, extended, or suspended, for any reason whatsoever.
Repair/Replace as Your Exclusive Remedy
During the applicable warranty period, FreMon Scientific or one of its authorized service providers will repair your ZipThaw202 without charge to you (subject to certain limitations stated herein) if your ZipThaw202 proves to have been manufactured with a defect in materials or workmanship; provided that you (a) promptly notify FreMon Scientific or its designated representative in writing, or by phone, upon the discovery of any defect, which notice shall include the ZipThaw202 model and serial number and details of the warranty claim; and (b) after FreMon Scientific’s review, FreMon Scientific or its designated representative will provide you with return instructions, which may include a Return Material Authorization (RMA) number, then, if applicable, you may return the defective ZipThaw202 to FreMon Scientific or its designated authorized service provider with all costs prepaid by you. Any loss or damage during shipment is at the risk of the sender. If reasonable attempts to repair your ZipThaw202 have been made without success, then FreMon Scientific will replace your ZipThaw202. If your ZipThaw202 cannot be repaired, it will be replaced at no charge. All removed parts and components shall become the property of FreMon Scientific at its sole option.
In addition, during the applicable warranty period, FreMon Scientific or one of its authorized distributors will provide you a credit to you for the purchase price of any ZipSleeve (subject to certain limitations stated herein) if your ZipSleeve proves to have been manufactured with a defect in materials or workmanship; provided that you (a) promptly notify FreMon Scientific or its designated representative in writing, or by phone, upon the discovery of any defect, which notice shall include the ZipSleeve lot number and details of the warranty claim; and (b) after FreMon Scientific’s review, FreMon Scientific or its designated representative will provide you with return instructions, which may include a Return Material Authorization (RMA) number, then, if requested, you return the defective ZipSleeve to FreMon Scientific or its designated representative with all costs prepaid by you. Any loss or damage during shipment is at the risk of the sender.
All replaced and/or repaired Products shall assume the identity of the original Product for purposes of this warranty and this warranty shall not be extended with respect to such Product. FreMon’s sole liability and responsibility hereunder is to repair or replace, at FreMon’s option, manufacturer-defective Product only, with such repairs conducted by FreMon Scientific or a FreMon Scientific authorized service provider during normal business hours. For safety and property damage concerns, FreMon Scientific highly recommends that you do not attempt to repair any Product yourself, or use an unauthorized service provider; FreMon Scientific will have no responsibility or liability for repairs or work performed by a non-authorized service provider. If you choose to have someone other than an authorized service provider work on your Product, THIS WARRANTY WILL AUTOMATICALLY BECOME NULL AND VOID. Authorized service providers are those persons or companies that have been specially trained on FreMon Scientific products, and who possess, in FreMon Scientific’s opinion, a superior reputation for customer service and technical ability (note that they are independent entities and are not agents, partners, affiliates or representatives of FreMon Scientific), and are designated by FreMon Scientific as an authorized service provider. Notwithstanding the foregoing, FreMon Scientific will not incur any liability, or have responsibility, for the Product if it is located in a remote area (more than 100 miles from an authorized service provider) or is reasonably inaccessible, hazardous, threatening, or in a treacherous locale, surroundings, or environment; in any such event, if you request, FreMon Scientific would still pay for labor and parts and ship the parts to the nearest authorized service provider, but you would still be fully liable and responsible for any travel time or other special charges by the service provider, assuming they agree to make the service call, if the Product cannot be otherwise returned or shipped to an authorized service provider.
Out of Warranty Product
FreMon Scientific is under no obligation, at law or otherwise, to provide you with any concessions, including repairs, prorates, or Product replacement, once this warranty has expired or is declared null and void.
The warranty coverage described herein excludes normal wear and tear and maintenance items as well as all defects or damage that are not the direct fault of FreMon Scientific, including without limitation, one or more of the following:
Use of any of the Products in anything other than its normal, customary and intended manner (including without limitation, any form of use any of the Products in conjunction with accessories not approved by the Company for use with such Product).
Any party’s willful misconduct, negligence, misuse, abuse, accidents, neglect, improper operations, failure to maintain, improper or negligent installation, tampering, failure to follow operating instructions, mishandling, unauthorized service (including self-performed “fixing” or exploration of a Product’s internal workings).
Adjustment, alteration or modification of any kind.
Ordinary wear and tear, spills of food, liquid, grease accumulations, or other substances that accumulate on, in or around any of the Products.
Any external, elemental and/or environmental forces and factors, including without limitation, rain, wind, humidity, lightning, power surges, structural failures surrounding the appliance, and acts of God. In no event shall FreMon Scientific have any liability or responsibility whatsoever for damage to surrounding property, including cabinetry, work surfaces, floors, ceilings, and other structures or objects around the Product. Also excluded from this warranty are Products on which the serial numbers have been altered defaced, or removed; service visits to teach you how to use the Products, or visits where there is nothing wrong with the Products; correction of installation problems (you are solely responsible for any structure and setting for the Products, including all electrical, plumbing or other connecting facilities, for proper foundation/flooring, and for any alterations including without limitation cabinetry, work surfaces, walls, floors, shelving, etc.); and resetting of breakers or fuses.
TO THE EXTENT ALLOWED BY LAW, THIS LIMITED WARRANTY SETS OUT YOUR EXCLUSIVE REMEDIES WITH RESPECT TO THE PRODUCTS, WHETHER THE CLAIM ARISES IN CONTRACT OR TORT (INCLUDING STRICT LIABILITY, OR NEGLIGENCE) OR OTHERWISE. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY WARRANTY IMPLIED BY LAW WHICH CANNOT BE LEGALLY DISCLAIMED, IF ANY, SHALL BE EFFECTIVE ONLY FOR THE PERIOD THAT THIS EXPRESS LIMITED WARRANTY IS EFFECTIVE. FREMON SCIENTIFIC WILL BE LIABLE, IN ANY EVENT, ONLY FOR THE PURCHASE PRICE OF THE PRODUCT, AND IN NO EVENT WILL FREMON SCIENTIFIC BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, “BUSINESS LOSS”, AND/OR PUNITIVE DAMAGES WHICH ARE CAUSED BY FREMON SCIENTIFIC, OR OTHERWISE. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR COUNTRY TO COUNTRY.
No attempt to alter, modify or amend this warranty shall be effective unless authorized in writing by an officer FreMon Scientific, Inc.
FreMon Scientific, Inc., Warranty May, 2020, Version 1