Agnes Medical USA warrants to the person or entity executing the Sales Agreement to which this limited warranty is attached (the “Customer”) that the AGNES System shall be free from material defects and shall function in accordance with the written technical specifications and standards set forth in the System User Manual for a period of twenty-four (24) months from the shipment date of the purchased AGNES System (the “Warranty Period”). The “AGNES System” means the products and/or components specified on the face of the Sales Agreement, which may include any one of the Main Unit, Hand Pieces, Foot Switch, and Cables. If during the Warranty Period the AGNES System is defective or does not function in accordance with product specifications, Agnes Medical will, at its sole option, and as Agnes Medical’s sole liability and the Customer’s exclusive remedy, repair the system at no cost to the Customer, including parts, labor, and shipping charges for return to Agnes Medical.

The AGNES System consumables are not covered by warranty; however, if upon investigation and validation the product is determined defective and does not function in accordance with product specifications, then, at Agnes Medical’s sole option, either a credit will be issued, or the products will be replaced at no cost.

The foregoing limited warranty is subject to the following: (i) the AGNES System must be operated at all times in accordance with the specifications set forth in the System User Manual and in accordance with the restrictions on use, resale, and rental set forth in the Terms and Conditions of Purchase and Use, (ii) Customer must implement all system software updates or upgrades provided to Customer during the Warranty Period, and (iii) the Customer must notify Agnes Medical of any defect or non-functionality covered by the foregoing limited warranty promptly upon the occurrence of the event. Any delay of notification of product-specific issues in excess of seven (7) days will void the warranty.

Further, this limited warranty does not cover damage to the AGNES System or other liabilities that result from (i) misuse, negligence, abuse, or accidents, (ii) any repairs, modifications, alterations, or installation made by any person or entity not duly authorized by Agnes Medical in writing to perform such activities, or (iii) any failures to comply with applicable laws, rules, or regulations. The AGNES System is made up of integrated pieces of sensitive, calibrated, electronic, plastic, and metal parts and can be easily damaged if not handled carefully. Dropping the HandPiece, knocking it against a hard surface, or otherwise causing it to come in contact with a foreign object or surface can cause irreparable damage, are all examples of events that are not covered by this limited warranty. The preceding statement is solely for illustration and is not meant as an exhaustive list of events that would not be covered under this limited warranty because of misuse, negligence, abuse, or accident.

If a covered warranty event cannot be resolved remotely through phone or electronic troubleshooting, Agnes Medical will provide a loaner AGNES System to the Customer if necessary to ensure continued operation at the Customer site. Upon repair of the original AGNES System, Agnes Medical will redeliver the original AGNES System and arrange a pickup service of the loaner. Agnes Medical also reserves the right to replace the original system with a new or factory-certified replacement if repairing the original system is not of prudence.

During the Warranty Period and upon registration of their device, Agnes Medical will provide to Customers any software/system updates or upgrades that enhance system functionality or allow access to new procedures.

Service Quotations
Agnes Medical will provide written quotations for all proposed services to the AGNES System not covered under this limited warranty. Such quotations are provided by Agnes Medical’s Customer Service Department. All quotations are valid for thirty (30) days from the date issued unless otherwise specified on the quotation. Agnes Medical may require a non-refundable prepayment to cover costs associated with performing pre-quotation diagnoses. Any System repairs performed by third parties not authorized by Agnes Medical will void all warranties.

Return Material Authorization
No AGNES System products returned for any service or limited warranty will be accepted by Agnes Medical unless a Return Material Authorization (RMA) number has been issued by Agnes Medical’s Customer Service department at sales@iagnes.com.

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE FOREGOING LIMITED WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. AGNES MEDICAL DOES NOT WARRANT THAT THE OPERATION OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE. CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, AND AGNES MEDICAL’S SOLE AND EXCLUSIVE LIABILITY WITH RESPECT TO THE AGNES SYSTEM (WHETHER FOR ANY NON-CONFORMITY, DEFECT OR OTHERWISE) WILL BE THOSE EXPRESSLY SET FORTH HEREIN. IN THE EVENT OF A VIOLATION BY THE CUSTOMER OF THE TERMS RELATING TO USE, RESALE OR RENTAL OF THE AGNES SYSTEM SET FORTH IN THE TERMS OF CONDITIONS OF PURCHASE AND USE AND THE SALES AGREEMENT, WITHOUT LIMITING THE CUSTOMER’S OTHER REMEDIES, THIS LIMITED WARRANTY SHALL BE VOIDED.

AGNES MEDICAL MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, BY STATUTE OR OTHERWISE, REGARDING THE PRODUCTS OR ANY PART THEREOF, AND AGNES MEDICAL SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING ANY IMPLIED WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, SATISFACTORY QUALITY, AND THOSE ARISING OUT OF COURSE OF DEALINGS OR USAGE IN TRADE. AGNES MEDICAL NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME ANY OTHER LIABILITIES ARISING OUT OF OR IN CONNECTION WITH THE MARKETING, SALE, OR USE OF ANY PRODUCT. NOTWITHSTANDING THE FOREGOING, AGNES MEDICAL DOES NOT EXCLUDE LIABILITY TO THE EXTENT THAT SUCH LIABILITY MAY NOT BE EXCLUDED OR LIMITED BY LAW.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL AGNES MEDICAL’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SALES AGREEMENT, ANY QUOTATION, ORDER, INVOICE OR PACKING SLIP FOR THE PRODUCTS,  THE SALE OF THE PRODUCTS, AGNES MEDICAL’S PERFORMANCE OR FAILURE TO PERFORM HEREUNDER, OR THE PERFORMANCE OR FAILURE TO PERFORM OF ANY PRODUCT, IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE PURCHASE PRICE OF THE AGNES SYSTEM. IN NO EVENT WILL AGNES MEDICAL BE LIABLE FOR PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, TORT, OR ANALOGOUS DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, LOSS OF PROFITS, LOSS OF BUSINESS OR LOSS OF GOODWILL, EVEN IF AGNES MEDICAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS PARAGRAPH SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN NO EVENT WILL AGNES MEDICAL BE LIABLE FOR ANY DAMAGES CAUSED BY CUSTOMER’S FAILURE TO PERFORM ITS RESPONSIBILITIES, FOR ANY DAMAGE TO ANY PERSON OR PROPERTY OR FOR ANY CLAIM AGAINST CUSTOMER BY ANY OTHER PARTY.

IF ANY PORTION OF THIS LIMITED WARRANTY IS FOUND TO BE VOID OR UNENFORCEABLE, ITS REMAINING PROVISIONS SHALL REMAIN IN FULL FORCE AND EFFECT.