Conditions of Warranty for HeartSave Family PAD/AS/AED/AED-M*
1 DECLARATION OF WARRANTY
Metrax GmbH provides an independent warranty that the supplied defibrillator including accessories is essentially free from defects in materials and workmanship. It is hereby irrelevant whether the accessories (for example batteries and electrodes) were purchased together with the defibrillator or separately.
2 CONDITION OF WARRANTY
This warranty only applies for the person who purchased the defibrillator including accessories from a dealer authorised by Metrax GmbH or at Metrax GmbH directly. This independent and limited warranty is neither assignable nor transferable.
3 VALIDITY OF WARRANTY
The independent guarantee comes into effect from the delivery date 01.01.2018 and applies to all guarantee declarations issued by Metrax GmbH.
4 STATUTORY GUARANTEE CLAIMS
Statutory guarantee claims remain unaffected by this declaration of warranty.
5 WARRANTY PERIOD
This warranty applies for the HeartSave product line PAD, AED, AS, AED-M for a period of 6 years from the date of purchase. For electrodes that are intended for one-off use, there is a limited warranty until they are used up or until the expiry date - whichever occurs first. For all other accessories, statutory provisions apply.
6 WARRANTY LIMITATIONS / WARRANTY EXCLUSIONS
The warranty does not cover damage of any kind resulting from, among other causes: accidents, improper storage, improper operation, modifications, unauthorised repair work, improper maintenance, manipulation, misuse, negligence, fire, water damage, war or force majeure. In addition, damage of any kind caused to the defibrillator or the associated accessories as a result of the use of the defibrillator with unoriginal accessories or the use of accessories with unapproved medical devices, is excluded from this warranty. No warranty is provided for the compatibility of the defibrillator or its associated accessories with other medical devices.
The warranty shall only remain in force if the defibrillator and all accessories are properly serviced and repaired and proper training is provided by Metrax GmbH itself or by a company or individuals authorised by Metrax GmbH.
The warranty will not be valid if the defibrillator is used with one or more accessories that is not recognised or authorised by the company Metrax GmbH or if an authorised accessory is used with an unauthorised defibrillator, or the defibrillator and all accessories are used in a manner that is not in keeping with the instructions approved by Metrax GmbH.
No individual (including an agent, dealer or representative of Metrax GmbH) is authorised to issue an assurance or warranty in relation to the defibrillator or the associated accessories, with the exception of a reference to the limited warranty. The exclusive legal remedy in relation to any loss or damage for any reason is stated below. Metrax GmbH can under no circumstance be held liable for special, indirect or resulting damage of any kind, including - but not limited to - liability damages, punitive damages, financial losses whatever the cause, downtime of any kind, profit losses or personal injury, even if Metrax has been informed of the possibility of such damage, as the result of negligence or any other cause. This applies unless applicable national law prevents such an exclusion or limitation.
7 EXCLUSIVE LEGAL REMEDY
At its own discretion, Metrax GmbH will repair or replace the product or will refund a proportion of the purchase price. In the event of a replacement, Metrax reserves the right to replace the product with a new, refurbished, identical or similar product, at its own discretion. The decision with regard to a similar product is at the sole discretion of Metrax. In the event of a replacement, the replacement product shall at least reflect the proportionate remaining term for the product, based on the remaining warranty period. In the event of a refund, the refund shall correspond to the proportionate value of the product based on the original price of the same or a similar product, depending on which value is lower and the remaining guarantee period. Under no circumstance shall the guarantee period of a replacement product exceed the guarantee period of the original product.
8 WARRANTY INTERVENTIONS
In order to claim under this warranty, contact the dealer from whom the product was purchased or the Metrax GmbH customer service. The product must – at the expense of the original end user – be sent to a location specified by the dealer or by Metrax.
*valid for devices from the date of delivery to the user or dealer (copy of invoice required). For all other products, the statutory warranty applies.