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Warranty
Subject to the exceptions and conditions stated below, AMP warrants to the original Buyer that the products sold under this sales order be free from defects in workmanship and materials, and if any such product should prove to be defective, AMP agrees, at its option, (i) to correct by repair or, at AMPS's election, by replacement with equivalent product any such defective product, provided that investigation and factory inspection discloses that such defect developed under normal and proper use or (ii) to refund the purchase price. The exceptions and conditions and conditions mentioned above are as follows:
(a) components or accessories manufactured by AMP which by their nature are disposable and are not intended to and will not function beyond a single use, are warranted only to give reasonable service; what constitutes reasonable shall be determined solely by AMP. A complete list of such components and accessories is maintained at the factory and is available upon written request.
(b) AMP makes no warranty with respect to components or accessories not manufactured by it. In the event of defect in any such component or accessory, AMP will give reasonable assistance to the Buyer in obtaining from the respective manufacturer whatever adjustment is authorized by the manufacturer's own warranty.
(c) any AMP product claimed to be defective must, if required by Amp, be promptly returned to the factory.
(d) AMP may from time to time provide a special or extended printed warranty with respect to a certain product, and where applicable, such warranty shall be deemed incorporated herein by reference.
(e) AMP shall be released from all obligations under all warranties, either express or implied, if any product covered hereby is repaired or modified by persons other than its own authorized service personnel unless such repair by others is made with the written consent of AMP.
IT IS EXPRESSLY AGREED THAT THE ABOVE WARRANTY SHALL BE IN LIEU OF ALL WARRANTIES OF FITNESS AND OF THE WARRANTY OF MERCHANTABILITY AND THAT ASPEN MEDICAL PRODUCTS SHALL HAVE NO LIABILITY FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR FROM ANY CAUSE WHATSOEVER ARISING OUT OF THE MANUFACTURE, USE, INABILITY TO USE, SAFE HANDLING, REPAIR, MAINTENANCE OR REPLACEMENT OF ANY OF THE PRODUCTS SOLD UNDER THIS SALES ORDER.
Representations and warranties made by any person, including dealers and representatives of AMP, which are inconsistent or in conflict with the terms of the warranty shall not be binding upon AMP unless reduced to writing and approved by an expressly authorized officer of AMP.
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