REPAIRS/REPLACEMENT. If required, the keel will either be repaired or replaced at the Company’s option. The repaired or replacement keel will continue to be covered under this Limited Warranty for the remaining duration of the warranty period that commenced on the date of purchase. Unless otherwise specified at the time of replacement, replacement parts, not otherwise covered by this Limited Warranty, will have a 90 day limited warranty, commencing on the Company’s shipment date, subject to the same limitations as are set forth in this Limited Warranty. This Limited Warranty does not apply to ordinary wear and tear. No warranty or other liability is provided or accepted by the Company including those otherwise arising for prosthetic services such as fitting, adjusting or maintaining the keel, or for any other acts of omission or commission by the Recognized Prosthetist or other Prosthetist.
DAMAGES/LIABILITIES. No person, employee, contractor, agent, distributor, dealer or company is authorized to change, modify, or extend the terms of this Limited Warranty in any manner whatsoever. The Company is not liable for indirect, incidental, or consequential damages in connection with the use of the Foot. These damages include, without limitation, loss, damage, or expense attributable to loss of use of the keel, loss or damage to property other than the keel, loss of expected income, loss from business disruption, or other commercial or personal loss due to any cause, even if the Company has been advised of the possibility of such damages, in connection with the keel, or any use of the keel (except for liability for consequential damages to the extent that by law such may not be disclaimed).
FORCE MAJEURE. This Limited Warranty will not apply if a failure(s) of the keel is attributable to (a) neglect, (b) accident (c) misuse, (d) use for applications beyond design specifications, (e) use for purposes other than those expressed or intended by current product literature, (f) abuse, (g) modification or alteration to any component of the keel other than in accordance with the Company’s written instructions, (h) exposure of the Foot to fire, corrosive materials such as salt water and PH extremes, or to other conditions beyond the environmental and operating constraints specified by the Company, (i) improper installation of the keel, (j) failure to follow the most current Gait Matching Guidelines that may result in inappropriate component selection (k) failure to satisfy the pre-conditions or other requirements contained herein, (l) failure to strictly comply with the Company’s instructions including its Technical Instructions, (m) anatomical, physiological and/or volumetric changes in the patient such as changes in the patient’s weight or in the size or shape of the patient’s limb, (n) use by anyone other than the original user; (o) failure to follow recommended inspection and maintenance schedules or (p) Exoskeletal finish involving drilling of platform for anti-rotation (q) any other applicable reason.
DISCLAIMER: With the exception of the foregoing express limited warranty, to the extent permitted by law, the company disclaims all warranties, express and implied, including, without limitation, state law implied warranties of merchantability and fitness for a particular purpose. There are no express or implied warranties, guarantees, agreements or similar obligations of the company, which extend beyond the description on the face of this limited warranty. The invalidity or unenforceability of any provision of this limited warranty shall not affect the validity or enforceability of the remaining provisions hereof.
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