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LuxarCare Warranties, Terms and Conditions

LUXARCARE WARRANTY PROVISIONS

Luxarcare's Warranty for Repair or Upgrade Services.

Luxarcare provides a 30 day warranty (from date of delivery) that the goods that it repairs (including work done under warranty or Service Contract) for a Customer will satisfy the original manufacturer's original product performance specifications. Luxarcare provides a 1 Year warranty (from date of delivery) that the goods that it upgrades for a Customer will satisfy the original manufacturer's original product performance specifications.

Warranty for Products or Accessories Manufactured by Others.

Luxarcare makes no warranty as to any equipment, parts or accessories sold to a Customer which have been manufactured by others. For products not manufactured by Luxarcare, it extends to the Customer only the warranties, if any, provided by the manufacturer which are capable of being passed on to the Customer.

Disclaimer of Other Warranties.

LUXARCARE MAKES NO OTHER WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES AS TO WORKMANSHIP, SUITABILITY OF MATERIALS, MERCHANTABILITY, OR THAT THE MATERIALS PROVIDED ARE FIT FOR, OR MAKE THE PRODUCT SUITABLE FOR A PARTICULAR PURPOSE.

Warranty Claims and Returns.

All claims for alleged defects in goods shall be deemed waived unless made in writing and delivered to Luxarcare within 15 days after receipt of goods by the Customer. Luxarcare's liability, if any, shall be limited to the stated selling price of any defective goods. Goods shall not be returned to Luxarcare without Luxarcare's prior written permission. Returns are not acceptable after 15 days following their receipt by the Customer. Already used goods cannot be returned. Once approved for the return of the goods, a credit may be issued to customer's account upon the evaluation of the returned goods.

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LUXARCARE TERMS AND CONDITIONS OF SALES

Payment Terms.

Luxarcare typically requires payment for goods or services in advance. An Invoice is sent to the Customer upon completion of work and preparation for delivery, and the Invoice will reflect any prepaid deposits. The entire Invoice balance, if any, is due and payable immediately upon receipt. Credit arrangements must be made in writing prior to commencement of work. All credit card payments are subject to 3% financial fee charge. Any balances not paid within 30 days will bear interest at the rate of 12% per annum. Customer goods ready for delivery not paid within 10 days will be subject to $25 per day storage fees. Customer shall pay all reasonable costs, fees (including attorney's fees), and expenses incurred by Luxarcare in collecting monies due or to become due hereunder, whether or not a lawsuit or collection proceeding is commenced. In the event Customer fails to fulfill the terms of payment or in case Luxarcare shall have any doubt at any time as to Customer's financial responsibility, Luxarcare may decline to render further services and to make further deliveries except upon receipt of cash or satisfactory security.

Delivery of Goods.

Luxarcare typically requires payment for goods or services in advance. An Invoice is sent to the Customer upon completion of work and preparation for delivery, and the Invoice will reflect any prepaid deposits. The entire Invoice balance, if any, is due and payable immediately upon receipt. Credit arrangements must be made in writing prior to commencement of work. All credit card payments are subject to 3% financial fee charge. Any balances not paid within 30 days will bear interest at the rate of 12% per annum. Customer goods ready for delivery not paid within 10 days will be subject to $25 per day storage fees. Customer shall pay all reasonable costs, fees (including attorney's fees), and expenses incurred by Luxarcare in collecting monies due or to become due hereunder, whether or not a lawsuit or collection proceeding is commenced. In the event Customer fails to fulfill the terms of payment or in case Luxarcare shall have any doubt at any time as to Customer's financial responsibility, Luxarcare may decline to render further services and to make further deliveries except upon receipt of cash or satisfactory security.

Time for Delivery.

Scheduled delivery of goods or services is based upon estimated processing periods which begin with receipt of goods for repair and/or all information required by Luxarcare. Luxarcare shall be excused if performance is delayed or rendered impossible by delays in transportation, inability to obtain labor or materials and also by any cause beyond the reasonable control of the Luxarcare. The time for Luxarcare's performance shall be extended by the period of such delay. If Customer cancels an order for goods or services before delivery, Customer shall pay a 15% cancellation charge and other expenses incurred by Luxarcare.

Risk of Loss.

The acceptance of shipments of goods by first carrier shall constitute a delivery to the Customer, and the risk of loss transfers to the Customer at that point. Luxarcare's liability as to the condition of goods ceases upon making delivery of repaired goods or products purchased to a carrier in good condition; the carrier is deemed to be the Customer's agent. This means that the Customer is responsible for any losses or damages to goods during transit, to or from Luxarcare's place of business, other than damages caused by Luxarcare while it maintains actual custody of Customer's goods. In any event, Luxarcare will remain liable for any loss or damage to the shipment due to Luxarcare's failure to properly package the shipment. Although many carriers (such as FedEx or UPS) offer some damage protection coverage, and Luxarcare typically purchases some coverage based upon declared values, such coverage amounts may be inadequate, and in any event, the Customer is ultimately responsible for obtaining and paying for any personal property insurance to cover risk of loss if desired. Also, should a damage claim arise, Luxarcare may assist with claims processing, but the Customer is ultimately responsible for making and collecting on claims.

Taxes.

In addition to the prices specified, the Customer shall pay any taxes or other charges (including Customs fees) levied on the sale, delivery, storage, repair, consumption or transportation of goods sold. Customer shall reimburse Luxarcare for all taxes, excise or other charges which Luxarcare may be required to pay to any government (national, state or local) upon the sale, production or transportation of the goods, products or services sold.

Limitations on Luxarcare's Liability.

Luxarcare warrants its products and services to be as specified, and it shall be liable (i) only for the actual cost of further repair time or replacement of goods which do not conform to specifications, or (ii) at Luxarcare's sole option, to refund the amount paid by Customer. Customer's remedies set forth herein are exclusive, and under no circumstances shall Luxarcare be liable for any consequential (including lost profits), incidental, indirect, special or punitive damages, bodily injury or property damage arising out of this Agreement or as a result of any defect or failure of any item or workmanship or treatment for any reason, whether or not such loss or damage is based on breach of contract, warranty, negligence, indemnity, strict liability or otherwise. Any action based upon a Customer's potential claim must be commenced within one year after the cause of action arises or it shall thereafter be barred.

Use of Medical Devices.

The sale of certain medical devices is regulated by the U.S. Food and Drug Administration (FDA) and/or state and local regulatory agencies. Certain medical devices can only be used by appropriately licensed individuals. If you have questions about legal obligations regarding sales or uses of medical devices, you should consult with the FDA's Center for Devices and Radiological Health.

General Terms.

By confirming your order (in writing, verbally or by payment), you are signifying that you have read and understood these terms and conditions. Luxarcare may revised its terms and conditions from time to time, so please review these terms each time you make a purchase. No modifications of this Statement of Terms and Conditions shall be binding unless in writing and signed by Luxarcare's authorized agent. If any of the provisions of Customer's purchase order or other writings are in conflict with Luxarcare's stated terms and conditions, the terms of this statement of Luxarcare's contract provisions shall govern.

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LIGHTSCALPEL LLC Manufacturer's limited warranty

LightScalpel warranty for C02 laser tips.

LightScalpel warrants that all laser tips upon receipt will be free of defects in material or workmanship, fit for the intended use of delivery of C02 laser energy at the specified maximum laser power settings, and will properly interface with defined standard handpieces as supplied by Aesculight, Luxar, or Lumenis.
If, within 30 days of purchase, any tip from a 5 pack fails to perform as above, you may return all unused tips in the original package for a full package refund. The non-performing tip must be included and labeled as such.

LightScalpel warranty for sterilizable and re-usable laser accessories including handpieces, excluding laser tips

LightScalpel warrants that for 12 months after purchase these accessories will continue to meet manufacturer's specifications. This warranty is valid for normal use when following proper care and maintenance instructions as provided by LightScalpel with the product and/or the instructions provided by the laser manufacturer.

LightScalpel warranty for flexible waveguides.

LightScalpel warrants that for 12 months after purchase waveguides will continue to meet manufacturer's specifications. This warranty is valid for products under normal use when following proper care, storage, and maintenance as required in LightScalpel instructions provided with the waveguide. This warranty specifically excludes damage due to mishandling, excessive bending, or improper storage. Reduced output power due to kinks and/or end damage is specifically excluded.

Disclaimer of Other Warranties.

LIGHTSCALPEL makes no other warranties or representations of any kind whatsoever whether written or oral, express or implied, including without limitation warranties as to workmanship, suitability of materials, merchantability, or that the materials provided are fit for, or make the product suitable for a particular purpose.

Warranty Claims and Returns.

All claims for alleged defects in goods as supplied shall be deemed waived unless made in writing and delivered to an authorized LIGHTSCALPEL distributor within 15 days after receipt of goods by the customer. Previously used goods being returned to the distributor under warranty shall be returned clean and free of bio-contaminationhazards. All warranty claims are subject to inspection and verification by LIGHTSCALPEL.
Goods shall not be returned to an authorized distributor without that distributor's prior written permission. LIGHTSCALPEL's liability, if any, shall be limited to product replacement or at LIGHTSCALPEL's sole option, the stated selling price of any defective product. Under no circumstances shall LIGHTSCALPEL be liable for any consequential (including lost profits), incidental, indirect, special or punitive damages, bodily injury or property damage arising out of this warranty or as a result of any defect or failure of any item or workmanship or treatment for any reason, whether or not such loss or damage is based on breach of contract, warranty, negligence, indemnity, strict liability, or otherwise. Any action based upon a customer's potential claim must be commenced within one year after the cause of action arises or it shall thereafter be barred.
This limited warranty valid until superseded for all products sold after the effective date.
Effective: September 1, 2010

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