Limited Warranty
IPA Products and Software are warranted in accordance with the applicable limited warranty set out below (“Warranty”). The Warranty is effective only upon payment in full for the item(s) to be warranted, extends only to Buyer, and may not be transferred to third parties by operation of law or otherwise. The Warranty may be altered or terminated by IPA in whole or in part for future sales at any time, without prior notice. No employee, agent, dealer, reseller, or other person is authorized to modify, vary, or extend the Warranty or to assume for IPA any other liability in connection with its Products.
Products: IPA warrants all parts contained in the scrubEx, alEx, scrubBank, and/or scrubXchange units manufactured by IPA to be free from defects in material and workmanship under normal use and service. Products not manufactured by IPA but part of the IPA units are not subject to this limited warranty.
Software: IPA warrants that the proprietary software programs will operate substantially in accordance with Seller’s published functional specifications at the time of sale, in each case under normal use, provided that the software is hosted on the third-party servers managed by IPA. IPA does not warrant that the operation of the Software will be uninterrupted or error-free. This limited warranty is extended solely to the original purchaser of and no successors, assigns or transfers.
Warranty Period: This limited warranty extends for one year from the installation date (“Go Live”).
Limited Remedy: Any breach of the foregoing warranties must be reported prior to the expiration of the applicable warranty period, and Buyer’s exclusive remedy and IPA’s entire liability for breach of the foregoing warranties will be repair or replacement, at IPA’s option, of the non-conforming Product or part.
Exclusions: This limited warranty is void if the Product has been subjected to alteration (including firmware or software additions or modifications), neglect, misuse or abuse; if any repairs have been attempted by anyone other than IPA or its authorized agent, or if the failure is caused by accident, act of God, electrical power surges, or other causes external to the Products, or other causes beyond the control of IPA. Neglect, misuse, and abuse include, without limitation, any installation, movement, operation or maintenance of the product other than in accordance with IPA manuals. This limited warranty is void if the equipment is installed outside of the United States of America or Canada. Expendable items or consumables such as, but not limited to, bar code labels are not covered by this warranty.
Certain Legal Limitations: The foregoing warranties give Buyers specific legal rights which may vary based on local law. When, under applicable law, implied warranties are not allowed to be excluded in their entirety, such warranties will be limited to the duration of the applicable written warranty.
TO THE FULL EXTENT ALLOWED BY LAW, THIS LIMITED WARRANTY TAKES THE PLACE OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT, OR AT LAW, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALL WARRANTY SERVICE MUST BE PERFORMED BY IPA OR ITS AUTHORIZED AGENT. NO AGENT, DEALER, DISTRIBUTOR, SERVICE COMPANY OR OTHER PARTY IS AUTHORIZED TO CHANGE, MODIFY OR EXTEND THE TERMS OF THIS LIMITED WARRANTY IN ANY MANNER WHATSOEVER WITHOUT THE EXPRESS WRITTEN CONSENT OF IPA.
DISCLAIMERS: IPA AND ITS AUTHORIZED AGENTS SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, COST OR OTHER DAMAGE, WHETHER INCIDENTAL OR CONSEQUENTIAL, ARISING OUT OF ANY DEFECT COVERED BY THIS LIMITED WARRANTY, INCLUDING, WITHOUT LIMITATION, LOSS OF USE OF THE PRODUCT AND COST OF REMOVAL OF DEFECTIVE PRODUCT, EVEN IF IPA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE LIABILITY OF IPA UNDER THIS LIMITED WARRANTY, IF ANY, SHALL NOT EXCEED THE ORIGINAL AMOUNT PAID FOR THE DEFECTIVE PRODUCT. COVERAGE UNDER THIS LIMITED WARRANTY SHALL COMMENCE AS OF THE ORIGINAL DATE OF INSTALLATION AND THE DURATION OF SUCH COVERAGE SHALL NOT EXTEND FOR ANY REASON WHATSOEVER BEYOND THE STATED TIME PERIODS. THESE DISCLAIMERS SHALL BE EQUALLY APPLICABLE TO ANY SERVICE PROVIDED BY IPA OR ITS AUTHORIZED AGENTS.