Bledsoe Brace Systems Product Line Limited Warranty
ARTICLE I
LIMITED WARRANTY COVERAGE
Subject to the terms and conditions below, Medical Technology, Inc. d/b/a Bledsoe Brace Systems
("Bledsoe") hereby provides the following limited warranty. Bledsoe warrants to the Original Purchaser
(defined in Article III below) that any of the following products purchased by the Original Purchaser: the
Walking Boot, the Functional Brace and the Thruster OA Brace (each a "Product"), shall be free in all
material respects from defects in material and workmanship during the warranty duration time period
applicable to such Product as listed in Article II. Bledsoe agrees, as the Original Purchaser's sole remedy
with respect to the Product, to repair or replace, at Bledsoe's sole discretion, any Product that is in breach
of this warranty during the applicable warranty duration time periods after purchase by the Original
Purchaser, subject to the terms and conditions below.
ARTICLE II
DURATION PERIODS OF LIMITED WARRANTY COVERAGE
All of the following duration periods of limited warranty coverage commence on the date the Original
Purchaser purchases the applicable Product.
Post Operative Brace
90 days – soft goods
180 days – mechanical functionality/components
Walking Boots
90 days – soft goods
180 days – mechanical functionality/components
Functional Braces (OTS and Custom, Axiom Custom and Ultimate Dynamic Custom excluded)
90 days – soft goods
1 year – mechanical functionality/components
1 year – hinge functionality/components
5 years – against shell breakage*
Axiom and Axiom-D Custom Braces
90 days – soft goods
1 year – mechanical functionality/components
1 year – hinge functionality/components
Lifetime – against shell breakage*
Osteoarthritic Braces (OTS and Custom)
90 days – soft goods
1 year – mechanical functionality/components
3 years – hinge functionality/components
Spinal Orthosis Braces (Volare™)
90 days – material and workmanship
Lifetime – pulley system
* Shell breakage is defined as a complete fracture, of the shell, a significant ("visible") crack in the shell or a
separation of a single shell component into multiple pieces, rendering the Product unfit for wear by the original
patient. In the event that the Product is bent, or the shape is significantly altered from the original shape due to
impact, patient activity or outside forces, it is considered to have fulfilled the commitment of this Product to provide
protection to the patient and is not covered under this warranty.
ARTICLE III
TERMS AND CONDITIONS OF THE PRODUCT LINE LIMITED WARRANTY
Each Bledsoe Product is intended for the individual patient (the "Original Purchaser") that purchases the
applicable Product from Bledsoe or authorized reseller of Bledsoe products within the limits of the
specifications listed on the Product literature included with the Product. As a result, Bledsoe does not
warrant and shall not be liable for any Product (a) that is used by anyone other than the Original
Purchaser, (b) that is subjected to abuse, neglect, misuse, or accident, (c) that is modified from the
original configuration of that Product, or (d) that is repaired or altered by anyone other than Bledsoe or by
a person authorized by Bledsoe.
ARTICLE IV
MAKING A WARRANTY CLAIM
In the event the Original Purchaser wishes to have a Product repaired/replaced pursuant to the Product
Line Limited Warranty, the Original Purchaser should contact the Bledsoe Customer Care Department
("Customer Care") at (800) 527-3666 within five (5) days of discovery of the problem related to the
warranty issue. Customer Care will issue a Return Authorization ("RA") number to return the Product to
Bledsoe at Bledsoe's expense. If upon evaluation by our Quality Assurance team and/or management
and determination that the Product is covered by the Product Line Limited Warranty, the Product shall be
repaired or replaced at the sole discretion of Bledsoe.
ARTICLE V
DISCLAIMER OF WARRANTIES
5.1 TO THE EXTENT ALLOWED BY APPLICABLE LAW, BLEDSOE'S LIABILITY FOR ANY AND
ALL LOSSES AND DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING
BLEDSOE'S NEGLIGENCE OR DEFECTIVE GOODS, IRRESPECTIVE OF WHETHER SUCH
DEFECTS ARE DISCOVERABLE OR LATENT, SHALL BE LIMITED TO REPAIR OR REPLACEMENT,
AT THE SOLE DISCRETION OF BLEDSOE. IN NO EVENT, INCLUDING IN THE CASE OF A CLAIM
OF NEGLIGENCE, SHALL BLEDSOE BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES.
Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above
limitation or exclusion may not apply to you.
5.2 TO THE EXTENT ALLOWED BY APPLICABLE LAW, THIS PRODUCT LINE LIMITED
WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE APPLICABLE PRODUCT. BLEDSOE
DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, AND SPECIFICALLY
SHALL NOT BE LIABLE FOR ANY AND ALL INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES. THIS PRODUCT LINE LIMITED WARRANTY IS NOT TRANSFERABLE TO ANY
PERSON OTHER THAN THE ORIGINAL PURCHASER OF THE APPLICABLE PRODUCT. TO THE
EXTENT THE FOREGOING DISCLAIMERS ARE NOT ALLOWED BY APPLICABLE LAW, ANY
IMPLIED WARRANTIES SHALL EXPIRE UPON THE EXPIRATION OF THE EXPRESS WARRANTIES
SET FORTH ABOVE AND RECOURSE SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF THE
APPLICABLE PRODUCT.
Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may
not apply to you.
ARTICLE VI
GOVERNING LAW
The rights and obligations of the parties hereto shall be construed, enforced and governed in accordance
with the laws of the State of Texas. The parties hereby submit themselves to the exclusive jurisdiction of
the state courts of Dallas County, Texas and the Federal District Court for the Northern District of Texas,
Dallas Division. The parties waive all questions of personal jurisdiction and inconvenient forum for the
purpose of carrying out this Product Line Limited Warranty. The parties hereby agree that service of
process may be made upon any of them in any proceeding relating to or arising out of this Product Line
Limited Warranty by any means allowed by Texas or Federal law. The parties further agree that venue
for any proceeding relating to or arising out of this Product Line Limited Warranty shall be Dallas County,
Texas.
ARTICLE VII
SEVERABILITY
If any provision of this Product Line Limited Warranty is held to be illegal, invalid, or unenforceable under
present or future laws, such provision shall be fully severable. This Product Line Limited Warranty shall
be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a
part hereof, and the remaining provisions of this Product Line Limited Warranty shall remain in full force
and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance
from this Product Line Limited Warranty.
This warranty grants specific legal rights. Customers may also have other rights that vary from state to
state.
|