SYNERGY / ULTIMATE / ULTRA / SCULPT/ QUANTUM /CLASSIC
1.1 DETAILS OF COVER
Micromode Medical Limited t/a CACI International having its principal office at 514 Centennial Avenue, Centennial Park, Elstree, Hertfordshire WD6 3FG (hereinafter called the Company) hereby agrees that in the event of Failure of the Equipment supplied to the Customer (hereinafter called the Customer) will repair or replace the Equipment and Attachments under Manufacturer’s Warranty subject to the Terms & Conditions hereinafter, which conditions are to be read and taken as part of this Agreement.
1.2 EXTENT OF COVER
The Manufacturer’s Warranty is applicable to UK Mainland only and covers the cost of materials, parts and labour to remedy any Failure of the Equipment and Attachments caused by fair wear and tear through normal operation. In instances where no fault is found or where Failure is not covered under the terms of this Manufacturer’s Warranty, the Customer will be liable for an Administration charge of £50 plus VAT and the cost of any parts, labour and carriage charges necessary to remedy the Failure.
1.3 COVER PERIOD
The Manufacturer’s Warranty cover period is 12 months commencing from the date of the Equipment Sales Invoice.
1.4 RETURN TO BASE EQUIPMENT REPAIRS
In the event the Company determines it is necessary for the Equipment to be returned to its Repair Service Centre, it will arrange at its cost (UK Mainland only) for its appointed carriers to collect the Equipment from the Customer. If a Failure is identified, the Company will remedy the Failure, and at its cost arrange for the Equipment to be returned back to the Customer. The Company will supply the Customer with a Returns Authorisation Form (RAF) and, if required, the Company will provide suitable packaging for the Equipment being returned. The RAF must be enclosed with the Equipment being returned. The Customer is responsible for ensuring the Equipment is adequately and securely packaged for transit. This Manufacturer’s Warranty will not cover any damage caused to the Equipment during transit as a result of Inadequate Packaging by the Customer. Where Loan Cover has been purchased, the Customer will be supplied with a temporary loan machine to use (subject to the Terms & Conditions set out) whilst the Equipment is with the Company.
1.5 RETURN TO BASE ATTACHMENT REPAIRS / ATTACHMENT REPLACEMENTS
In the event the Company determines that it is necessary for an Attachment to be returned, it will supply the Customer with a Returns Authorisation Form (RAF), which must be enclosed with the Attachment being returned. To report a faulty item the Customer must contact the Company’s customer service team who will supply the Customer with a RAF and organise collection at the Company’s cost. The Company will then inspect the item and carry out replacement or repair within warranty terms. Please note the Customer will be liable for a carriage charge where a returned item is not deemed faulty.
Where the Customer returns an Attachment using their own carrier, The Company will not be held liable for any cost, damage or loss arising thereof. The Customer is advised to use a secure method of carriage which provides a means of tracking the package/delivery. Insurance should also be considered in order to cover any eventuality of loss or damage If the received Attachment has been subject to Failure, the Company will at its option either repair or replace the Attachment and at its cost will return the Attachment to the Customer. If no Failure is determined, the cost of returning the Attachment shall be borne by the Customer.
1.6 REPLACEMENT ATTACHMENTS
In the event that a replacement Attachment has been supplied by the Company, but the reported faulty item is not found to be faulty, the Customer can either:
TERMS & CONDITIONS
Wherever these words and phrases appear in the Warranty Agreement, they will always have the following meanings:
A) You, Your - The Customer under the Agreement.
B) We, Our, Us - Micromode Medical Ltd or any company to whom our rights under the Agreement are assigned.
C) Agreement - This Manufacturer’s Warranty including these Terms and Conditions.
D) Equipment - The Equipment meaning specific Machine Type and Serial Number as described on our Sales Invoice, but limited to the following models: Synergy, Ultimate, Ultra, Sculpt, Quantum, Classic.
E) Approved Engineer - A qualified engineer approved by the Company to repair Equipment and Attachments.
F) Failure - Actual or apparent breakdown or faulty workings of the Equipment or Attachments arising from a mechanical, electrical or software breakdown, faulty materials or manufacturing defect.
G) The Company - Micromode Medical Ltd t/a CACI International of 514 Centennial Avenue, Centennial Park, Elstree, Hertfordshire WD6 3FG or any Company to whom our rights under this Agreement are assigned.
H) The Customer - The individual or company to whom the Equipment has been supplied as per the Sales Invoice.
I) Cover Period - 12 months commencing from the date of the Equipment Sales Invoice.
J) Inadequate Packaging - Where the Customer has failed to use the packaging supplied by the Company. Where the packaging is not securely sealed with appropriate tape. Where the internal protection material supplied by the Company to prevent damage from impact during transit is not correctly used by the Customer. Where the Customer’s own packaging is not of sufficient durability to adequately protect the Equipment from damage during transit.
K) Equipment Manuals - The System and Training manuals detailing the correct operation and treatment procedures for the Equipment and Attachments as available on the Company website.
L) Attachment - Any item(s) supplied with the Equipment (excluding Consumables) that Plugs into or attaches to the Equipment, including but not limited to Probes, Handsets, Leads, Roller Bars.
M) Consumables - Any items that are consumed and/or disposed of as part of the Equipment’s treatment process or maintenance procedures, including but not limited to all skin care products, masks, conductivity boosters, self-adhesive pads, disposable abrasion tips.
N) Working Days - Monday, Tuesday, Wednesday, Thursday, Friday (excluding public holidays and the period between December 27th and 31st) 9:00 am to 5:30 pm.
O) Next Day Courier Service A delivery arranged to take place on the next working day (UK mainland only) as defined by the delivery terms and conditions of the elected courier company. A next day service may not be available for areas designated by the elected courier company as remote areas and in any event cannot be guaranteed.
This Agreement shall be governed by English law. This Agreement is not transferable.
If the Customer has purchased Loan Cover (only available at the time of Equipment or Extended Warranty purchase), then:
Where the Company has been unable to remedy an Equipment Failure and has determined it necessary for the Equipment to be returned to its Repair Service Centre, the Customer will be supplied with a temporary loan machine to use whilst the Equipment
is with the Company. The temporary loan machine will be despatched to the Customer via a Next Day Courier Service on the working day following the Equipment Failure being reported.
The temporary loan machine shall at all times remain the property of the Company. The Customer shall be responsible for the temporary loan machine whilst it is in their possession and shall have adequate insurance in place to cover the machine against loss or damage for a value of no less than the Company’s current standard sales price. The temporary loan machine must be made available for collection by the Company or its appointed agents or representatives on demand. For each calendar day the temporary loan machine is not made available for collection, the Customer will be liable to pay the Company a daily rate of £50 + VAT. If the Customer does not make the temporary loan machine available for collection for a period exceeding 14 calendar days, the Customer shall be liable for the full monetary value of the machine at is current standard sales price and will no longer have the option to return the temporary loan machine. If the temporary loan machine is not returned in complete and proper working order in the same condition as it was supplied, then the Customer will be liable for the costs of making good.
A) This Manufacturer’s Warranty does not apply to Failure caused by wilful act, neglect or misuse of the Equipment or Attachments or by not following routine cleaning and maintenance procedures or any other extraneous cause.
B) Damage to the Equipment and Attachments or breakdown caused by negligence, accident or failure to operate the appliance in accordance with the Equipment Manuals, or by a person that has not been certified by the company or one of its authorized international distributors as competent to use the equipment is not covered by this Manufacturer’s Warranty Agreement.
C) This Manufacturer’s Warranty shall become void if any of the components therein have been damaged or tampered with by the unauthorised opening of the unit and the attempting of repairs, or the use of any components which have not been purchased from the Company directly.
D) All repairs must be carried out by the Company’s own Approved Engineer and all unauthorised repairs shall render this Agreement void.
E) The Company shall not be liable for any injury, loss or damage direct or consequential, anticipated profits, loss of time or earnings, or any other losses arising out of the use or inability to use the Equipment and/or Attachments.
F) The Manufacturer’s Warranty may be suspended should the Customer be in breach of the Company’s Terms of Credit or Trading Terms.
G) The Company will not undertake to repair any Equipment or Attachments returned without a Returns Authorisation Form (RAF).
H) Except in the event of death or personal injury, the company’s financial liability at all times will be limited to a maximum of the Invoice value of Equipment supplied.