Luna Advanced Neonatal Resuscitation Manikin

CAE Healthcare's 1-Year Limited Warranty Services Agreement:

• CAE Healthcare warrants against defective materials or workmanship under normal use and service, and that the Product will substantially comply with the published specifications set forth in CAE Healthcare’s user documentation for the Products. At the sole discretion of CAE Healthcare, the exclusive remedy of the Customer shall be repair of defective product or replacement of defective product with current version (or configuration) of the identical product. CAE Healthcare makes no warranty as to the Products after the term of this Agreement. CAE Healthcare does not warrant that the Products will meet Customer's requirements or will operate in combinations with other hardware, software or non-supported platforms/operating systems/databases, which may be selected for use by Customer, or that the operation of the Products will be uninterrupted or error-free.
• Customer's sole and exclusive remedy during the term of this Agreement shall be, at CAE Healthcare's election, to either:
• Provide services to correct any defects, which would cause the Products not to comply with the published specifications.
• Replace the defective Products, or part thereof, with Products that comply with the published specifications, including parts that may be refurbished, used, or of like materials
• Terminate the Agreement immediately and refund the price paid by Customer in connection with same relating to the defective Products, less a pro rata amount equal to period during which Services were provided to Customer under this Agreement.
• Any warranted part which is repaired or exchanged shall have a warranty period equivalent to the remainder of the Term of the Support and Maintenance Program or 180 days, whichever is greater. In the event that such part is provided for an Out-Of-Warranty Services, the part shall be warranted for 180 days.
• The above remedies are available only:
  • If CAE Healthcare is notified in writing, during the term of this Agreement upon discovery of the defects by Customer.
  • Customer follows CAE Healthcare’s instructions for the return of the defective Products.
  • If the Products have not been:
    • Altered, or modified by any party other than CAE Healthcare or a third party provider approved by CAE Healthcare.
    • Subjected to negligence, or computer or electrical malfunction.
    • Used, adjusted, or installed other than in accordance with instructions furnished by CAE Healthcare. Should Customer hire a third party independent contractor not contracted by CAE Healthcare to perform services for Customer using the Products, or should said contractor modify or in any way alter the Products, CAE Healthcare shall have no liability to Customer for said services, modifications, or alterations. Customer agrees to assume the entire risk of using the Products.
• Notwithstanding anything contained in this Section, Customer acknowledges that there is no warranty for Consumables and expendable material (including chest skins), unless damage has occurred due to a defect in materials or workmanship.
• CAE Healthcare warrants that the Services mentioned in this Agreement will be in accordance with general accepted industry standards.
• EXCEPT SUCH AS IS EXPRESSLY SET FORTH HEREIN, CAE HEALTHCARE MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY OF ANY KIND RESPECTING ANY MAINTENANCE SERVICES PERFORMED HEREUNDER OR ANY MATERIALS FURNISHED HEREUNDER. CUSTOMER ACKNOWLEDGES THAT NO REPRESENTATIONS HAVE BEEN MADE EXCEPT THOSE MADE HEREIN.
• This warranty is void if:
  • The Product has been damaged by accident or unreasonable use, neglect, alteration, faulty or negligent installation, abuse, misuse or other causes not arising out of defects in material workmanship.
  • Damage or defects due to handling by Customer or incurred during shipment.
  • The Product labeling or Company’s name has been altered or defaced
  • The Product has been modified or repaired by Customer, or any third-party not expressly authorized in writing by CAE Healthcare to perform such modifications or repairs. Customer will indemnify and hold harmless CAE Healthcare, its officers, employees, and agents for any costs of injury or loss of training time resulting from unauthorized repair or modification of the Product.

CAE Healthcare's EXPRESS Warranty Services include and cover the following:

• Unlimited technical phone/ email support
• Unlimited clinical phone/ email support
• Shipment on replacement components of the simulator as described below
• Parts and labor
• Software Updates
• Learning Module Software Updates
• One consumable kit provided to the Customer annually at no additional charge

CAE Healthcare's EXPRESS Warranty Services do not include or cover:

• Travel costs associated with any onsite services. If a Customer requests a technician visit, Customer shall be required to pay CAE Healthcare for the visit at the then-current list price.
• Preventative Maintenance Visits.
• Software Upgrades (New Software).
• Any damage resulting from excessive heat or light exposure, or resulting from rips, punctures, blemishes, or tattoos affixed to the product by the Customer.
• Any normal wear and tear due to normal use and aging, included but not limited to fading, scuffing, stains, or rips to the skin and airways of the simulator.
• Any broken limbs or joints resulting from non-standard use of the product.
• Replacements of computers and tablets that are over five (5) years old and are no longer supported/repairable due to obsolescence.
• 3rd party devices (such as Microsoft HoloLens), if purchased, shall only receive the warranty provided by the original manufacturer.
• Consumable Material, which includes but is not limited to skins, lubrication, food coloring, tapes, defib pads, batteries, plugs and commonly misplaced parts such as genitalia.
• Any additional exclusions set forth in the Support and Maintenance Agreement.

Customer's Responsibilities

In order for CAE Healthcare to provide these Warranty Services, Customer will:

• Maintain network connectivity when required for the product.
• Designate a point of contact at Customer's premises.
• Carry out the procedures indicated by CAE Healthcare in answer to queries made by Customer within a reasonable time after such procedures have been communicated to Customer.
• Ensure easy access and availability to the Products by CAE Healthcare personnel when required.
• Return any defective hardware components, per the instructions of CAE Healthcare.

Delivery of Support

General:

At CAE Healthcare's discretion, CAE Healthcare shall repair or replace a defective hardware component with a current configuration of an identical or equivalent hardware component. Replacement hardware components may be refurbished.

Procedure:

Customer should contact Anatomy Warehouse via telephone or online for technical assistance and repairs. We will inform CAE on your behalf and put you in touch with their Customer Service Team. You may be asked to provide photographic confirmation of the broken part or functionality.

If CAE Healthcare determines that the defective hardware component requires repair and replacement, CAE Healthcare will provide procedures to the Customer to assist in the component replacement process, which shall require the following:

• CAE Healthcare will provide a return label along with the replacement component for the defective component. You must inform CAE of when the defective component is shipped for return.
• Please reuse the packaging in which the replacement component is sent to you for the return of the defective component.
• You must return the defective component within seven (7) days, or otherwise will be charged for the defective component.
• CAE Healthcare is responsible for all costs for shipment of the replacement component to and from your location.
• CAE Healthcare will retain the original defective parts.
• In the event you want to receive back the repaired, previously defective component rather than a replacement component, you must wait for the defective component to be repaired, and a replacement component will not be provided.
• CAE Healthcare does not provide on-site repair work for products covered under an Express level of service.