Warranty

Warranty

Fillauer items under warranty will be replaced or repaired (at Fillauer’s discretion) at no charge, if the material or workmanship is found to be defective. Normal wear is not warranted. The warranty will be void if the item has been: fabricated or installed outside Fillauer’s recommendations; modified; exposed to a corrosive environment; used in extremely abusive activities.

Orthotic and Prosthetic Components, Equipment, and Custom Fabrication Items: Warranted for 12 months from the date of shipment from the Fillauer warehouse or from an authorized Fillauer distributor with the following exceptions:

Suspension Sleeves, Silicone Gloves, Body Restorations and Tiny Titans: Warranted for 90 days from the date of shipment from the Fillauer warehouse or from an authorized Fillauer distributor.

Prosthetic Liners, Dream Skin, Foot Shells, Cosmetic Gloves and Trautman Tools & Accessories: Warranted for 6 months from the date of shipment from the Fillauer warehouse or from a Fillauer authorized distributor.

Hosmer Hooks: Warranted for 18 months from the date of shipment from the Fillauer warehouse or from a Fillauer authorized distributor.

Elbows: Warranted for 18 – 24 months from the date of shipment from the Fillauer authorized distributor. See specific product warranty for more information.

Fillauer Feet: Warranted for 12, 24 or 36 months from the date of patient fitting.

12 months: Obsidian

24 months: AllPro, K2, Motion Foot® MX, Formula™ and Raize

36 months: Aeris Activity, Aeris Performance 2, Aeris Performance LP, Ibex XD, Element, Element DS and Wave Comfort 3.

All warranties are voided by alteration or misuse of the product.

Returns, Adjustments and Credits

Inspect all goods immediately upon receipt for damage or errors in shipping. Call Customer Service within 3 business days in the event of errors or damage. Credit will not be issued for custom items made to specification or non-stock items older than 30days, unless Fillauer shipped in error or there is defect in materials or workmanship.Prior approval and a return authorization number must be obtained from Customer Service for all goods returned. Credit for returned merchandise is subject to inspection and may be subject to a 15% restocking fee for merchandise in resalable condition. Goods returned without prior approval may be subject to a25% restocking fee. No credit shall be issued for goods that are more than 12 months old. Returns must be accompanied by a copy of original invoice, order number, or PO number. The return authorization number, provided by Customer Service, must appear on the shipping label.

Motion Control Limited Warranty

Effective Period

All Motion Control products have a two-year warranty, with the exception of MC ETDs, MC Hands, and MC Electric Wrist Rotators, which have a one-year warranty, and foot shells which have a 6 month warranty, effective on the the date of delivery to the fitting center. Repairs have a 90 day warranty.

Coverage

Seller warrants to Buyer that the equipment delivered hereunder will be free from defects in materials and manufacturing workmanship, that it will be of the kind and quality described, and that it will perform as specified in Seller’s written quotation. The preceding limited warranties shall apply only to failures to meet said warranties that appear within the effective period of this Agreement. The effective period shall be two years from the date of delivery to the fitting center that has purchased the Motion Control product.

The conditions of any tests to determine failures to meet the above limited warranties shall be mutually agreed upon between Buyer and Seller. Seller must be notified of, and may be represented at all tests that may be made. If any equipment fails to meet the foregoing limited warranties, Seller shall correct any such failure at Seller’s option, either by: 1) Repairing any defective or damaged part(s); or, 2) Making available via collect shipment to the Buyer, any necessary repaired or replacement parts or assemblies.

Except as set forth in any applicable patient indemnity, the foregoing limited warranties are exclusive and in lieu of all warranties, whether written, oral, or statutory. No implied warranty, merchantability, or fitness
for purpose shall apply. Seller does not warranty any products of others where the Seller serves solely as a distributor or reseller, specifically, any devices not manufactured directly by Motion Control, Inc.

The limited warranties and remedies set forth herein are conditioned: 1) Upon inspection of the equipment by Motion Control Inc. or its representative before the initiation of the Limited Warranty, and verification that the equipment is in good working order and free of damage; 2) Upon proper use and maintenance of the equipment and conformance with any applicable recommendations of Seller; 3) Upon Buyer promptly notifying Seller in writing within the Limited Warranty period of any defects; 4) Upon the Buyer making the equipment available for correction, by prepaid shipment to the Seller at Seller’s option; and, 5) Upon receipt of the fees quoted at the time of the Agreement for the Limited Warranty. In no event shall Seller be liable for special or consequential damages. Determination of the damages or defects to be covered under the Limited Warranty shall be made by Motion Control personnel.

Exclusions

This agreement does not include:

  1. Prosthetic services for fitting and maintaining the prosthesis made and used with the equipment.
  2. Damage caused by neglect, misuse or improper operation by anyone other than the Seller.
  3. Damage due to accident, fire, water, vandalism, unsuitable environmental conditions or replacement
    parts not approved or recommended by Motion Control.
  4. Damage or defects occurring prior to the beginning of the Agreement, except as covered under a
    previous warranty agreement.
  5. Modifications to the equipment which occur during the period of the Agreement except by mutual
    consent of the parties in writing, including payment of additional charges as specified by the Seller.

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