Common use of Device Warranty Clause in Contracts

Device Warranty. HealtheTech warrants to and for the benefit of Distributor only that all Products, as delivered pursuant to Section 6.2, will be free from defects in materials and workmanship in the course of normal use in compliance with the instructions in the User Documentation, for a period of fifteen (15) months after delivery to Distributor or subdistributors or twelve (12) months after commercial sale to an end-user customer, whichever is shorter, for BodyGem devices, and for Single Use Breathing Inserts (disposables) the warranty period shall be ninety (90) days after commercial sale to an end-user customer, unless local law in the Territory dictates a longer period by law, in which the warranty period shall be in accordance with that law but will not exceed twenty four (24) months after commercial sale to an end-user customer (the "Device Warranty Period"). HealtheTech will, at its own expense and as its sole obligation and Distributor's exclusive remedy for any breach of this warranty reported to HealtheTech by Distributor in writing during the Device Warranty Period, at its option, repair, replace or otherwise correct any Product that does not conform to the warranty set forth in this Section 10.1, provided that Distributor, at HealtheTech's request and Distributor's expense, returns the nonconforming Product to HealtheTech's plant; and such nonconformity is not the result of any use of the Products other than in strict accordance with HealtheTech's instructions and user manual.