X-ray Tube Limited Warranty
Luxbright warrants the X-ray tubes it manufactures to be free from defects in material and workmanship that impair their performance and to be in substantial compliance with operational features of Luxbright’s published specifications at the time of sale. Warranty period is twelve (12) months from the date of installation or as specified on Luxbright’s quotation or agreed to in writing by Luxbright. Different standard or agreed warranty periods may apply.
If Luxbright examination confirms that an X-ray Tube has failed during the Warranty Period through no fault of Buyer, the Buyer’s sole and exclusive remedy shall be according to the following:
- If a failure occurs during a Warranty Period, Luxbright will, at Luxbright’s option and at no cost to Buyer, either repair or replace the X-ray Tube upon return of the failed X-ray Tube to Luxbright. The warranty period remaining on the X-ray Tube, at the time the tube is taken out of service, shall apply to the repaired tube or the replacement tube that is returned to the Buyer by Luxbright.
X-ray Tube Warranty Conditions
All remedies are expressly conditioned on all the following:
- Repairs and adjustments of X-ray tubes must be made (or directed in writing) by authorized Luxbright personnel only. Unauthorized repairs or adjustments will void this warranty.
- The X-ray Tube must have been used under normal operating conditions within the respective Luxbright-specified ratings and according to Luxbright operating instructions. Misuse, abuse, or improper installation will void this warranty. Luxbright shall make the sole final determination about whether a failure occurred in normal operation or whether the X-ray Tube was subjected to other than normal operation.
- Buyer must give Luxbright written notice of X-ray Tube failure before the end of the X-ray Tube Warranty Period, and return it prepaid to Luxbright with a completed Service Report describing the following:
- Reason for return
- Operating conditions
- Dates of installation and removal
- Counter readings at installation and removal
- Other pertinent information
- Luxbright may solely determine the probable number of scans or hours of usage of the X-ray Tube when no accurate records can be found. All repairs not within warranty will be invoiced at prevailing rates, but Luxbright will not begin work without Buyer’s approval of charges.
- Unless otherwise agreed by Luxbright, Buyer shall pay costs of shipping for X-ray tubes returned to Luxbright for repair or adjustment, shall be responsible for loss or damage in transit, and shall file claims for loss or damage in transit.
- The Warranty Period remaining on the date Luxbright received notice of failure shall apply to the repaired or replaced X-ray Tube from the date of return shipment to Buyer.
Exclusions from Coverage
Luxbright’s warranties shall not apply to the extent that malfunction is caused in Luxbright’s reasonable opinion by:
- Accident, abuse, alteration, misuse, or neglect
- Failure to use Products under normal operating conditions or environment, or within Luxbright specified ratings, or according to any operating instructions provided by Luxbright
- Lack of routine care or maintenance as indicated in any Luxbright operating or maintenance instructions
- Failure to use or take any proper precautions under the circumstances, (5) user modification of any Product or Software
- Latent defects discovered after the expiration of the applicable warranty period.
This warranty does not cover Buyer supplied software, equipment warranted by another manufacturer, or replacement of expendable, consumable, or limited life items.
Exclusion of Implied Warranties
This limited warranty is expressly in lieu of and excludes all other express or implied warranties including but not limited to warranties of Merchantability and of Fitness for a particular purpose, use, or application.
Limitations on Damages and Liability
Luxbright’s total liability in damages or otherwise shall not exceed the payment, if any, received by Luxbright for the unit of product, service, or software furnished or to be furnished resulting in the loss or damage claimed. In no event shall Luxbright be liable for incidental, consequential, indirect, punitive, or special loss or damages of any kind, such as, but not limited to, lost business revenue, lost profits, or costs of downtime resulting from Luxbright’s products, services, or software, however caused, whether based on contract, tort (including negligence), or any other legal theory. Liability to third parties for bodily injury, including death, resulting from Luxbright’s performance or products shall be determined according to applicable law. No claims, regardless of form, arising out of, or in any way connected with products, software, or services furnished by Luxbright, may be brought by the Buyer more than one (1) year after the cause of action has accrued or Luxbright’s performance has been completed or terminated, whichever is earlier.