CLARIUS WARRANTY TERMS

  1. Scope and Duration of Warranties

Effective Date.  These Warranty terms (the “Warranty”) apply to purchases made on or after October 31, 2019.   For purchases made before this date, please see the Warranty Schedule attached to the terms and conditions accompanying your purchase for the applicable warranty information.

Covered Products. The warranties contained in this Warranty are limited to the following Clarius-branded products purchased directly from Clarius (the “Covered Products” herein):

  • Newly manufactured Clarius ultrasound scanners (“New Clarius Scanners”);
  • Refurbished Clarius ultrasound scanners (“Refurbished Clarius Scanners”); and
  • Newly manufactured batteries, chargers, charger cables, and other accessories (collectively, “New Batteries and Accessories”).

For greater certainty, Viera- or Synergy- branded ultrasound scanners, or any products not purchased directly from Clarius are not included under this Warranty.  For warranty information of these other products, please refer to the documentation accompanying your purchase.

Limited Warranty. Clarius warrants to customer that each Covered Product will be free from defects in materials and workmanship, subject to the limitations set out herein.   This warranty is made to the original customer only and, unless agreed to by Clarius in advance, does not extend to any subsequent purchaser or transferee of the Covered Product.

Warranty Period. The warranty period for all warranties is limited in time in accordance with Section 4 (Warranty Types) below.  The initial warranty period begins on the date that Clarius delivers the Covered Products to customer, and if the order contains multiple shipments, the date the first item is delivered.  The warranty period for any replacement product or component, or repair to a Covered Product, furnished to customer as a warranty remedy will be the unexpired portion of the original warranty period of the repaired, adjusted or replaced Covered Product.

Third Party Products. Clarius does not provide a warranty or warranty service for products that are manufactured by a third party and do not carry the Clarius label, even if such Products are sold and distributed by Clarius. All warranty terms (if any) for such Products are provided by the third party manufacturer and are governed by documentation provided by the manufacturer and included with the shipment to customer or available online from the manufacturer’s website.

  1. Sole Warranty Remedies

Clarius’ obligation and liability under the Limited Warranty of a Covered Product is limited solely, at Clarius’ option: to repair, adjust or replace (with new or exchanged replacement parts or devices) the non-conforming Covered Product, or, in the alternative, repayment or reduction of a reasonable portion of the purchase price for the Covered Products, as determined by Clarius in its sole discretion.  THE REMEDY SELECTED BY CLARIUS IN ACCORDANCE WITH THIS PARAGRAPH SHALL BE THE EXCLUSIVE AND SOLE REMEDY OF CUSTOMER FOR ANY BREACH OF WARRANTY.

  1. Warranty Exclusions

The Limited Warranty of the Covered Products do not cover:

  • Any work external to the Covered Products.
  • Any damage to the Covered Products caused by an external source, regardless of nature.
  • Maintenance, connection or removal of any device to the Covered Products not furnished by Clarius.
  • Repair or replacement of any damage, defect, deficiency, or loss resulting from, in whole or in part: (1) the use of any Covered Products in a manner or configuration other than as specified in applicable instructions, specifications, manuals or other documentation provided by Clarius (including any use of the Covered Products for off-label purposes or with a device other than the list of compatible smart devices specified by Clarius in its operational manual or on its website); (2) improper storage, handling, use or maintenance of the Covered Products; (3) failure of recommended or customary environmental conditions to be met; (4) dismantling, alterations, or repairs performed by persons other than Clarius’ authorized personnel; or (5) any other cause beyond Clarius’ reasonable control, including resulting from accident, neglect, negligence, abuse, misuse, intentional damage, theft, vandalism, or disasters (such as flood, earthquakes, fire, war, epidemics, riots, military action, acts of terrorism, or acts of God).
  • Upgrades to or other modifications of the Covered Products done with materials not supplied by Clarius, including without limitation, any software, firmware or hardware modifications to the Covered Products.
  • Any work for cosmetic purposes.
  • Consumable parts.
  • Batteries and Accessories after the Standard Warranty’s Warranty Period for such items (as defined in Section 4(a) below).
  • Failure to use properly qualified, trained, and licensed personnel in the operation of the Covered Products.
  • Any Covered Products contaminated with blood or other potentially infection substances.
  1. Warranty Types

(a) Standard Warranty:  If there is a breach of the Limited Warranty of Section 1 above for any Covered Product within the Warranty Period (defined below), Clarius will: provide all replacement device parts, software updates and image upgrades (excluding new features) which Clarius regularly makes available to its customers of such products at no additional fee; and, if necessary, provide replacement products of equivalent or better condition.  If Clarius replaces a Covered Product, the original product becomes Clarius’ property and the replacement product becomes the customer’s property.

One-way standard shipping will be provided.  This means the cost of shipping any Covered Product to Clarius will be at the sole cost of the customer.  However, Clarius will pay the costs for shipping of any repaired or replacement product or parts to the customer. Delivery of any repaired or replacement device or parts shall be provided by standard shipping (e.g., ground) speeds.

The warranty period for the different Covered Products defined in Section 1 above (the “Warranty Period”) are:

(1) New Clarius Scanners:  three (3) years

(2) Refurbished Clarius Scanners:  one (1) year

(3) New Batteries and Accessories:  six (6) months

To obtain warranty service, the customer must email support@clarius.com to obtain a Return Materials Authorization (RMA) number from Clarius prior to returning any non-conforming Covered Product, and follow all instructions of Clarius.  Title to and the risk of loss, damage or casualty to the Covered Product remains with customer until delivery to Clarius.  Clarius’ Product Purchase terms and conditions govern the return of repaired or replacement Covered Product to customer.

(b) Clarius Care:  For an additional charge, Clarius Care provides the following enhanced warranty services:

(1) for New Clarius Scanners, notwithstanding the exclusion of coverage for accidental damage in Section 3(d)(5) above (Warranty Exclusions), Clarius will repair or replace a New Clarius Scanner damaged by accidental damage; provided, however, that no New Clarius Scanner will be repaired or replaced under a claim of accidental damage more than once over any twelve (12) month period;

(2) for New Clarius Scanners, notwithstanding the exclusion of coverage for theft in Section 3(d)(5) above (Warranty Exclusions), Clarius will replace a New Clarius Scanner stolen from the premises of an accredited hospital; provided, however, that (i) the stolen New Clarius Scanner must have been previously registered with the accredited hospital’s asset management system, (ii) replacement of a New Clarius Scanner under a claim of hospital theft will only be permitted a single time during the Clarius Care coverage period, and (iii) the Customer acknowledges that once the New Clarius Scanner is reported stolen, use of the stolen scanner will be immediately remotely terminated by Clarius; and

(3) for a legitimate warranty claim requiring repair or replacement of a New Clarius Scanner, Clarius will (i) pay for shipping of the non-conforming New Clarius Scanner to Clarius, and (ii) pay for shipping to provide customer with a loaner scanner; provided, however, that (x) Clarius reserves the sole right to select the shipping method used to deliver the loaner scanner to customer, and (y) if the loaner scanner has equivalent or better functionality, Clarius may, in its sole discretion, elect to consider the loaner scanner a replacement scanner such that Clarius keeps the customer’s original scanner.

Clarius Care enhanced warranty services are available for a one (1), two (2), or three (3) year period that, if purchased, begins and runs concurrently with the Warranty Period of the Standard Warranty.  If Clarius Care is purchased for a one (1) or two (2) year period, the Clarius Care enhanced warranty services will expire prior to the expiry of the Standard Warranty’s Warranty Period, but such expiry will not affect the remaining unexpired portion of the Standard Warranty’s Warranty Period.  In no event will the purchase of a Clarius Care enhanced warranty extend the warranty period of a New Clarius Scanner beyond three (3) years.

If making a claim under Clarius Care, all other terms and conditions for obtaining warranty service under the Standard Warranty shall apply.

For greater clarity, “accidental damage” under Clarius Care is limited to damage that negatively impacts the functioning of the covered New Clarius Scanners, and “accidental damage” will not include coverage for any cosmetic or superficial damage.  Further, Clarius reserves the right to inspect all New Clarius Scanners returned to Clarius under a claim of accidental damage, and Clarius may deny coverage under Clarius Care’s enhanced warranty services if Clarius determines that damage did not arise as a result of accidental damage of the Clarius Scanner.  Such inspection may include: a visual inspection of the Clarius Scanner and/or a review or analysis of sensor data collected by the returned Clarius Scanner.

Clarius will take all reasonable measures to have the repair services described in this Section 4 be performed by qualified personnel in a professional manner.  However, such measures shall not be deemed to extend the warranty period for any Covered Product.