BEYES Dental Canada Inc. ('BEYES') warrants to the original retail purchaser that it will be at BEYES option to repair or replace components of the dental products manufactured by BEYES (except for components not warranted under 'Exclusions') that are defective in material or workmanship under normal use and service. BEYES’ obligation under this limited warranty is limited to the repair or replacement of the applicable components. This limited warranty shall only apply to defects that are reported to BEYES within the applicable warranty period and which, upon examination by Beyes, prove to be defective. This warranty extends only to the first retail purchaser of a product and is not transferable or assignable. Replacement components or products may be used and/or refurbished components or products, provided they are of like quality and specifications as new components or products.
The applicable warranty period, measured from the date of invoice to the original user, shall be as follows
Extraoral suction systems are warranted for a period of 30 months
Sterilizers are warranted for a period of 25 months
Air Driven High Speed Handpieces are warranted for a period of 12 months except M200E
Air Driven High Speed Handpieces M200Es are warranted for a period of 6 months
Air Driven Low Speed Handpieces are warranted for a period of 12 months
Electric High Speeds are warranted for a period of 12 months
Curing Lights are warranted for a period of 12 months
Ultrasonic Scalers and Air Polishers are warranted for a period of 12 months
Maintenance Systems are warranted for a period of 12 months
Apex Locators are warranted for a period of 12 months
This limited warranty does not cover and BEYES shall not be liable for the following;
(1) defects, damage or other conditions caused, in whole or in part, by misuse, abuse, negligence, alteration, accident, freight damage, negligent storage, tampering or failure to seek and obtain repair or replacement in a timely manner;
(2) products which are not installed, used, and properly cleaned and maintained as required or recommended in the BEYES 'Installation' and/or 'Installation/Operation Manual' for the applicable product, including the specified structural and operational environment conditions and electrical power requirements;
(3) products considered to be of a consumable or sterile nature;
(4) accessories or parts not manufactured by BEYES;
(5) charges by anyone for adjustments, repairs, replacement parts, installation or other work performed upon or in connection with such products which are not expressly authorized in writing in advance by BEYES;
(6) costs and expenses of routine maintenance and cleaning;
(7) representations and warranties made by any person or entity other than BEYES;
(8) matching of color, grain or texture except to commercially acceptable standards;
(9) changes in color caused by natural or artificial light;
(10) custom manufactured products;
(11) alterations or modifications to the product by any person or entity other than BEYES; and
(12) Products that would otherwise by covered under Sections 1 and 2 of this limited warranty, but are acquired: (i) from a person or entity that is not BEYES or one of its authorized dealers; or (ii) from a BEYES dealer that is not authorized to sell the product at issue in the geographic territory where the purchaser is located, or is not authorized to sell the product at issue within the medical, animal health or dental market, as the case may be, in which purchaser intends to use the product.
BEYES’ OBLIGATION UNDER THIS LIMITED WARRANTY IS THE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS. BEYES SHALL NOT BE LIABLE FOR AND HEREBY DISCLAIMS ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR DELAYS, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR INCOME, LOSS OF USE, DOWNTIME, COVER AND EMPLOYEE OR INDEPENDENT CONTRACTOR WAGES, PAYMENTS AND BENEFITS.
THIS LIMITED WARRANTY IS BEYES ONLY WARRANTY AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. BEYES MAKES NO IMPLIED WARRANTIES OF ANY KIND INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY IS LIMITED TO THE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS.
No actions may be brought against BEYES for breach of this limited warranty, or implied warranty, if any, or for any other claims arising out of or relating to the products, more than ninety (90) days following expiration of the limited warranty period.