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TERMS & CONDITIONS

1. General Warranty:
    1.1 Soma Tech Pvt. Ltd. offers a ninety (90) day full warranty (unless otherwise noted) starting from date of shipment on all refurbished equipment.
    1.2. Initial electrical safety, certified calibration check and inspection stickers are included with all equipment. Customer may request an Engineering Test Report.
    1.3. A standard warranty of ninety (90) days is offered on accessories included with equipment; functional problems will also be covered under the standard warranty, but are subject to an inspection for physical damage and damage caused by inappropriate handling, which may void such standard warranty as determined by Soma in its sole and absolute discretion.
   1.4. All equipment sold outside of United States of America will have a standard warranty of ninety (90) days on the equipment, accessories and repairs to the same (excluding costs of labor). Parts required for such warranty repairs will be provided at no charge. Soma will be responsible for shipping replacement parts to Customer; however Customer is responsible for all other charges.
   1.5. All repairs to rental equipment are covered under whatever warranty is agreed upon in the rental agreement during the rental period. Physical damage to equipment and accessories, including loss of accessories, will be an additional charge to Customer.
   1.6. All parts and accessories sold separately from any equipment have a thirty (30) day warranty starting on the date of shipment, except for disposables, consumables, glass parts, bulbs, batteries and circuit boards.
   1.7. Non-warranty repairs performed by Soma Tech Pvt. Ltd. are covered by a thirty (30) day warranty for the same problem and/or the parts replaced during the repair.
   1.8. Soma Tech Pvt. Ltd. must be notified of all damages caused by shipping within three (3) business days of Customer receiving the purchased equipment. A description of the damage must be documented on the bill of lading of the shipping company as proof thereof.

2. Terms & Conditions
   2.1. Within the valid standard warranty period applied to the equipment, Customer may contact Soma Tech Pvt. Ltd. for warranty service only when the equipment purchased becomes defective through its proper usage. Soma Tech Pvt. Ltd. ’s business hours are Mon - Fri, 8:30am – 5:00pm, excluding holidays.
   2.2. The standard warranty is not transferable
   2.3. Any change in the standard warranty offered, relates only to the equipment specified. All related accessories and/or other equipment will continue to be covered under the original standard warranty (unless specified otherwise).
   2.4. Soma Tech Pvt. Ltd. is not responsible for any repairs or services performed by any unauthorized third party or end user without Soma Tech Pvt. Ltd. ’s prior written consent. Any repairs or services performed by any unauthorized third party may void the standard warranty on the equipment as determined by Soma in it sole and absolute discretion.
   2.5. The standard warranty DOES NOT cover: (1) new equipment, where the warranty is provided by the manufacturer and the Customer is subject to the OEM terms and conditions; (2) any glass parts except in the case of C-Arm, X-Ray and Mammography equipment, where a pro-rated glassware coverage is provided; (3) accessories that are considered disposable or consumable, all other accessories including, but not limited to, batteries and ultrasound probes are covered by a ninety (90) day warranty; (4) accident, misuse, abuse, negligence, acts of God or modifications of the equipment; (5) improper operation or maintenance of the equipment; (6) connection of equipment to improper voltage supply; or (7) attempted repair by any party other than Soma Tech Pvt. Ltd. or its Field Service Network.
   2.6. The warranty DOES NOT apply when a malfunction results from the use of the equipment in conjunction with accessories, equipment or ancillary or peripheral equipment, or where it is determined by Soma Tech Pvt. Ltd. (in its sole and absolute discretion) that there is no fault with the equipment sold by Soma Tech Pvt. Ltd. . Soma Tech Pvt. Ltd. is ONLY responsible for the equipment purchased.
   2.7. All equipment other than Anesthesia, Autoclaves, Beds, Blanket Warmers, C-Arms, Heart-Lung, Incubator, Infant Warmers, Mammography, Pain Tables, Power Exam Tables/Chairs, Stretchers, Surgical Lights, Surgical Microscopes, Surgical Tables, Stress Test, large Ultrasounds and X-Rays are serviced at the depot. Parts, travel and labor are covered during the standard warranty period for equipment needing repair by our authorized Field Service Network.
   2.8. Soma Tech Pvt. Ltd. will use its best efforts to repair, or by any other means restore, the defective equipment to its original working condition.
   2.9. Irrespective of the standard warranty period on the equipment stated in agreement, a standard ninety (90) day warranty is offered on accessories included with equipment. Functional problems with the equipment will be covered under the standard warranty, but are subject to an inspection for physical damage and tampering
   2.10. Any subsequent resale or moving of equipment to a new location, without prior written approval from Soma Tech Pvt. Ltd. , automatically voids the standard warranty on such equipment.
   2.11. Scheduled preventive maintenance recommended by the original manufacturer is not covered by the standard warranty; failure of equipment due to nonperformance of recommended preventive maintenance or improperly performed preventive maintenance will void the standard warranty. A preventive maintenance report issued by a certified Bio-med may be required to evidence compliance therewith.

3. Warranty Claim Policy:
   3.1. Malfunctions detected during the standard warranty period must be reported immediately to Soma Tech Pvt. Ltd. . Customer shall have the Purchase Order number and/or equipment model and serial number of the equipment on hand when calling; return authorizations cannot be processed without these details. If after all possible solutions have been exhausted and the problem persists, Soma Tech Pvt. Ltd. will provide Customer with a RMA (Return Material Authorization) Form and Number.
   3.2. When returning equipment, place the RMA Form provided by Soma Tech Pvt. Ltd. inside the box and clearly write the RMA Number on the outside of the box and on the shipping documentation. Customer is responsible for packaging and shipping the defective equipment back to Soma Tech Pvt. Ltd. . Any direct, indirect, incidental or consequential damages during shipping will be the responsibility of Customer.
   3.3. Soma Tech Pvt. Ltd. will not be held responsible for any equipment returned without an RMA. In such a case, Customer will be responsible for any expenses and/or damage, loss or theft claims.

4. Terms and Conditions-Warranty Claim:
    4.1. If the equipment does not work on receipt by Customer, Customer shall notify Soma Tech Pvt. Ltd. within three (3) days of receipt of such equipment. If the foregoing notice requirements are satisfied, Soma Tech Pvt. Ltd. will repair or replace the equipment at no cost to Customer and will pay applicable shipping charges.
   4.2. Soma Tech Pvt. Ltd. will fix equipment malfunctions occurring during the standard warranty period within a reasonable time. Customer will be responsible for all costs to ship the defective equipment to Soma Tech Pvt. Ltd. . If Soma Tech Pvt. Ltd. cannot repair the equipment, Soma Tech Pvt. Ltd. will replace such equipment and ship it back to Customer at no cost.
   4.3. When receiving equipment for warranty repair, Soma Tech Pvt. Ltd. will conduct a series of inspections before any repair commences. These inspections include, but are not limited to, warranty validation, tampering, unregistered alterations, damages and unreported broken parts. If evidence of the foregoing is discovered, the standard warranty will be voided, any repairs on such equipment will be chargeable to the Customer, and Customer will incur a charge equal to one (1) hour of labor for the inspection. If Customer wishes to forgo repair and have the broken equipment returned, Customer will incur the cost of the return shipping.
   4.4. Sending working equipment to Soma Tech Pvt. Ltd. without any issues will cause Customer to incur a charge equal to one (1) hour of labor for an inspection and all shipping charges.
   4.5. Loaner requested during warranty repair will be provided based on availability. Shipping for the loner equipment to and from Soma Tech Pvt. Ltd. will be at the Customer’s expense.
   4.6. Customers located outside the United States of America are only eligible for parts on warranty repair. Customers can receive free labor on warranty repairs at Soma Tech Pvt. Ltd. ’s Service Center, but are responsible for all shipping and handling charges to and from the Service Center.
   4.7. If the standard warranty period expired, the Customer will incur the full cost of service for any repair and will also be required to pay for shipping defective equipment to and from Soma Tech Pvt. Ltd.

5. Return Policy:
    5.1. Request to return equipment must be submitted by Customer to Soma Tech Pvt. Ltd. within one (1) week of Customer’s receipt of such equipment
    5.2. Before any equipment is returned, a Soma Tech Pvt. Ltd. representative must issue a RMA Form and Number. This RMA Form must be placed inside the box and the RMA Number must be displayed on the outside of the box and in the shipping documentation. Soma Tech Pvt. Ltd. will not be held responsible for any equipment returned without an RMA. In such a case, Customer will be responsible for any expenses and/or damage, loss or theft claims.
   5.3. Approved RMA numbers are valid for ten (10) business days commencing on the date of issue.
   5.4. All returned equipment is subject to a twenty-five percent (25%) restocking fee, plus any charges for shipping the equipment back to Soma Tech Pvt. Ltd. .
   5.5. Approved returns exceeding the one (1) week period (as described in Section 5.1) may be subject to a restocking fee greater than twenty-five percent (25%), plus any charges for shipping the equipment back to Soma Tech Pvt. Ltd. .
   5.6. Proper packaging is required for all returned equipment. Soma Tech Pvt. Ltd. will not be liable for any direct, indirect, incidental or consequential damages during shipping. Any shipping damages, missing equipment or missing accessories will be reported by Soma Tech Pvt. Ltd. to Customer within forty-eight (48) hours of receiving the equipment at Soma Tech Pvt. Ltd. . If Soma Tech Pvt. Ltd. does not receive a response within a five (5) business days of notifying Customer, Customer will be liable for any charges relating to the return. Customer will receive an invoice to delineating any lost equipment or damage costs.
6. Rental Return Policy:
   6.1. At the start of the rental period, Soma Tech Pvt. Ltd. will provide Customer with an RMA Form and Number. To return any rental item, the RMA Form must be placed inside the box and the RMA Number must be displayed on the outside of the box and in the shipping documentation. Soma Tech Pvt. Ltd. will not be held responsible for any equipment returned without an RMA. In such a case, Customer will be responsible for any expenses and/or damage, loss or theft claims
   6.2. Customer’s failure to comply with Section 6.1 causes Customer to remain responsible for its continued rental charges until compliance with Section 6.1 is achieved.
   6.3. Customer is responsible for all costs of returning rental equipment to Soma Tech Pvt. Ltd. , unless agreed otherwise by Soma Tech Pvt. Ltd. .
   6.4. Any shipping damages, missing equipment or missing accessories will be reported by Soma Tech Pvt. Ltd. to Customer within forty-eight (48) hours of receiving the equipment at Soma Tech Pvt. Ltd. . If Soma Tech Pvt. Ltd. does not receive a response within a five (5) business days of notifying Customer, Customer will be liable for any charges relating to the return. Customer will receive an invoice to delineating any lost equipment or damage costs.

7. Title to Equipment: Title to and right of possession of the equipment sold hereunder shall remain with Soma Tech Pvt. Ltd. until all payments provided hereunder have been made in full and received by Soma Tech Pvt. Ltd. . Customer agrees to do all acts necessary to perfect and maintain such right and title in Soma Tech Pvt. Ltd. . Failure of Customer to pay the purchase price for any equipment shall give Some Technology the right, without liability, to repossess such equipment, with or without notice, and to avail itself of any remedy provided by law or equity.

8.Rights Reserved: Soma Tech Pvt. Ltd. reserves the right to change these Terms and Conditions. Soma Tech Pvt. Ltd. will use reasonably diligent efforts to continue its support of equipment after the original manufacturer end of life.

9. Governing Law: This contract shall be governed by the laws of the State of Connecticut. Any claim, dispute or controversy arising out of or in connection with or relating to these Terms and Conditions shall be submitted by the parties to arbitration in Connecticut. The arbitration award shall be rendered in such form that judgment may be entered thereon in any court having jurisdiction thereof. Soma Tech Pvt. Ltd. and Customer hereby expressly waive all rights to a jury trial for any disputes arising out of this Agreement.

10. Attorney’s Fees and Costs: If any legal action or proceeding is brought for the enforcement of these Terms and Conditions or because of any alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceedings, in addition to any other relief to which such party may be entitled.