OUT-OF-WARRANTY REPAIR PROGRAM TERMS

Attachment A | Limited Warranty for Out-of-Warranty Repairs

THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE OF THIS LIMITED WARRANTY FOR OUT-OF-WARRANTY REPAIRS (the “WARRANTY”).

SYNTECH, INT’L INC. WARRANTS THAT, SUBJECT TO THE FOLLOWING LIMITATIONS, EACH MAXAIR® PRODUCT REPAIR WILL BE FREE FROM DEFECTS IN MATERIAL AND WORKMANSHIP FOR A PERIOD OF 30 DAYS AFTER THE REPAIR AND THE REPAIR WILL CONFORM TO SYNTECH, INT’L INC.’S SPECIFICATION FOR THE PARTICULAR PRODUCT FOR A PERIOD OF 30 DAYS AFTER THE REPAIR. THIS WARRANTY COVERS ONLY THE SPECIFIC REPAIR PERFORMED, NOT THE ENTIRE DEVICE. SYNTECH, INT’L INC. EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.

SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL SYNTECH, INT’L INC.’S OBLIGATION OR LIABILITY HEREUNDER EXCEED THE COST TO REPAIR THE DEFECTIVE PRODUCT. ADDITIONALLY, SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL SYNTECH, INT’L INC. BE LIABLE FOR ANY LOSS OF USE, DATA, IPR INFRINGEMEHNT, BUSINESS, GOODWILL, REPUTATION, REVENUE, OR PROFITS, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND, IRRESPECTIVE OF THE NATURE OF THE CLAIM, WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE. SOME STATES DO NOT ALLOW FOR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

CUSTOMER WILL INDEMNIFY, DEFEND, AND HOLD SYNTECH, INT’L INC. HARMLESS FROM ANY CLAIMS BASED ON: SYNTECH, INT’L INC.’S COMPLIANCE WITH CUSTOMER’S DESIGNS, SPECIFICATIONS, OR INSTRUCTIONS; MODIFICATION OF ANY PRODUCTS BY ANYONE OTHER THAN SYNTECH, INT’L INC.; OR USE IN COMBINATION WITH OTHER PRODUCTS.

SYNTECH, INT’L INC. SHALL BE IN NO WAY RESPONSIBLE FOR THE GOODS’ PROPER USE AND SERVICE. SYNTECH, INT’L INC. SHALL NOT BE RESPONSIBLE FOR CUSTOMER’S PRODUCT NEGLIGENCE, MISCONDUCT, MISUSE, ABUSE, ACCIDENT, IMPROPER INSTALLATION OR HANDLING, UNUSUAL ENVIRONMENTAL CONDITIONS, OR OTHER EXTREME STRESS, ALTERATION, FAILURE TO MAINTAIN PRODUCTS IN ACCORDANCE WITH SYNTECH, INT’L INC.’S RECOMMENDATIONS, DAMAGE CAUSED BY A REPAIR, DAMAGE CAUSED BY USE WITH ANY THIRD-PARTY PRODUCT OR SERVICE, OR USE IN VIOLATION OF ANY PROVIDED-FOR INSTRUCTIONS.

CUSTOMER ACKNOWLEDGES THAT IT HAS NOT RELIED ON ANY REPRESENTATION OR WARRANTY MADE BY SYNTECH, INT’L INC. OR ANY

OTHER PERSON ON SYNTECH, INT’L INC.’S BEHALF. ANY AFFIRMATION OF FACT OR PROMISE MADE BY SYNTECH, INT’L INC. SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY THAT THE GOODS SHALL CONFORM TO THE AFFIRMATION OR PROMISE. ANY SAMPLE OR MODEL IS FOR ILLUSTRATIVE PURPOSES ONLY AND SHALL NOT BE DEEMED TO CREATE AN EXPRESS WARRANTY THAT THE GOODS SHALL CONFORM TO THE SAMPLE OR MODEL; AND NO AFFIRMATION OR PROMISE, OR DESCRIPTION, OR SAMPLE OR MODEL SHALL BE DEEMED PART OF THE BASIS OF THE BARGAIN.

IF TECHNICAL ASSISTANCE OR ADVICE ARE OFFERED OR GIVEN TO CUSTOMER, SUCH ASSISTANCE OR ADVICE IS GIVEN FREE OF CHARGE AND ONLY AS AN ACCOMMODATION TO CUSTOMER. SYNTECH, INT’L INC. SHALL NOT BE HELD LIABLE FOR THE CONTENT OR CUSTOMER’S USE OF SUCH TECHNICAL ASSISTANCE OR ADVICE NOR SHALL ANY STATEMENT MADE BY ANY OF SYNTECH, INT’L INC.’S REPRESENTATIVES OR AFFILIATES IN CONNECTION WITH THE PRODUCTS OR SERVICES CONSTITUTE A REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED.

USE OF NON-MAXAIR® DISPOSABLES (DISPOSABLES MANUFACTURED BY ANYONE OTHER THAN SYNTECH, INT’L INC.) AND REPLACEMENT PARTS MAY VOID CERTIFICATIONS AND MAY COMPROMISE EQUIPMENT PROTECTIONS, EQUIPMENT EFFICIENCIES, AND EQUIPMENT LIFE.

THIS WARRANTY IS SUBJECT TO CHANGE AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE BY MANUFACTURER. THE MOST RECENT VERSION OF THIS WARRANTY SHALL BE POSTED FOR YOUR REVIEW AT ANY TIME AT HTTPS://SYNTECH-INT.COM/OUT-OF-WARRANTY/. IT IS IMPORTANT TO CHECK FOR UPDATED WARRANTY TERMS BEFORE ENGAGING IN FUTHER REPAIRS AS WARRANTY TERMS MAY HAVE CHANGED.

UNLESS OTHERWISE PROHIBITED BY LAW, THE STATUTE OF LIMITATIONS WILL BE ONE-YEAR FROM THE DELIVERY DATE OF THE RETURNED OR REPAIRED PRODUCT TO CUSTOMER FOR CUSTOMER TO BRING A LAWSUIT AGAINST SYNTECH, INT’L INC.

IN THE EVENT THAT ANY PART OR PORTION OF THIS WARRANTY IS DEEMED TO BE INVALID, ILLEGAL, OR UNENFORCEABLE, THE REMAINING PROVISIONS SHALL CONTINUE IN FULL FORCE AND EFFECT.