ACP Product Warranties
Standard Limited Product Warranty
Warranty. ACPL warrants to the Buyer that the Equipment purchased under this Agreement shall be free from manufacturer’s defects in material and workmanship for the period of: a) two years for new Equipment, or b) one year for refurbished and on-site Equipment, following the date of purchase by Buyer (the “Warranty Period”). The remedies offered by this Standard Limited Product Warranty (this “Warranty”) extend only to the original buyer of the Equipment and are not transferable. If within such Warranty Period, such Equipment shall be proved to ACPL’s satisfaction to be defective, the affected part will be repaired or replaced free of charge or ACPL will refund the purchase price of the affected part. Such repair, replacement or refund (whichever ACPL determines, in its discretion, to provide) will be ACPL’s sole obligation and Buyer’s exclusive remedy for any deficiency in the Equipment furnished hereunder, and will be conditioned upon Buyer’s return of such goods to ACPL. Any parts repaired or replaced under this warranty are warranted only for the balance of the Warranty Period on the part that was repaired or replaced. Buyer is responsible for shipping costs associated with sending the Equipment to the ACPL Service Center and shall bear the risk of loss while the Equipment is in transit. ACPL shall ship Equipment to Buyer after repair at no cost to the Buyer.
THE ABOVE WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED. ACPL EXPRESSLY DISCLAIMS AND EXCLUDES ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Warranty Exclusion. Buyer will not be entitled to the remedies set forth above for the Equipment if any of the following have occurred: (1) the Equipment contains repairs or replacement parts not furnished by ACPL; (2) the Equipment is damaged resulting from misuse or negligence; (3) the Equipment has been tampered with and/or altered, including serial number alteration. Use of the Equipment with accessories and/or supplies not approved by ACPL for use with the Equipment may void the warranty if such accessory or supply item caused damage to the Equipment.
- Buyer will have access to the Service Center Customer support line (800-350-1100) during normal business hours. Calls to the Service Center will be answered by personnel trained in the operational and performance requirements for the Equipment, who may be able to resolve the problem without the need to send the Equipment to the Service Center.
- If the problem cannot be resolved over the phone, the Buyer will be provided with a return authorization number, which shall need to be affixed to the container with the Equipment when shipped to the Service Center. If a loaner (a “Loaned Product”) will be shipped to the Buyer, Buyer may return the non-functional Equipment in the same packaging with a pre-paid return label.
- Any Equipment returned to the ACPL Service Center under warranty coverage must have the warranty coverage validated and must receive authorization from ACPL Customer Service prior to the Equipment being received at the Service Center.
- ACPL is not responsible for any loss or damage to the Equipment prior to receipt at an ACPL Service Center. Equipment returned for warranty service must be shipped complete (except for manuals) in its original packing or equivalent so as not to be damaged while in transit. At the request of the Buyer, ACPL shall provide, at Buyer’s expense, packaging specific for the Equipment.
- Buyer may inquire about the possibility of obtaining a Loaned Product for the duration of the repair for an additional fee at Buyer’s expense.
IMPORTANT: BUYER SHALL NOT SHIP THE EQUIPMENT TO ACPL SERVICE CENTER WITHOUT FIRST SECURING AUTHORIZATION TO DO SO FROM ACPL. EQUIPMENT SENT IN WITHOUT AUTHORIZATION FROM ACPL CUSTOMER SERVICE WILL NOT BE ACCEPTED.
Comprehensive Service Agreement
The Comprehensive Service Agreement is available to the original buyer of the ACPL product, provides for ongoing product service, repair and maintenance, plus replacement Equipment to minimize disruption of therapy plan. This coverage may be purchased for new, refurbished, or on-site Equipment.
Coverage Exclusion. Buyer will not be entitled to the remedies under the Comprehensive Service Agreement if any of the following have occurred: (1) the Equipment contains repairs or replacement parts not furnished by ACPL; (2) the Equipment is damaged resulting from misuse or negligence; (3) the Equipment has been tampered with and/or altered, including serial number alteration. Use of the Equipment with accessories and/or supplies not approved by ACPL for use with the Equipment may void the warranty if such accessory or supply item caused damage to the Equipment.
Coverage Period. This coverage must be purchased at the time of the Equipment purchase, and may not be obtained at a later date. The Buyer must select at time of purchase the length of coverage, in one-year increments, for a maximum of three (3) years.
Services Provided. Following is a summary of the services included under the Comprehensive Service Agreement:
- Technical Support – The Buyer will receive unlimited access to the ACPL Customer Support toll-free service line, which can process all routine and technical support needs. This line is available from 7:00AM to 5:00PM Pacific Standard Time.
- Service Response – ACPL Customer Support will initially respond to service issues by evaluating and confirming any problem with the products, then troubleshoot the problems, and determine if/what part(s) and/or service are required. ACPL may ship required parts to the Buyer for on-site installation if the replacement parts are simple “user-replaceable” items. If Equipment needs to be sent to the ACPL Service Center, ACPL will provide a loaner product for use by the Buyer. ACPL shall perform non-routine maintenance, repair and/or replacement within three (3) business days following telephone, facsimile, written or other notice from Buyer, at no additional cost to Buyer. Non-routine maintenance, repair and replacement of Equipment requiring special handling and/or ground based shipment (such as the Omnicycle®, OmniVR®, Megapulse®, etc.) may require up to six (6) business days, depending on the location of the Buyer facility.
- Annual Calibration – ACPL will provide for calibration of the Equipment on an annual basis. Calibration will be performed at the Buyer facility whenever possible in order to minimize product down-time. If on-site calibration is not possible, at the discretion of ACPL, Equipment will be shipped to ACPL Service Center for calibration. In that case, ACPL shall provide a loaner unit to the Buyer prior to shipment of Equipment requiring calibration, such that there will not be any down-time for the Buyer.
- Loaner Products – the loaner products sent to the Buyer during service of Equipment at the ACPL Service Center shall be new or like new condition. The loaner product will remain with the Buyer until the original product service is completed. At that time, the Buyer will have the option of retaining the loaned product, with that product becoming the property of the Buyer, or to return the loaned product and receive the original serviced Equipment.
- Preventative Maintenance – ACPL will provide, at Buyer request, the latest updated preventative maintenance checklist, which the Buyer can use to inspect the product. ACPL will also provide as applicable, at Buyer request, updated software (supplied on a memory stick), which can be applied to the product to upgrade the software to the latest released version.
- Shipping and Packaging – if Equipment is sent to the ACPL Service Center and a loaner product is provided to the Buyer for the duration of the service, ACPL will initiate the process by sending the loaner product to the Buyer facility. The Buyer shall be responsible for receipt and set-up of the loaner product, and will use the shipping container to repackage the Equipment requiring service for return to ACPL Service Center. ACPL shall be responsible for all shipment costs, with shipment by ground carrier. Buyer may, at Buyer discretion and cost, choose to have the product shipped by faster method. Once the loaner product is received, the Buyer shall be responsible for returning the Equipment needing service within five (5) business days of receipt of loaner. If the Equipment is not shipped within this timeframe, ACPL shall charge and invoice the Buyer at the rate of $30 per day until the product is shipped to ACPL.
Extended Limited Product Warranty
The Extended Limited Product Warranty extends the Standard Limited Product Warranty coverage for two (2) additional years, which covers manufacturer’s defects in material and workmanship for the period. This coverage is applicable only to New Equipment, and must be purchased at the time of the Equipment purchase.