TERMS AND CONDITIONS OF GH3 LIFETIME BATTERY WARRANTY
Multicare Medical Ltd (Multicare) is pleased to provide the following extended warranty to the GH3 ceiling track hoist.
Multicare warrants that the battery of the Guldmann GH3 hoist shall be free from defects for the lifetime (15 years) of the hoist. The battery is deemed for the purposes of this warranty to have defects if it totally fails or if the battery will not hold power. The standard warranty period for the equipment supplied and installed by Multicare is 1 year from the date of installation or, in the case of new build projects, 1 year from the date of building handover. This warranty extends the period of the warranty of the battery for an additional 14 years, providing a total warranty period of 15 years.
THIS LIMITED WARRANTY IS VOID IF THE PRODUCT IS NOT USED FOR THE PURPOSE FOR WHICH IT IS DESIGNED
This warranty covers the replacement of the battery only, necessary labour and travelling are charged extra.
Terms and Conditions
The foregoing warranty is given subject to the following conditions:
- It is only given to, and enforcement by, the direct purchaser for the equipment from Multicare and cannot be assigned without the prior written consent of Multicare. The warranty can only be reassigned if the details contained within this form are completed in full, and this form is returned to Multicare within 30 days of the building handover.
- It only applies if:
- Multicare has received full payment for the relevant equipment (with the exception of retention payments);
- Multicare has received a complete, signed certificate of installation (in the form required by it) certifying inter alia date of installation of the relevant equipment, or in the event of supply of mobile equipment, a signed delivery note signifying full acceptance and receipt of the goods.
- The claim is notified to Multicare, within 30 days of the defect in the equipment coming to the notice of the said direct purchaser or assignee;
- There is a signed service and LOLER maintenance contract in place for the equipment between the owner of the equipment, and Multicare Medical Ltd.
- After a claim on the warranty is made, on request of Multicare, arrangements are made for a Multicare engineer to attend site, (between the hours of 8:00am – 5:00pm, Monday to Friday, excluding Bank Holidays), to enable it to examine the said equipment to determine the cause of the defect and patterns of usage (and provide that Multicare shall also be entitled to enter the premises where the equipment was used to inspect where and how the equipment was used); and
- The relevant equipment is correctly wired, installed and used (including in terms of electrical values and environmental conditions, including temperature and humidity, in which they are operated and used) in accordance with Multicare’s instructions, specifications and manuals issued from time to time;
- The GH3 hoist employs a ‘constant charge’ system as designed by the manufacturer.
- It does not apply where a defect in the equipment is caused by:
- Act of God or accidental damage or malicious damage or any abuse, misuse, abnormal use, or use in violation of any applicable standard, code or instructions for use or failure to follow instructions or recommendations from Multicare or the manufacturer in relation to storage, installation, environment or maintenance; or
- The installation of the relevant equipment or any modifications made to it by anyone other than Multicare; or
- power surges; improper power supply; electrical current fluctuations; corrosive environment installations; induced vibration; changes to structure of the building; subsidence; failure of structural support; alteration; accident; failure to follow installation, operating, maintenance or environmental instructions prescribed by Multicare or applicable electrical codes; or improper service of the Product performed by someone other than Multicare or its authorized service provider.
- Use of the equipment above the prescribed SWL (Safe Working Load), as recorded on the equipment.
- This warranty is over and above any other warranties provided by Multicare. Otherwise Multicare gives no warranties and makes no representations regarding the equipment supplied by it including as to their quality or performance, except as required by relevant law. In particular without limitation no warranty or representation of, or term or condition relating to, fitness for a particular purpose in relation to the equipment is made or is to be implied.
- Provided Multicare replaces the defective battery, in accordance with this warranty statement, Multicare shall have no further liability whatsoever for any loss, damage, cost or expense arising from such defect, except where the defect was caused by its negligence or wilful default.
- Multicare are not responsible for the loaning, or lending of replacement equipment whilst the equipment is being repaired.
- Multicare reserves the right to utilize new, reconditioned, refurbished, repaired or remanufactured products or parts in the warranty repair or replacement process. Such products and parts will be comparable in function and performance to an original product or part, as determined by Multicare in its sole discretion, and warranted for the remainder of the original warranty period.
- Exclusivity of Warranty: This warranty is over and above the standard warranty made by Multicare and may only be modified or amended by a written instrument signed by a duly authorised officer of Multicare. Multicare’s sole and exclusive liability and Purchaser’s sole and exclusive remedy under this warranty shall be, at Multicare’s option, to repair or replace any such defective products. These remedies are available only if Multicare’s examination of such products discloses to Multicare ’s satisfaction that such defects actually exist and were not caused by Purchaser’s misuse, abuse, neglect, improper installation, maintenance or testing, alterations or modifications, failure to meet manufacturer’s specifications or any other cause beyond the range of normal usage, or by accident, fire or other hazard.
THE WARRANTY SET FORTH ABOVE IS IN ADDITION TO ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MULTICARE BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THE PRODUCTS DELIVERED HEREUNDER OR SUBSEQUENT USE THEREOF.
- Limitation of Liability: Multicare shall not be liable for any loss, damages, or penalty resulting from failure to perform any of its obligations under this Agreement due to force majeure or any cause beyond its reasonable control.
MULTICARE ’S LIABILITY UNDER OR FOR BREACH OF THIS AGREEMENT SHALL NOT EXCEED THE REFUND OF THE PURCHASE PRICE LESS REASONABLE RENTAL FOR PAST USE. IN NO EVENT SHALL MULTICARE BE LIABLE FOR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS BY THE PURCHASER OR FOR UNAUTHORISED REPAIRS UNDERTAKEN BY THE PURCHASER.
WITHOUT MULTICARE ’S PREVIOUS WRITTEN APPROVAL IN NO EVENT SHALL MULTICARE BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, NEGLIGENCE, OR OTHERWISE. MULTICARE DISCLAIMS ANY OBLIGATION OR LIABILITY FOR LOSS OF USE OF THE PRODUCT WARRANTED, LOSS OF TIME, INCONVENIENCE, RENTAL OR SUBSTITUTE PRODUCTS, LOSS OF BUSINESS, LOSS OF INCOME, COMMERCIAL LOSS OR ANY OTHER DIRECT, CONSEQUENTIAL, SPECIAL OR INCIDENTAL
- Multicare undertake to service and maintain the equipment in accordance with the manufacturer’s recommendations and LOLER legislation.
- Terms and conditions for the servicing are available on request.
Governing Law: Notwithstanding principles of conflicts of law of any jurisdiction to the contrary, all terms and provisions of this Agreement are to be construed and governed according to English Law.