ERD, LLC takes reasonable care in delivering products and services in a condition as described in quotes and invoices. Unless noted to the contrary, all equipment and services are warranted to continue to perform within the requested specifications for 90 – ninety days from date of delivery. This warranty is subject to the following limitations: Damages that arise in shipping be settled with the shipper; equipment that is abused or misused and not handled with the ordinary care appropriate to precision medical instruments; equipment that has been opened with internal components exposed; and any special warnings or conditions noted in writing by ERD. ERD’s liability extends to the repair or replacement of equipment at the sole discretion of ERD. Given the nature of the used medical equipment market, if ERD chooses to replace a piece of equipment it will do so with a like piece of equipment if it is available to ERD at the time, otherwise ERD reserves the right to replace the defective piece of equipment with another make or model of substantially similar or better specifications. Warranty services are performed at ERD’s place of business.
Limitation of Liability
In no event will ERD, its affiliates, suppliers, or other third parties be liable for any bodily harm, loss of life or consequential damages whatsoever (including, without limitation, those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of equipment and services supplied by ERD, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages.