Service Terms and Conditions

EXPRESS PREMIUM LIMITED WARRANTY

Transferable Limited Warranty and Service Benefit (referred to as “Premium Limited Warranty”): Zimmer Surgical, Inc. and Zimmer US, Inc. (referred to as “Zimmer Surgical”) warrant that the product referred to in the Purchase Order (referred to as “product” or “the product”) will, under normal and reasonable use, be free from defects in material and workmanship for the term between one and five years that is stated in the Purchase Order for the warranty. If there is no term stated in the Purchase Order, then the term of this Premium Limited Warranty is one year from the date of sale for the warranty. This Premium Limited Warranty may be purchased on the date the product is sold, but may also be purchased separately within one year of the date the product is sold. The applicable term of this Premium Limited Warranty is referred to throughout this document as the “Premium Limited Warranty Period.”

If Zimmer Surgical determines that the Buyer and/or User has made reasonable efforts to use the product in compliance with its Instructions for Use, including the Intended Uses, and if the product sustains accidental damage (when all these conditions have been met, this is referred to as “accidental damage”), then Zimmer Surgical shall, at its sole option, repair or replace the product according to the terms, conditions and processes set forth in this Premium Limited Warranty.

This Premium Limited Warranty covers capital accessories that are referred to in the Purchase Order for the product, and the terms “product” or “the product” include these capital accessories. This Premium Limited Warranty does not cover accessories that are intended to be single-use consumable components, disposable components, or those (such as filters) that are intended to be replaced through routine maintenance or in the normal course of product use. If the original warranty period for the capital accessories is shorter than one year from the date of sale by Zimmer Surgical, this Premium Limited Warranty begins to run the day after the expiration of the warranty period for the capital accessories and continues to run for the full Premium Limited Warranty Period that applies to the product the accessories accompanied.

If Zimmer Surgical is given notice of a defect in materials or workmanship occurring during the Premium Limited Warranty Period, or of accidental damage occurring during the Premium Limited Warranty Period, then Zimmer Surgical shall, at its sole option, repair or replace the product(s) (including any applicable parts and labor costs). Replacement products shall be a reasonably similar current product and may not exactly match the original. Parts replaced under this Premium Limited Warranty shall become the property of Zimmer Surgical. If a replacement product or part is provided by Zimmer Surgical when there is time remaining in the Premium Limited Warranty Period, then the replacement product or part shall be covered only by this Premium Limited Warranty and only for the remainder of the original Premium Limited Warranty Period on the product being replaced.

Limitation of Warranty.
ZIMMER SURGICAL MAKES NO OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS PREMIUM LIMITED WARRANTY IS THE EXCLUSIVE WARRANTY FOR THE PRODUCT DURING THE PREMIUM LIMITED WARRANTY PERIOD, AND SUPERSEDES ANY OTHER WARRANTY TERMS.

THIS WARRANTY SHALL NOT APPLY TO ANY PRODUCT THAT HAS BEEN ALTERED OR MODIFIED IN ANY WAY, OR THAT HAS BEEN SUBJECTED TO MISUSE OR ABUSE. THIS WARRANTY DOES NOT COVER DAMAGE CAUSED BY ACCIDENT OR NEGLECT, UNLESS THE SITUATION MEETS THE CONDITIONS OF THE TERM “ACCIDENTAL DAMAGE” AS DEFINED ABOVE. FAILURE TO COMPLY WITH THE INSTRUCTIONS FOR USE THAT APPLY TO THE PRODUCT VOIDS ALL WARRANTIES, UNLESS THE SITUATION MEETS THE CONDITIONS OF THE TERM “ACCIDENTAL DAMAGE” AS DEFINED ABOVE. IF THE SITUATION DOES NOT MEET THE CONDITIONS OF THE TERM “ACCIDENTAL DAMAGE” AS DEFINED ABOVE, THEN FAILURE TO COMPLY WITH THE INSTRUCTIONS FOR USE THAT APPLY TO THE PRODUCT VOIDS ALL WARRANTIES UNLESS IT IS CLEARLY ESTABLISHED BY THE BUYER OR USER OF THE PRODUCT THAT THE DEFECT OR FAILURE IS UNRELATED TO SUCH NONCOMPLIANCE. Some states do not allow limitations on the duration of an implied warranty, so all of the above limitations may not apply to you.

Limitation of Liability.
This Extended Limited Warranty sets forth the maximum liability for the product. IN NO EVENT (INCLUDING WHERE THIS PREMIUM LIMITED WARRANTY IS DEEMED NOT TO APPLY TO THE SALE OR PRODUCT IN QUESTION) SHALL ZIMMER SURGICAL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES RESULTING FROM THE SALE OR USE OF ANY ZIMMER SURGICAL PRODUCTS. THIS LIMITATION OF LIABILITY SHALL BE APPLICABLE TO ANY CLAIM PRESENTED TO ZIMMER SURGICAL WHETHER THE LEGAL THEORY FORMING THE BASIS OF SUCH CLAIM INVOLVES CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Limitation of Remedy.
THE EXCLUSIVE REMEDY OF BUYER AND/OR USER, AND THE EXCLUSIVE LIABILITY OF ZIMMER SURGICAL FOR ANY AND ALL CLAIMS, LOSSES, INJURIES OR DAMAGES (INCLUDING CLAIMS BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE) RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT SHALL BE, AT THE SOLE OPTION OF ZIMMER SURGICAL, THE REPAIR OR REPLACEMENT OF THE PRODUCT, AS PROVIDED HEREIN. IN NO EVENT SHALL THE LIABILITY OF ZIMMER SURGICAL EXCEED THE PRICE PAID FOR THE PRODUCT. Some states do not allow the exclusion or limitation of damages, so the above limitation or exclusion may not apply to you. 

If Zimmer Surgical provides any of the remedies identified in this Premium Limited Warranty (repair or replacement of the product), then Buyer and/or User agree that this limitation of remedy shall not have failed of its essential purpose.

Prompt Notice of Claim.
Buyer and/or User must notify Zimmer Surgical promptly when a basis for claim is discovered or should have been discovered. Any claims otherwise covered by the foregoing warranties, but for which Zimmer Surgical did not receive prompt notice, shall be barred. If a basis for claim is or should have been discovered near the end of the Premium Limited Warranty Period, then notice must be given promptly, and in no case more than 10 days after the expiration of the Premium Limited Warranty Period. Any claims otherwise covered by the foregoing warranties, but for which Zimmer Surgical did not receive notice within 10 days after the expiration of the Premium Limited Warranty Period, shall be barred.

Premium Limited Warranty Claim Procedure.
If you have a warranty claim for a defect in materials or workmanship or a claim for accidental damage occurring during the Premium Limited Warranty Period, please notify the Zimmer Surgical Customer Service Department by using www.service.zimmer.com or www.contact.zimmer.com. Please provide details about the nature of the problem and include the product serial number. Upon receipt of this information, Zimmer will provide a date for service or a return shipping authorization.

Your compliance with these steps will help to assure that you receive prompt service.

No Statement of Useful Life.
This Premium Limited Warranty is not a statement of the useful life of any Zimmer Surgical products.

Entire Agreement.
This Premium Limited Warranty and the Purchase Order/s for the product and the Premium Limited Warranty are the entire agreement between Zimmer Surgical and the Buyer or User with respect to the product during the Premium Limited Warranty Period. Buyer and User agree that they are not relying on any statement, agreement, writing, warranty or representation, whether written or oral, other than those contained in this Premium Limited Warranty and the Purchase Order/s.

No Amendment.
This Premium Limited Warranty may not be altered or amended in any way except in writing by an officer of Zimmer Surgical.

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EXPRESS EXTENDED LIMITED WARRANTY

Transferable Extended Limited Warranty (referred to as “Extended Limited Warranty”): Zimmer Surgical, Inc. and Zimmer US, Inc. (referred to as “Zimmer Surgical”) warrant that the product referred to in the Purchase Order (referred to as “product” or “the product”) will, under normal and reasonable use, be free from defects in material and workmanship for the term between one and four years that is stated in the Purchase Order for the warranty. If there is no term stated in the Purchase Order, then the term of this Extended Limited Warranty is one year. This Extended Limited Warranty may be purchased on the date the product is sold, but may also be purchased separately within one year of the date the product is sold.

The applicable term of this Extended Limited Warranty is referred to throughout this document as the “Extended Limited Warranty Period.” This Extended Limited Warranty Period begins to run on the day immediately following the expiration of the original warranty issued for the product at the date of sale by Zimmer Surgical. For all products that may be covered by this Extended Limited Warranty, that original warranty expires one year after the date of sale by Zimmer Surgical. This means that in all cases, the Extended Limited Warranty Period begins to run one year and one day after the date of sale of the product by Zimmer Surgical.

This Extended Limited Warranty covers capital accessories that are referred to in the Purchase Order for the product, and the terms “product” or “the product” include these capital accessories. This Extended Limited Warranty does not cover accessories that are intended to be single-use consumable components, disposable components, or those (such as filters) that are intended to be replaced through routine maintenance or in the normal course of product use. If the original warranty period for the capital accessories is shorter than one year from the date of sale by Zimmer Surgical, this Extended Limited Warranty begins to run the day after the expiration of the warranty period for the capital accessories and continues to run for the full Extended Limited Warranty Period that applies to the product the accessories accompanied.

If Zimmer Surgical is given notice of a defect in materials or workmanship occurring during the Extended Limited Warranty Period, then Zimmer Surgical shall, at its sole option, repair or replace the defective product(s) (including any applicable parts and labor costs). Replacement products shall be a reasonably similar current product and may not exactly match the original. Parts replaced under this Extended Limited Warranty shall become the property of Zimmer Surgical. If a replacement product or part is provided by Zimmer Surgical when there is time remaining in the Extended Limited Warranty Period, then the replacement product or part shall be covered only by this Extended Limited Warranty and only for the remainder of the original Extended Limited Warranty Period on the product being replaced.

Limitation of Warranty.
ZIMMER SURGICAL MAKES NO OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS EXTENDED LIMITED WARRANTY IS THE EXCLUSIVE WARRANTY FOR THE PRODUCT DURING THE EXTENDED LIMITED WARRANTY PERIOD, AND SUPERSEDES ANY OTHER WARRANTY TERMS. THIS WARRANTY SHALL NOT APPLY TO ANY PRODUCT THAT HAS BEEN ALTERED OR MODIFIED IN ANY WAY, OR THAT HAS BEEN SUBJECTED TO MISUSE OR ABUSE. THIS WARRANTY DOES NOT COVER DAMAGE CAUSED BY ACCIDENT OR NEGLECT. FAILURE TO COMPLY WITH THE INSTRUCTIONS FOR USE THAT APPLY TO THE PRODUCT VOIDS ALL WARRANTIES UNLESS IT IS CLEARLY ESTABLISHED BY THE BUYER OR USER OF THE PRODUCT THAT THE DEFECT OR FAILURE IS UNRELATED TO SUCH NONCOMPLIANCE. Some states do not allow limitations on the duration of an implied warranty, so all of the above limitations may not apply to you.

Limitation of Liability.
This Extended Limited Warranty sets forth the maximum liability for the product. IN NO EVENT (INCLUDING WHERE THIS EXTENDED LIMITED WARRANTY IS DEEMED NOT TO APPLY TO THE SALE OR PRODUCT IN QUESTION) SHALL ZIMMER SURGICAL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES RESULTING FROM THE SALE OR USE OF ANY ZIMMER SURGICAL PRODUCTS. THIS LIMITATION OF LIABILITY SHALL BE APPLICABLE TO ANY CLAIM PRESENTED TO ZIMMER SURGICAL WHETHER THE LEGAL THEORY FORMING THE BASIS OF SUCH CLAIM INVOLVES CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Limitation of Remedy.
THE EXCLUSIVE REMEDY OF BUYER AND/OR USER, AND THE EXCLUSIVE LIABILITY OF ZIMMER SURGICAL FOR ANY AND ALL CLAIMS, LOSSES, INJURIES OR DAMAGES (INCLUDING CLAIMS BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE) RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT SHALL BE, AT THE SOLE OPTION OF ZIMMER SURGICAL, THE REPAIR OR REPLACEMENT OF THE PRODUCT, AS PROVIDED HEREIN. IN NO EVENT SHALL THE LIABILITY OF ZIMMER SURGICAL EXCEED THE PRICE PAID FOR THE PRODUCT. Some states do not allow the exclusion or limitation of damages, so the above limitation or exclusion may not apply to you.

If Zimmer Surgical provides any of the remedies identified in this Extended Limited Warranty (repair or replacement of the product), then Buyer and/or User agree that this limitation of remedy shall not have failed of its essential purpose.

Prompt Notice of Claim.
Buyer and/or User must notify Zimmer Surgical promptly when a basis for claim is discovered or should have been discovered. Any claims otherwise covered by the foregoing warranties, but for which Zimmer Surgical did not receive prompt notice, shall be barred. If a basis for claim is or should have been discovered near the end of the Extended Limited Warranty Period, then notice must be given promptly, and in no case more than 10 days after the expiration of the Extended Limited Warranty Period. Any claims otherwise covered by the foregoing warranties, but for which Zimmer Surgical did not receive notice within 10 days after the expiration of the Extended Limited Warranty Period, shall be barred.

Extended Limited Warranty Claim Procedure.
If you have a warranty claim for a defect in materials or workmanship occurring during the Extended Limited Warranty Period, please notify the Zimmer Surgical Customer Service Department by using www.service.zimmer.com or www.contact.zimmer.com. Please provide details about the nature of the problem and include the product serial number. Upon receipt of this information, Zimmer will provide a date for service or a return shipping authorization.

Your compliance with these steps will help to assure that you receive prompt warranty service.

No Statement of Useful Life.
This Extended Limited Warranty is not a statement of the useful life of any Zimmer Surgical products.

Entire Agreement.
This Extended Limited Warranty and the Purchase Order/s for the product and the Extended Limited Warranty are the entire agreement between Zimmer Surgical and the Buyer or User with respect to the product, for all times beginning one year and one day after the date of sale of the product by Zimmer Surgical. Buyer and User agree that they are not relying on any statement, agreement, writing, warranty or representation, whether written or oral, other than those contained in this Extended Limited Warranty and the Purchase Order/s.

No Amendment.
This Extended Limited Warranty may not be altered or amended in any way except in writing by an officer of Zimmer Surgical.