nutri-tube™, LLC. warrants to the original purchaser only that each new nutri-tube™ product is free from manufacturing defects in material and workmanship at the earlier of (a) the time of delivery to the first purchaser, or (b) the expiration date stated on any product labeling. For purposes of this warranty, “original purchaser” means the person or entity that receives and pays for the product directly from nutri-tube™.

 

If any covered defect occurs during the warranty period, the purchaser should communicate directly with the nutri-tube™ home office. If purchaser seeks to invoke the terms of this warranty, the product must be returned to nutri-tube™ at its home office. The defective product should be returned promptly, properly packaged and postage prepaid. Loss or damage in return shipment to nutri-tube™ shall be purchaser’s risk. Nutri-tube™ sole responsibility under this warranty shall be repair or replacement, at nutri-tube™('s) sole discretion, subject to the terms of this warranty and only after nutri-tube™ has inspected and confirmed that the product is defective. IN NO EVENT SHALL NUTRI-TUBE™ BE LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION WITH THE ACQUISITION OR USE OF ANY NUTRI-TUBE™ PRODUCT. Further, this warranty shall not apply to, and nutri-tube™ shall not be responsible for, any loss arising in connection with the purchase or use of any nutri-tube™ product that has been altered or repaired by anyone other than an nutri-tube™ authorized representative, or which has been subject to misuse, negligence or accident, or which has been used otherwise than in accordance with the instructions furnished by nutri-tube™. THIS LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON nutri-tube™(’S) PART, AND NUTRI-TUBE™ NEITHER ASSUMES NOR AUTHORIZES ANY REPRESENTATIVE OR OTHER PERSON TO ASSUME FOR IT ANY OTHER LIABILITY IN CONNECTION WITH AMT’S PRODUCTS.

 

NUTRI-TUBE™ DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION OR WARRANTY OF QUALITY AS WELL AS ANY EXPRESS OR IMPLIED WARRANTY TO PATIENTS. No warranty or guarantee may be created by any act, statement, labeling or product literature, nor may this Standard Warranty be modified in any way, except as a result of a writing signed by an officer of nutri-tube™. These limitations on the creation or modification of this warranty may not be waived or modified orally or by any conduct.