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Cable Agreement

CABLE DIAGNOSTICS AND REPAIR AGREEMENT

When you confirm your Jazz Imaging repair order, you acknowledge that you have read this agreement and agree to be bound by its terms. If the party named in the order confirmation is a corporation, institution or other legal entity, you represent that you are authorized on behalf of such entity to bind such entity to this subscription agreement. This is an agreement between you (the individual, corporation, institution or other legal entity identified in the order confirmation via the Jazz Imaging website) and Jazz Imaging. Jazz Imaging reserves the right to refuse acceptance of your order and the terms of this agreement.

SCOPE

This agreement covers the evaluation and attempted repair of a Jazz Solo Sensor that either has visible cable damage or is no longer functioning and is Out of Warranty.

Jazz Imaging agrees to test the Sensor, remove the cable and determine if a new cable may fix the sensor. In the event that the Sensor is deemed repairable Jazz Imaging will replace the cable, run an Acceptance Test and return the Sensor to the Customer.

PAYMENT

Customer agrees that the Evaluation and Repair fee is due prior to sending the Sensor to Jazz Imaging. In the event that the Sensor is not repairable or that a Customer agrees not to replace the cable then 50% of the fee shall be refunded to the Customer.

CABLE REPAIR WARRANTY

If a Sensor cable is successfully repaired, Jazz Imaging will provide a 90 day warranty on the cable for failure due to a manufacturing defect. This warranty does not apply to damage or abuse due to misuse, including not using holders.

REPAIR & DIAGNOSTICS TIMES

Although we aim to get your device repaired / diagnosed as quickly as possible, the service can sometimes take longer than anticipated. We normally aim to diagnose and repair within 3-10 business days but sometimes the repair can take longer. We will not be held responsible for any repairs that exceed our estimated completion time. We will make every effort to inform you if we expect a delay in our service. If you would like a status update please get in touch with our support team.

GUARANTEES

Jazz Imaging does not guarantee that Sensors will be repairable or that it will pass Acceptance Tests after repair. However, Jazz Imaging will make all attempts to repair the sensor in good faith.

In the event that a Sensor is determined to be unrepairable or that the Sensor may not pass Acceptance Tests the Customer will be notified. If the cable is not replaced Jazz Imaging will return the non-functional Sensor to the Customer, upon request. The Sensor will no longer be in working condition and will no longer have a cable.

Limitation of Liability. Jazz Imaging makes no other guarantees or warranties of any kind relating to the repair Service and expressly disclaims all warranties whether express or implied, written or oral, with respect to the repair Service and the Sensor, including warranty of merchantability or fitness for a particular purpose. The maximum liability of Jazz Imaging arising out of providing the repair Service or its use, whether based on warranty, contract, indemnity, tort or otherwise, shall not exceed all payments received by Jazz Imaging from you under this agreement to the event giving rise to the claim.

In no event shall Jazz Imaging be liable for special, incidental or consequential damages including without limitation lost revenues or profits, business interruption, loss of data or the cost of substitute products or services.

General Terms. The following additional terms shall be applicable to your subscription to the Jazz CLUB Service:

Force Majeure. Each party shall be excused from performing its obligations (except for payment obligations) arising from any delay or default caused by events beyond its reasonable control including, but not limited to, acts of God, acts of third parties, acts of any civil or military authority, fire, floods, war, embargoes, labor disputes, acts of sabotage, riots, accidents, delays of carriers, subcontractors or suppliers, voluntary or mandatory compliance with any government act, regulation or request, shortage of labor, materials or manufacturing facilities.

Governing Law. This agreement shall be governed by the laws of the state of California. EACH PARTY, KNOWINGLY AND AFTER CONSULTATION WITH COUNSEL, FOR ITSELF AND ITS SUCCESSSORS AND ASSIGNS, WAIVES ALL RIGHT TO TRIAL BY JURY OF ANY CLAIM ARISING WITH RESPECT TO THIS AGREEMENT OR ANY MATTER RELATED IN ANY WAY THERETO.

Entire Agreement. This Agreement and the order confirmation constitute the entire understanding and agreement by and between the parties with respect to the transactions contemplated hereby, and supersede any previous understandings or agreements between the parties, whether written or oral, regarding the transactions contemplated hereby. No additional terms, conditions, consents, waivers, alterations, or modifications shall be binding unless in writing and signed by the parties. Additional or different terms and conditions, whether stated in your purchase order or other document issued by you, are specifically rejected and shall not apply to the transactions contemplated hereby.

Severability. If any provision of this Agreement is deemed to be illegal, unenforceable, or invalid, in whole or in part, the validity and enforceability of the remaining provisions shall not be affected or impaired, and shall continue in full force and effect.

Performance. The failure of you or of Jazz Imaging at any time to require the performance of any obligation hereunder will not affect the right to require such performance at any time thereafter.

Obligations. Your obligations are independent of any other obligations you may have under any other agreement, contract or account with Jazz Imaging. You will not exercise any right of offset in connection with this subscription agreement or in connection with any other agreement, contract or account with Jazz Imaging.

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June 16, 2020 11:17 AM PDT

Cable Agreement Uploaded by Todd Miller - todd@jazzimaging.com IP 93.115.200.32