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Terms and Conditions

  1. TRAINING: Customer shall receive a one day complimentary training session per system (Arasys, Perfector or Ion Magnum) purchased. Training is limited to three trainees when trainer conducts training in the customer’s facility and up to five trainees when training is conducted at an Arasys Perfector International Training Seminar Training for all eligible trainees must be completed within the same training session. Customer is responsible for all training expenses if Trainer conducts training outside his/her home area. Additional training will be offered at a fee specified below.
  2. OPERATION OF EQUIPMENT: Customer shall be responsible for the proper operation of the Equipment. Customer shall operate the Equipment in a reasonably competent manner in compliance with the manual for the Equipment. Customer shall comply with all applicable rules, laws and regulations applicable to the operation of the Equipment.
  3. TECHNICAL SUPPORT & THE LOANER PROGRAM: If technical Support is needed, the customer shall call 866-25-YOUNG between 9am and 11pm Eastern time. Technical Support will troubleshoot the issue by phone. The Customer will work with Technical Support by phone first to try and resolve the issue. If Technical Support cannot resolve the issue by phone and the Customer must return their Equipment for evaluation and/or repair a loaner will be shipped to the customer to use while the customer’s equipment is shipped to an authorized diagnostic and/or repair center. Before returning Equipment for service, Customer must obtain a Return Goods Authorization from Technical Support. Technical Support will send the customer the instructions for shipping their equipment for service, receiving the loaner and returning the loaner after receipt of the customer’s repaired or serviced system. A loaner can only be authorized and shipped after the customer has completed an online Loaner Agreement at www.arasysperfector.com/support and paid a deposit. Insurance, shipping and handling costs to be paid by Customer.
  4. INFRINGEMENT OF INDEMNITY: Company will defend and indemnify Customer against a claim that Equipment infringes a United States copyright or patent, provided that: (a) Customer notifies Company in writing within thirty (30) days of the claim; (b) Company has sole control of the defense and all related settlement negotiations; and© Customer provides Company with the assistance, information and authority necessary to perform Company’s obligations under this Section. Reasonable out-of-pocket expenses by Customer in providing such assistance will be reimbursed by Company. Company shall have no liability for any claim for infringement based on use of Equipment altered by Customer. In the event the Equipment is held or believed by the Company to infringe, Company shall have the option, at its expense, to (a) modify the Equipment to be non-infringing; (b) obtain for the customer a license to continue using the Equipment; or© refund the purchase price of the Equipment. This Section states Company’s entire liability and Customer’s exclusive remedy for infringement, misappropriation or related claims.
  5. WARRANTY: (a) New Equipment Warranty – Company warrants to the original purchaser of Equipment that, for the Warranty Period of one year full warranty for parts and labor and limited lifetime warranty on internal parts for the Arasys, Perfector, or Ion Magnum and three months warranty on all accessories including Arasys and Ion Magnum cables, Perfector probes, and Perfector leads, the warranty confirms that the equipment will be free from material defect in materials and workmanship. (b) Extended Warranty – Company warrants to the original purchaser of the Extended Warranty that, for the Warranty Period of one year full warranty for parts and labor and limited lifetime warranty on internal parts for the Arasys, Perfector or Ion Magnum, the warranty confirms that the equipment will be free from material defect in materials and workmanship. (c) Equipment Upgrade Warranty – Company warrants to the original purchaser of Equipment that, for the Warranty Period of six months full warranty for parts and labor and limited lifetime warranty on internal parts for the Arasys, Perfector or Ion Magnum, the warranty confirms that the equipment will be free from material defect in materials and workmanship. (d) The foregoing warranties are made subject to the proper installation, operation and maintenance of the Equipment in accordance with installation instructions and the manual supplied to the Customer. Warranty claims must be made by the Customer in writing with thirty (30) days of the Manifestation of a problem. The Company’s sole obligation under the foregoing Warranty is, at Company’s option, to repair, replace or correct any such defect that was present at time of delivery, or to remove the Equipment and to refund the purchase price to Customer. (e) The “Warranty Period” begins on the date the equipment is delivered and continues for the period specified in 8(a), 8(b), or 8© above. (f) Any repairs under this warranty must be conducted by an authorized Company service representative. (g) Excluded from the warranty are repairs required due to abuse, accidents, misuse, misapplication, storage damage, negligence, or modification of the Equipment or its components. (h) Company does not authorize any person or party to assume or create for it any other obligation or liability in connection with Equipment except as set forth herein. (i) THE INDEMNITY IN SECTION 7 AND WARRANTIES IN SECTION 8 ABOVE IS EXCLUSIVE AND IN LIEU OF ALL OTHER INDEMNITIES OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. (j) Warranties are NOT transferable.
  6. LIMITED LIFE TIME WARRANTY: Company warrants to the original purchaser of Equipment a limited life time warranty on all major internal parts of Equipment. This warranty does not include any labor shipping charges necessary to repair or replace defective parts. Warranty is NOT transferable.
  7. RETURN POLICY: All sales of Arasys, Perfector, Ion Magnum, probes, cables and accessories are final. No returns or refunds will be given. Refer to the warranty sections of the Purchase Order for information regarding coverage and procedures for defective equipment and/or accessories.
  8. EXCHANGE POLICY: An Arasys may be exchanged for an Ion Magnum within the first 15 days of receipt of the Arasys by the Customer subject to advance approval
    by the Ion Genius (DBA Arasys Perfector LLC; Ion Magnum LLC) CEO and subject to the following terms and conditions:
    • An Exchange Fee must be paid by the Customer that is determined by and at the discretion of Ion Genius (DBA Arasys Perfector LLC; Ion Magnum LLC) prior
      to the Customer receiving exchange approval. Customer will incur additional shipping costs of the new unit.
    • Unit can not be returned to Ion Genius LLC (DBA Arasys Perfector LLC; Ion Magnum LLC) without advance approval of an exchange.
    • Unit must be in Factory New Condition and complete with all accessories, and original packaging. The cost of any repairs and or replacement of missing
      accessories will be added to the exchange fee. Units returned without original packaging will be refused and an exchange will not be approved or allowed.
    • Unit must be returned to us at your cost for insurance, shipping and handling via courier INSURED for full value. Please retain the tracking number for your
      records.
    • If more than 30 days has elapsed since receipt of item (based on courier records) under no circumstances will an exchange be approved or allowed.
      Ion Genius (DBA Arasys Perfector LLC; Ion Magnum LLC) reserves the right to accept or reject any exchange request at its discretion.
  9. USED EQUIPMENT: Under no circumstances will Ion Genius LLC (DBA Arasys Perfector LLC; Ion Magnum LLC) buy back, exchange or refund used equipment.
  10. LIMITATION OF LIABILITY: In no event shall Company be liable for any indirect, incidental, exemplary, punitive, special or consequential damages, or damages including without limitation for loss of profits, business, goodwill, revenue or use incurred by customer or any third party, whether in an action in contract, or tort, or otherwise even if advised of the possibility of such damages. The total liability of company to customer in connection with this agreement for any and all causes of actions and claims, including, without limitation, breach of contract, breach of warranty, negligence, strict liability, misrepresentation and other torts, shall be limited to the lesser of: (a) direct damages proven by customer; or (b) the purchase price of the equipment.
  11. DISCLAIMER OF WARRANTY: Except as specifically set forth in the agreement, company makes no warranties, expressed or implied, as to any company products, services, Equipment or documentation. Company specifically disclaims any and all implied warranties; including without limitation any implied warranties of merchantability, fitness for a particular purpose, or title or non-infringement of third party rights. Warranty is NOT transferable.
  12. SERVICE MARKS, TRADEMARKS AND NAME: Customer shall not (a) use any service mark or trademark of Company; or (b) refer to Company in connection with any advertising, promotion, press release or publication unless it obtains Company’s prior written approval.
  13. GOVERN BY LAW: This agreement shall be governed by the laws of the State of Hawaii without regard to its choice of law principles.