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SECTION 9 SPECIFICATIONS AND WARRANTY

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9.3 Warranty

Aspect warrants to the initial Purchaser that the BIS VISTA monitor and the BISx

(“Warranted Product”) will be free from defects in workmanship or materials, when given

normal, proper, and intended usage for a period of one year (“Warranty Period”) from the

date of its initial shipment to Purchaser. Excluded from this warranty are expendable

components and supply items such as, but not limited to, electrodes, cables, and prep

solutions. Aspect’s obligations under this warranty are to repair or replace any Warranted

Product (or part thereof) that Aspect reasonably determines to be covered by this warranty

and to be defective in workmanship or materials provided that the Purchaser has given

notice of such warranty claim within the Warranty Period and the Warranted Product is

returned to the factory with freight prepaid. Repair or replacement of Products under this

warranty does not extend the Warranty Period.

To request repair or replacement under this warranty, Purchaser should contact Aspect

directly (see contact information on the back cover of this manual). Aspect will authorize

Purchaser to return the Warranted Product (or part thereof) to Aspect. Aspect shall

determine whether to repair or replace Products and parts covered by this warranty and all

Products or parts replaced shall become Aspect’s property. In the course of warranty service,

Aspect may but shall not be required to make engineering improvements to the Warranted

Product or part thereof. If Aspect reasonably determines that a repair or replacement is

covered by the warranty, Aspect shall bear the costs of shipping the repaired or replacement

Product to Purchaser. All other shipping costs shall be paid by Purchaser. Risk of loss or

damage during shipments under this warranty shall be borne by the party shipping the

Product. Products shipped by Purchaser under this warranty shall be packaged in the original

shipping container or equivalent packaging to protect the Product. If Purchaser ships a

Product to Aspect in unsuitable packaging, any physical damage present in the Product on

receipt by Aspect (and not previously reported) will be presumed to have occurred in transit

and will be the responsibility of Purchaser.

This warranty does not extend to any Warranted Products or part thereof: that have been

subject to misuse, neglect, or accident; that have been damaged by causes external to the

Warranted Product, including but not limited to failure of or faulty electrical power; that

have been used in violation of Aspect’s instructions; that have been affixed to any

nonstandard accessory attachment; on which the serial number has been removed or made

illegible; that have been modified by anyone other than Aspect; or that have been

disassembled, serviced, or reassembled by anyone other than Aspect, unless authorized by

Aspect. Aspect shall have no obligation to make repairs, replacements, or corrections which

result, in whole or in part, from normal wear and tear. Aspect makes no warranty (a) with

respect to any products that are not Warranted Products, (b) with respect to any products

purchased from a person other than Aspect or an Aspect-authorized distributor or (c) with

respect to any product sold under a brand name other than Aspect Medical Systems, Inc.

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Aspect BIS VISTA Spécifications Page 83