Limited Product Warranty
Unless a product-specific warranty is provided directly from Alphatec Spine, Inc. (“ATEC”) in writing or from a third party manufacturer, ATEC warrants to Hospital that the products it provides under this Agreement are: (a) manufactured and packaged in compliance with applicable medical device laws and regulations; (b) of merchantable quality; and (c) fit for the use set forth in the applicable instructions for use and labeling (“IFU”) (the “Limited Product Warranty”).
OTHER THAN THE LIMITED PRODUCT WARRANTY, ATEC MAKES NO OTHER REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS (INCLUDING INSTRUMENTS AND DISPOSABLE ITEMS) AND ALL OTHER WARRANTIES ARE EXPRESSLY AND SPECIFICALLY EXCLUDED AND DISCLAIMED.
Conditions of Warranty
The Limited Product Warranty applies to the original purchaser. In order to be eligible for the Limited Product Warranty, the product (including instruments used to implant the product) must have been: (a) if stored at the Hospital’s facility, stored as required by the IFU or in such conditions as to avoid damage, spoilage, and contamination; (b) used in accordance with the IFU; (c) used with ATEC instruments, consumables, and parts; or (d) not modified since delivery. The Limited Product Warranty will not apply to any product or instrument that ATEC requested for return, such as for replacement, calibration, or recall, and that Hospital failed to return. The Limited Product Warranty shall not apply to instruments that are used with products not supplied by ATEC.
If a product fails to conform with the Limited Product Warranty, ATEC will, at its sole option and expense, correct, repair, or replace the nonconforming product. This shall be the Hospital’s sole remedy for a products failure to conform to the Limited Product Warranty. To make a warranty claim, Hospital is to contact ATEC’s customer service and provide details regarding the product, the claimed defect, evidence of defect, return the product and, if applicable, product complaint information. Product return must be made with return authorization from ATEC to ensure appropriate processing.
For warranty reporting and product return procedures, please see the then-current ATEC Product Return Policy found in this Agreement or requested from Customer Service.
Address shipments to ATEC’s Carlsbad location at:
ATEC Spine, Inc.
1950 Camino Vida Roble
Carlsbad, CA 92008
Attn: Returns; RMA#[FILL IN NUMBER]