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Bledsoe Product Warranties

1. Product Line Limited Warranty
2. Ultimate Dynamic Custom Brace Limited Warranty


Bledsoe Brace Systems
Product Line Limited Warranty

ARTICLE I

LIMITED WARRANTY COVERAGE

Subject to the terms and conditions below, Medical Technology, Inc. d/b/a Bledsoe Brace Systems ("Bledsoe") hereby provides the following limited warranty. Bledsoe warrants to the Original Purchaser (defined in Article III below) that any of the following products purchased by the Original Purchaser: the Walking Boot, the Functional Brace and the Thruster OA Brace (each a "Product"), shall be free in all material respects from defects in material and workmanship during the warranty duration time period applicable to such Product as listed in Article II. Bledsoe agrees, as the Original Purchaser's sole remedy with respect to the Product, to repair or replace, at Bledsoe's sole discretion, any Product that is in breach of this warranty during the applicable warranty duration time periods after purchase by the Original Purchaser, subject to the terms and conditions below.

ARTICLE II

DURATION PERIODS OF LIMITED WARRANTY COVERAGE

All of the following duration periods of limited warranty coverage commence on the date the Original Purchaser purchases the applicable Product.

Post Operative Brace
90 days – soft goods
180 days – mechanical functionality/components

Walking Boots
90 days – soft goods
180 days – mechanical functionality/components

Functional Braces (OTS and Custom, Axiom Custom and Ultimate Dynamic Custom excluded)
90 days – soft goods
1 year – mechanical functionality/components
1 year – hinge functionality/components
5 years – against shell breakage*

Axiom and Axiom-D Custom Braces
90 days – soft goods
1 year – mechanical functionality/components
1 year – hinge functionality/components
Lifetime – against shell breakage*

Osteoarthritic Braces (OTS and Custom)
90 days – soft goods
1 year – mechanical functionality/components
3 years – hinge functionality/components

Spinal Orthosis Braces (Volare™)
90 days – material and workmanship
Lifetime – pulley system

* Shell breakage is defined as a complete fracture, of the shell, a significant ("visible") crack in the shell or a separation of a single shell component into multiple pieces, rendering the Product unfit for wear by the original patient. In the event that the Product is bent, or the shape is significantly altered from the original shape due to impact, patient activity or outside forces, it is considered to have fulfilled the commitment of this Product to provide protection to the patient and is not covered under this warranty.

ARTICLE III

TERMS AND CONDITIONS OF THE PRODUCT LINE LIMITED WARRANTY

Each Bledsoe Product is intended for the individual patient (the "Original Purchaser") that purchases the applicable Product from Bledsoe or authorized reseller of Bledsoe products within the limits of the specifications listed on the Product literature included with the Product. As a result, Bledsoe does not warrant and shall not be liable for any Product (a) that is used by anyone other than the Original Purchaser, (b) that is subjected to abuse, neglect, misuse, or accident, (c) that is modified from the original configuration of that Product, or (d) that is repaired or altered by anyone other than Bledsoe or by a person authorized by Bledsoe.

ARTICLE IV

MAKING A WARRANTY CLAIM

In the event the Original Purchaser wishes to have a Product repaired/replaced pursuant to the Product Line Limited Warranty, the Original Purchaser should contact the Bledsoe Customer Care Department ("Customer Care") at (800) 527-3666 within five (5) days of discovery of the problem related to the warranty issue. Customer Care will issue a Return Authorization ("RA") number to return the Product to Bledsoe at Bledsoe's expense. If upon evaluation by our Quality Assurance team and/or management and determination that the Product is covered by the Product Line Limited Warranty, the Product shall be repaired or replaced at the sole discretion of Bledsoe.

ARTICLE V

DISCLAIMER OF WARRANTIES

5.1 TO THE EXTENT ALLOWED BY APPLICABLE LAW, BLEDSOE'S LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING BLEDSOE'S NEGLIGENCE OR DEFECTIVE GOODS, IRRESPECTIVE OF WHETHER SUCH DEFECTS ARE DISCOVERABLE OR LATENT, SHALL BE LIMITED TO REPAIR OR REPLACEMENT, AT THE SOLE DISCRETION OF BLEDSOE. IN NO EVENT, INCLUDING IN THE CASE OF A CLAIM OF NEGLIGENCE, SHALL BLEDSOE BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES.

Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

5.2 TO THE EXTENT ALLOWED BY APPLICABLE LAW, THIS PRODUCT LINE LIMITED WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THE APPLICABLE PRODUCT. BLEDSOE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, AND SPECIFICALLY SHALL NOT BE LIABLE FOR ANY AND ALL INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES. THIS PRODUCT LINE LIMITED WARRANTY IS NOT TRANSFERABLE TO ANY PERSON OTHER THAN THE ORIGINAL PURCHASER OF THE APPLICABLE PRODUCT. TO THE EXTENT THE FOREGOING DISCLAIMERS ARE NOT ALLOWED BY APPLICABLE LAW, ANY IMPLIED WARRANTIES SHALL EXPIRE UPON THE EXPIRATION OF THE EXPRESS WARRANTIES SET FORTH ABOVE AND RECOURSE SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF THE APPLICABLE PRODUCT.

Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

ARTICLE VI

GOVERNING LAW

The rights and obligations of the parties hereto shall be construed, enforced and governed in accordance with the laws of the State of Texas. The parties hereby submit themselves to the exclusive jurisdiction of the state courts of Dallas County, Texas and the Federal District Court for the Northern District of Texas, Dallas Division. The parties waive all questions of personal jurisdiction and inconvenient forum for the purpose of carrying out this Product Line Limited Warranty. The parties hereby agree that service of process may be made upon any of them in any proceeding relating to or arising out of this Product Line Limited Warranty by any means allowed by Texas or Federal law. The parties further agree that venue for any proceeding relating to or arising out of this Product Line Limited Warranty shall be Dallas County, Texas.

ARTICLE VII

SEVERABILITY

If any provision of this Product Line Limited Warranty is held to be illegal, invalid, or unenforceable under present or future laws, such provision shall be fully severable. This Product Line Limited Warranty shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof, and the remaining provisions of this Product Line Limited Warranty shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Product Line Limited Warranty.

This warranty grants specific legal rights. Customers may also have other rights that vary from state to state.

Bledsoe Brace Systems
Ultimate Dynamic Custom Brace Limited Warranty

ARTICLE I

LIMITED WARRANTY COVERAGE

1.1 Basic Limited Warranty. Subject to the terms and conditions below, Medical Technology, Inc. d/b/a Bledsoe Brace Systems ("Bledsoe") hereby provides the following basic limited warranty (the "Basic Limited Warranty"). Bledsoe warrants to the Original Purchaser (defined in Article III below) that Ultimate Dynamic Custom Brace (the "Brace") shall be free in all material respects from defects in material and workmanship during the applicable warranty duration time periods listed in Article II. Bledsoe agrees, as the Original Purchaser's sole remedy with respect to the Brace, to repair or replace, at Bledsoe's sole discretion, any Brace that is in breach of this warranty during the applicable warranty duration time periods after purchase by the Original Purchaser, subject to the terms and conditions below.

1.2 Limited Guaranty. Subject to the terms and conditions below, Bledsoe hereby provides the following limited guaranty (the "Limited Guaranty"). If subsequent to an initial surgery (the "Initial Surgery") to repair an anterior cruciate ligament ("ACL") of the Original Purchaser, the Original Purchaser re-ruptures that ACL while wearing a duly registered Brace within the first year after the date of purchase of the Brace, Bledsoe shall pay the sum of one thousand dollars ($1,000) toward the cost of knee surgery to repair such ACL (the "Second Surgery") and supply the Original Purchaser with a replacement Brace following the Second Surgery.

ARTICLE II

DURATION PERIODS OF BASIC LIMITED WARRANTY COVERAGE

The following duration periods of the Basic Limited Warranty coverage commence on the date the Original Purchaser purchases the Brace.

Ultimate Dynamic Brace (Custom Version Only)
90 days – soft goods
1 year – mechanical functionality/components
1 year – hinge functionality/components
5 years – against shell breakage*

* Shell breakage is defined as a complete fracture, of the shell, a significant ("visible") crack in the shell or a separation of a single shell component into multiple pieces, rendering the Product unfit for wear by the original patient. In the event that the Product is bent, or the shape is significantly altered from the original shape due to impact, patient activity or outside forces, it is considered to have fulfilled the commitment of this Product to provide protection to the patient and is not covered under this warranty.

ARTICLE III

TERMS AND CONDITIONS OF THE ULTIMATE DYNAMIC CUSTOM BRACE LIMITED WARRANTY

3.1 The Brace is intended for the individual patient (the "Original Purchaser") that purchases the Brace from Bledsoe or authorized reseller of Bledsoe products within the limits of the specifications listed on the Product literature included with the Brace. As a result, Bledsoe does not warrant and shall not be liable for any Brace (a) that is used by anyone other than the Original Purchaser, (b) that is subjected to abuse, neglect, misuse, or accident, (c) that is modified from the original configuration of the Brace, or (d) that is repaired or altered by anyone other than Bledsoe or by a person authorized by Bledsoe. The conditions contained in this Section 3.1 apply to both the Basic Limited Warranty and the Limited Guaranty.

3.2 In order to be eligible for the Limited Guaranty, the Original Purchaser must comply with all of the following:

(a) The Original Purchaser must have purchased the Brace within six (6) months of the date of the Initial Surgery.

(b) The Original Purchaser is required to complete the enclosed guaranty card (the "Guaranty Card") and mail the Guaranty Card along with a copy of the original receipt for the Brace within sixty (60) days of the date the Original Purchaser purchases the Brace to the address of Bledsoe found in Article 4 below. The Limited Guaranty shall expire one (1) year from the date the Original Purchaser purchases the Brace. For Original Purchasers under the age of eighteen (18), the Guaranty Cards must include the signature of a parent or legal guardian.

(c) Only an Original Purchaser who has previously ruptured his or her ACL and has had ACL surgical reconstruction is eligible for the Limited Guaranty. The Original Purchaser must be wearing the Brace at the time he or she re-ruptures the ACL. The Original Purchaser must provide to Bledsoe a duly executed affidavit (the "Affidavit"), affirming: (1) the date of his or her Initial Surgery; (2) the date of re-injury; (3) that at the time of re-injury the Original Purchaser was wearing the Brace, which was duly registered in accordance with Section 3.3 above; (4) that the Brace was being worn as directed; and (5) the date of any required Second Surgery. The Original Purchaser's treating physician must also certify to the correctness of the information contained in the Affidavit.

(d) In order to be eligible for the Limited Guaranty, the Original Purchaser must return the Brace to Bledsoe within 30 days of the re-injury for inspection. The Original Purchaser must pre- pay shipping and costs, including insurance, for the return of the Brace. Bledsoe shall not be liable for risk, loss or damage during shipment of the returned Brace.

(e) NCAA and professional athletes are not eligible for the Limited Guaranty.

(f) In order to be eligible for the Limited Guaranty, the Original Purchaser must be a resident of the United States.

ARTICLE IV

MAKING A WARRANTY CLAIM

4.1 In the event the Original Purchaser wishes to have the Brace repaired/replaced pursuant to the Basic Limited Warranty, the Original Purchaser should contact the Bledsoe Customer Care Department ("Customer Care") at (800) 527-3666 within 5 days of discovery of the problem related to the warranty issue. Customer Care will issue a Return Authorization ("RA") number to return the Brace to Bledsoe at Bledsoe's expense. If upon evaluation by our Quality Assurance team and/or management and determination that the Brace is covered by the Basic Limited Warranty, outlined above, the Brace shall be repaired or replaced at the sole discretion of Bledsoe.

4.2 In the event the Original Purchaser wishes to obtain performance pursuant to the Limited Guaranty, the Original Purchaser should contact the Customer Care at (800) 527-3666 within15 days of re-injury and then mail the appropriate information and materials outlined in the terms and conditions above to the following address:

Bledsoe Brace Systems
2601 Pinewood Drive
Grand Prairie, TX
75051

ARTICLE V

DISCLAIMER OF WARRANTIES

5.1 TO THE EXTENT PERMITTED BY APPLICABLE LAW, BLEDSOE'S LIABILITY FOR ANY AND ALL LOSSES AND DAMAGES RESULTING FROM ANY CAUSE WHATSOEVER, INCLUDING BLEDSOE'S NEGLIGENCE OR DEFECTIVE GOODS, IRRESPECTIVE OF WHETHER SUCH DEFECTS ARE DISCOVERABLE OR LATENT, SHALL BE LIMITED TO THE TERMS AND CONDITIONS OF THIS ULTIMATE DYNAMIC CUSTOM BRACE LIMITED WARRANTY. IN NO EVENT, INCLUDING IN THE CASE OF A CLAIM OF NEGLIGENCE, SHALL BLEDSOE BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES.

Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

5.2 TO THE EXTENT ALLOWED BY APPLICABLE LAW, THIS ULTIMATE DYNAMIC CUSTOM BRACE LIMITED WARRANTY IS THE ONLY WARRANTY OR GUARANTY APPLICABLE TO THE BRACE. BLEDSOE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, AND SPECIFICALLY SHALL NOT BE LIABLE FOR ANY AND ALL INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES. THIS WARRANTY IS NOT TRANSFERABLE TO ANY PERSON OTHER THAN THE ORIGINAL PURCHASER OF THE BRACE. TO THE EXTENT THE FOREGOING DISCLAIMERS ARE NOT ALLOWED BY APPLICABLE LAW, ANY IMPLIED WARRANTIES SHALL EXPIRE UPON THE EXPIRATION OF THE EXPRESS WARRANTIES SET FORTH ABOVE AND RECOURSE SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF THE BRACE.

Some States do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

ARTICLE VI

GOVERNING LAW

The rights and obligations of the parties hereto shall be construed, enforced and governed in accordance with the laws of the State of Texas. The parties hereby submit themselves to the exclusive jurisdiction of the state courts of Dallas County, Texas and the Federal District Court for the Northern District of Texas, Dallas Division. The parties waive all questions of personal jurisdiction and inconvenient forum for the purpose of carrying out this Ultimate Dynamic Custom Brace Limited Warranty. The parties hereby agree that service of process may be made upon any of them in any proceeding relating to or arising out of this Ultimate Dynamic Custom Brace Limited Warranty by any means allowed by Texas or Federal law. The parties further agree that venue for any proceeding relating to or arising out of this Ultimate Dynamic Custom Brace Limited Warranty shall be Dallas County, Texas.

ARTICLE VII

SEVERABILITY

If any provision of this Ultimate Dynamic Custom Brace Limited Warranty is held to be illegal, invalid, or unenforceable under present or future laws, such provision shall be fully severable. This Ultimate Dynamic Custom Brace Limited Warranty shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part hereof, and the remaining provisions of this Ultimate Dynamic Custom Brace Limited Warranty shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Ultimate Dynamic Custom Brace Limited Warranty.

This warranty grants specific legal rights. Customers may also have other rights that vary from state to state.


©2009 Bledsoe Brace Systems. All Rights Reserved.