LIABILITY WAIVER, DISCLAIMER & CUSTOMER ACKNOWLEDGMENT
H&H Company performs instrument reconditioning, sharpening, and repair services using industry-standard methods and reasonable care. Reconditioned instruments are not new and may exhibit reduced performance, sharpness, durability, or service life compared to new instruments.By submitting this form or sending instruments to H&H Company for service, the Customer acknowledges that they have read, understand, and agree to the terms of this Liability Waiver, Disclaimer & Customer Acknowledgment.
1. Inspection & Acceptance - Customer is solely responsible for thoroughly inspecting, testing, and verifying the condition and suitability of all serviced instruments immediately upon receipt. Any issues must be reported in writing within seven (7) days of delivery. Failure to provide written notice within this period constitutes acceptance of the instruments in their serviced condition.
2. No Warranties - Serviced instruments are provided “AS IS” after reconditioning. H&H Company makes no warranties, express or implied, including, but not limited to, any warranties of merchantability, fitness for a particular purpose, or non-infringement. Performance and service life depend upon the original condition of the instrument, prior maintenance, frequency of use, sterilization procedures, and proper handling by the Customer.
3. Limitation of Liability - TO THE MAXIMUM EXTENT PERMITTED BY LAW, H&H COMPANY’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO ITS SERVICES OR ANY SERVICED INSTRUMENT (INCLUDING CLAIMS BASED ON NEGLIGENCE) SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY THE CUSTOMER FOR THE SPECIFIC REPAIR OR RECONDITIONING SERVICE PERFORMED ON THE AFFECTED INSTRUMENT(S). IN NO EVENT SHALL H&H COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF USE, PATIENT INJURY, OR MALPRACTICE CLAIMS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
4. Indemnification - Customer agrees to indemnify, defend, and hold harmless H&H Company, its owners, officers, employees, agents, successors, and affiliates from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to the possession, use, misuse, maintenance, failure, or alleged defect of any serviced instrument after it has been returned to the Customer.
5. Sterilization Requirements & Regulatory Compliance - Customer is solely responsible for ensuring that all serviced instruments are properly cleaned, sterilized, inspected, packaged, maintained, and compliant with all applicable federal, state, and local laws, regulations, and accepted clinical standards prior to any patient use.
6. Incoming Instrument Decontamination Requirements - For the safety of H&H Company personnel, all instruments submitted for service must be cleaned, sterilized, and individually packaged in a sterilization pouch containing a valid sterilization indicator. Instruments received that do not meet these requirements may be sterilized by H&H Company prior to service and will be assessed a sterilization fee of $3.00 per instrument.