Liability for defects

  1. The liability for functional defects, material or production faults shall, unless otherwise provided in condition no. 2 below, expire 12 months from the date of installation of the product at the end-customer, and maximum 24 months from the date of the invoice from XO CARE A/S to the XO PARTNER.
  2. XO CARE A/S’ liability for defects in XO FLOW and XO FLEX 2022 edition units is extended to 24 months from the date of installation if
    1. XO CARE A/S has received a copy of the “XO Installation Report” duly completed and legible
    2. or the installation has been documented using XO Service App and for XO FLEX, 2022 edition units
    3. a copy of “XO Preventive Service Check List” performed at the latest 14 months after the date of installation can be provided.
  3. XO CARE A/S’ liability for repaired products shall expire 6 months from the date of the invoice from XO CARE A/S.
  4. XO CARE A/S is not liable for any defect due to ordinary wear and tear, or if the instructions in the accompanying documents on handling, cleaning, disinfection, sterilization, service or installation have not been adhered to.
  5. XO CARE A/S provides no warranty if the products are installed or repaired by persons who are not certified by XO CARE A/S, or if parts and consumables, which are not supplied or approved by XO CARE A/S for this purpose, are used in the products, or if any modification is made to the products.
  6. Claims involving product defects for products manufactured by third party and sold by XO CARE A/S under the trademark of the manufacturer will be processed according to the concerned manufacturer’s warranty policies.
  7. XO CARE A/S replaces or repairs defective parts free of charge but is not liable for costs associated with replacement of parts as well as freight and travel expenses.
  8. Should the dismounting or mounting of XO products result in unintended work or other operations to other products than that of the consignment, XO CARE A/S will not be chargeable for the costs nor will XO CARE A/S undertake the work itself.
  9. Defective parts to be replaced according to product defects liability are at the disposal of XO CARE A/S and will become the property of XO CARE A/S.
  10. XO CARE A/S’ liability for defects is limited to the invoiced price for the defective part of the consignment.
  11. XO CARE A/S is not responsible for loss of profits, delays, lost earnings or any other indirect loss.
  12. XO CARE A/S expressly disclaims liability for equipment and/or software products not provided by XO CARE A/S or interoperability with such equipment or software in connection with the XO FLOW products or services, including but not limited to damages, direct or indirect loss, consequential loss, operational loss, loss of profits, loss of or leak of data and/or product liability suffered in connection with use of XO FLOW products or services. XO CARE A/S is not responsible for breakdowns, operational disruptions and/or attacks caused by a third party or third party equipment or software or other factors outside XO CARE A/S’ reasonable control, such as power failures, errors on equipment, connection failure (including internet-, telecommunications- and network failure), cyber-attacks, hacking or similar.