12.1 In the absence of any product specific warranty, Philips warrants to the Customer the good quality of any hardware Product, for a period of one year as from the date of Customer acceptance or first patient use, whichever occurs first, but in no event for more than fifteen (15) months from the date of despatch, against defects which appear therein provided that the Product(s) had been subject to proper use and maintenance, and which arise solely from faulty materials or workmanship. For any vacuum articles, including but not limited to, x-ray tubes, camera tubes and image intensifiers which by their nature have a short lifetime, this product warranty is subject to the Customer paying a pro rata portion of the usual price of such article. Furthermore this warranty is not applicable to replacement parts, hardware upgrades and / or consumables for which specific warranty conditions apply.
12.2 Any Product warranty is made on condition that Philips receives written notice of a defect during the warranty period and within ten (10) days of the discovery of the defect by the Customer, and, if so requested, the defective Product or parts have been returned to an address or location stipulated by Philips. Such defective parts shall become Philips' property as soon as they have been replaced.
12.3 Philips’ obligations under any Product warranty shall be limited, at Philips’ option, to the repair or the replacement of the Products or a portion thereof, in which case replacements parts shall be new or equivalent to new in performance, or to a refund of a pro rata portion of the purchase price paid by the Customer.
12.4 Philips’ obligations under any Product warranty do not apply to any defects resulting from:
(a) improper or inadequate maintenance, configuration or calibration by the Customer or its agents;
(b) Customer or third party supplied software, interfaces or supplies;
(c) use, operation, modification or maintenance of the Products other than in accordance with Philips’ applicable Product specifications and written instructions;
(d) abuse, negligence, accident, loss;
(e) damage in transit;
(f) improper site preparation;
(g) unauthorised maintenance or modifications to the Products, including any unauthorised attachment of hardware and software thereto;
(h) any damage to the Products or any medical or other stored data caused by an external source regardless of its nature, including but not limited to (i) hacking; or (ii) improper or incomplete application by the Customer of Philips’ instructions on product security and/or (iii) viruses or similar software interference resulting from the connection of the Products to a network or use of removable devices.
12.5 Philips does not provide a warranty for any third party Products furnished to the Customer by Philips. However, in the event that Philips, pursuant to its license agreement or purchase agreement with such third party, is entitled to warranty and service remedies, Philips shall use reasonable efforts to extend to the Customer the third party warranty and service remedies for such Products.