6. Warranties
6.1 The warranty period for Products shall be ninety (90) days from the reception of the delivery. Under this warranty Medix shall, at its own discretion and expense replace all defective Products, provided that the Customer promptly delivers all defective Products or a sufficient amount of specimens as determined by Medix to verify the defect or fault, to Medix’s business premises in Finland. The Customer shall be responsible for all delivery costs with respect to such Products, which shall be reimbursed by Medix in the event the defect or faults shall be deemed to be within the scope of this warranty. The Customer shall have the risk of loss and damage during the delivery for warranty correction purposes. For the purposes of this section 6.1, a Product shall be deemed to be defective only if it fails to conform to its specifications in any material respect. The warranty does not cover defects or faults attributable to: (a) external factors, e.g. accident, electricity, water, or caused by thunder or fire; (b) misuse of the Product or negligence or failure to follow instructions for the use; (c) alterations or modifications made by a party other than Medix; or (d) failure to comply with the storage instructions of the Product.
6.2 If it is established that the defect, fault or error reported by the Customer is not covered by the warranty, Medix shall have the right to charge for the error diagnosis and the related costs.
6.3 All third-party Products shall be delivered on an ”as is” –basis without a warranty of any kind. The sole obligation of Medix with respect to such Products shall be to assign all right related to the manufacturer’s, importer’s or sales representative’s warranty to the Customer.
6.4 MEDIX’S LIABILITY FOR ERRORS AND DEFECTS IN THE PRODUCTS AND THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES, SHALL BE LIMITED TO THE PERFORMANCE OF WARRANTY OBLIGATIONS UNDER THIS SECTION 6. EXCEPT AS REQUIRED BY THE MANDATORY PROVISIONS OF LAW, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE. MEDIX EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SAFETY, PRODUCT LIABILITY, AND SATISFACTORY QUALITY. THIS WARRANTY APPLIES SOLELY TO THE CUSTOMER.