Limited Product Warranty

College Park Industries, Inc., a Michigan corporation at 17505 Helro Drive, Fraser, MI 48026 (“Company”) hereby provides its Limited Warranty for each of the various types of prosthetic feet which it sells, i.e. Accent®, Accent® DP, Celsus™, Onyx®, Soleus®, Trés®, Tribute®, Truper®, Trustep®, Venture® and Velocity™ (each unit being a “Foot”). The Company, as set forth below, hereby provides its limited warranty, to the Foot’s original user, that the Foot is free from defects in materials and workmanship. The length of the Limited Warranty Period varies depending on the type of Foot and patient’s weight as summarized in the chart below.

1. Commences on date of purchase.
2. A Foot is not intended for use by patients bearing more than the specified Maximum Permitted Accumulated Weight (the patient’s body weight plus any lifted or supported weight). This Limited Warranty does not apply when failure of a Foot is attributable to a patient bearing more than the Maximum Permitted Accumulated Weight.

Limited Product Warranty

This Limited Warranty covers all components of the Foot, including bones, bumpers, bushings, bolts and screws, but does NOT include the Socks, Sealing Boots, Foot Shells, Exo Blocks or other accessories which will be replaced in the sole discretion of the Company. The Company hereby provides a two-year Limited Warranty for the Dynamic Pylon and Dynamic Pylon Adaptors on the Accent DP and Onyx. This Limited Warranty is not transferable.

The exercise of this Limited Warranty is further conditioned, in part, upon the patient adequately and timely (1) reporting the claim of a defect and (2) returning the Foot to a prosthetist recognized by the Company (“Recognized Prosthetist”). The Recognized Prosthetist shall undertake, with the patient, to process that claim with the Company. Upon discovery of a possible defect, the patient shall immediately notify the Recognized Prosthetist, and, within 30 days from discovery, shall notify the Company, in writing, therein describing all current claims that the patient may have with respect to the Foot and/or any of its components and accessories. Failure to properly give such notices shall automatically constitute full waiver of all claims and warranties by the patient and any person taking action on the patient’s behalf. If a Foot needs repair or replacement, due to a defect in workmanship or materials, a Return Authorization Number must be obtained from the Company and the Foot sent, by the Recognized Prosthetist, postage prepaid, to College Park Industries, Inc., 17505 Helro Drive, Fraser, MI, 48026 U.S.A. The original order date, patient name and weight must be included with the Foot.

The Foot will either be repaired or replaced at the Company’s option. The repaired or replacement Foot will continue to be covered under this Limited Warranty for the remaining duration of the warranty period that commenced on the date of purchase. Unless otherwise specified at the time of replacement, replacement parts, not otherwise covered by this Limited Warranty, will have a 90 day limited warranty, commencing on the Company’s shipment date, subject to the same limitations as are set forth in this Limited Warranty.

This Limited Warranty does not apply to ordinary wear and tear except for bumpers and bushings. Bumpers and bushings will be replaced by the Company during the Limited Warranty Period regardless of reason for repair or replacement. No warranty or other liability is provided or accepted by the Company including those otherwise arising for prosthetic services such as fitting, adjusting or maintaining the Foot, or for any other acts of omission or commission by the Recognized Prosthetist or other prosthetist.

No person, employee, contractor, agent, distributor, dealer or company is authorized to change, modify, or extend the terms of this Limited Warranty in any manner whatsoever. The Company is not liable for indirect, incidental, or consequential damages in connection with the use of the Foot. These damages include, without limitation, loss, damage, or expense attributable to loss of use of the Foot, loss or damage to property other than the Foot, loss of expected income, loss from business disruption, or other commercial or personal loss due to any cause, even if the Company has been advised of the possibility of such damages, in connection with the Foot, or any use of the Foot (except for liability for consequential damages to the extent that by law such may not be disclaimed).

This Limited Warranty will not apply if a failure(s) of the Foot is attributable to (a) neglect, (b) accident (c) misuse, (d) use for applications beyond design specifications, (e) use for purposes other than those expressed or intended by current product literature, (f) abuse, (g) modification or alteration to any component of the Foot other than in accordance with the Company’s written instructions, (h) exposure of the Foot to fire, water, corrosive materials such as salt water and PH extremes, or to other conditions beyond the environmental and operating constraints specified by the Company, (i) improper installation of the Foot, (j) failure to follow the most current Gait Matching Guidelines that may result in inappropriate component selection (k) failure to satisfy the pre-conditions or other requirements contained herein, (l) failure to strictly comply with the Company’s instructions including its Technical Instructions, (m) anatomical, physiological and/or volumetric changes in the patient such as changes in the patient’s weight or in the size or shape of the patient’s limb, (n) use by anyone other than the original user; (o) failure to follow recommended inspection and maintenance schedules or (p) any other applicable reason.

WITH THE EXCEPTION OF THE FOREGOING EXPRESS LIMITED WARRANTY, TO THE EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, STATE LAW IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO EXPRESS OR IMPLIED WARRANTIES, GUARANTEES, AGREEMENTS OR SIMILAR OBLIGATIONS OF THE COMPANY, WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE OF THIS LIMITED WARRANTY. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THIS LIMITED WARRANTY SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINING PROVISIONS HEREOF.

©2012 College Park Industries, Inc. All rights reserved. Celsus, Velocity and iPecs are trademarks of College Park Industries, Inc. Trustep, Soleus, Onyx, Venture, Accent, Tribute, Truper, and Trés are registered trademarks of College Park Industries, Inc., registered in the U.S. and other countries.