General Terms and Conditions
GENERAL INFORMATION. The Cherry system developed by Cherry Imaging Ltd ("Company" or "Cherry") is a novel 3D scientific imaging system for the aesthetic medical field ("System"). The System is inclusive of a proprietary 3D scanner ("Scanner"), a lap top computer suited for scanning ("Computer") and the proprietary Trace Software ("Trace"). The System should only be used according to the usage instructions specified in the User Manual provided by Cherry ("User Manual").
SAFETY WARNINGS. The Scanner utilizes flashing LED lights. Prior to use, each patient must be questioned regarding known sensitivities to flashing lights. Individuals sensitive to flashing lights should only be scanned with eye covers in place. In the event that eye covers are not sufficient to prevent a reaction to the flashing lights, use of the Scanner on such individuals should be discontinued. The Scanner SHOULD NOT be used on patients with epilepsy. The System should not be used in environments where it may be immersed in fluid or exposed to harsh conditions and must immediately be turned off and unplugged if smoke or excessive heat is detected. Please note that the cable connecting the Scanner's base and the Scanner hand piece is approximately 2.5 m long. Care should be taken to avoid tripping on the cable while using the System. The System must be operated only with its original parts or parts authorized by the manufacturer. When not in use, the Scanner hand piece must be placed in its base in order to protect the Scanner's lenses. The Scanner is to be used only with the Computer provided by the Company as part of the System.
IMPORTANT: THE SYSTEM IS NOT A MEDICAL DEVICE. IT IS NOT INTENDED TO BE USED AS A DIAGNOSTIC TOOL OR FOR THE TREATMENT OF ANY DISEASE OR MEDICAL CONDITION. ANY USE OF THE SYSTEM'S OUTPUTS ARE IN THE SOLE DISCRETION AND RESPONSIBILITY OF THE USER.
All data generated by the use of the System ("Data") shall be solely owned by the User. User shall be solely responsible to maintain, back up and protect the Data from any corruption or unauthorized use and for compliance with all applicable law and regulation related to privacy and data protection.
WARRANTY - Company provides a one-year warranty period (as of delivery) solely for the Scanner ("Warranty Period"). During the Warranty Period, Company warrants that the Scanner will be free from defects in material and workmanship. In the event that a malfunction or a defect is discovered in the Scanner during the Warranty Period, the Company may either repair or replace the Scanner or the defective components, at Company's discretion. Company will bear all shipping costs (less any applicable custom duties, taxes and any other costs associated with exporting or importing goods). Upon the lapse of the Warranty Period, User may purchase additional warranty for an extended period. This Warranty is the sole and exclusive warranty with respect to the Scanner.
Warranty does not cover: (i) damages caused due to accidents, misuse, usage not in accordance with User Manual, improper maintenance, use of third party components not authorized or supplied by Company, unauthorized repair, modification or disassembly, force majeure or any other cause outside Company's control; (ii) Cherry purchases the Computer from a third-party manufacturer and the Computer is subject to a one-year manufacturer warranty. Warranty is non-transferable and is limited to the original purchaser. In addition, any change or modification to the Scanner not expressly pre-approved by the Company in writing, is forbidden and could jeopardize the safety and accuracy of the System and will void the warranty.
COMPANY SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE OR DATA (WHETHER DIRECT OR INDIRECT) OR COMMERCIAL LOSS FOR BREACH OF ANY WARRANTY.
Company reserves the right to amend the terms set in these Term and Conditions and in the User Manual at its sole discretion.
The terms hereof shall be exclusively governed by the laws of the State of Israel. Any dispute arising under or in relation to the Purchase Order or any engagement between the parties shall be resolved exclusively by the competent courts of Tel-Aviv, Israel.