Limited Warranty - Smiths Medical CADD-Solis Operator's Manual

Limited Warranty

Smiths Medical MD, Inc. (the "Manufacturer") warrants to
the Original Purchaser that the CADD®-Solis Ambulatory
Infusion Pump ("Pump"), not including accessories, shall
be free from defects in materials and workmanship under
normal use, if used in accordance with this Operator's
Manual, for a period of two years from the actual date of
sale to the Original Purchaser. THERE ARE NO OTHER
WARRANTIES.
This warranty does not cover normal wear and tear and
maintenance items, and specifically excludes batteries,
administration sets, extension sets or any other accessory
items or equipment used with the Pump.
Subject to the conditions of and upon compliance with this
Limited Warranty, the Manufacturer will repair or replace
at its option without charge (except for a minimal charge for
postage and handling) any Pump (not including accessories)
which is defective if a claim is made during such two-year
period.
The following conditions, procedures, and limitations apply
to the Manufacturer's obligation under this warranty:
A. Parties Covered by this Warranty: This warranty
extends only to the Original Purchaser of the Pump. This
warranty does not extend to subsequent purchasers. The
Original Purchaser may be a patient, medical personnel,
a hospital, or institution which purchases the Pump for
treatment of patients. The Original Purchaser should retain
the invoice or sales receipt as proof as to the actual date of
purchase.
B. Warranty Performance Procedure: Notice of the
claimed defect must be made in writing or by telephone to
the Manufacturer as follows: Customer Service Department,
Smiths Medical MD, Inc., 1265 Grey Fox Road, St. Paul, MN
55112, (800) 426-2448 (USA, Canada) or Smiths Medical
International Ltd. WD24 4LG, UK, +44 (0)1923 246434.
Notice to the Manufacturer must include date of purchase,
model and serial number, and a description of the claimed
defect in sufficient detail to allow the Manufacturer to
determine and facilitate any repairs which may be necessary.
AUTHORIZATION MUST BE OBTAINED PRIOR TO
RETURNING THE PUMP. If authorized, the Pump must
be properly and carefully packaged and returned to the
Manufacturer, postage prepaid. Any loss or damage during
shipment is at the risk of the sender.
C. Conditions of Warranty: The warranty is void if the
Pump has been 1) repaired by someone other than the
Manufacturer or its authorized agent; 2) altered so that its
stability or reliability is affected; 3) misused; or, 4) damaged
by negligence or accident. Misuse includes, but is not limited
to, use not in compliance with the Operator's Manual or use
with nonapproved accessories. The Pump is a sealed unit,
and the fact that the seal has been broken will be considered
conclusive evidence that the Pump has been altered or
misused. Removal or damage to the Pump's serial number
will invalidate this warranty.
D. Limitations and Exclusions: Repair or replacement of
the Pump or any component part thereof is the EXCLUSIVE
remedy offered by the Manufacturer. The following exclusions
and limitations shall apply:
1. No agent, representative, or employee of the
Manufacturer has authority to bind the Manufacturer to
any representation or warranty, expressed or implied.
2. THERE IS NO WARRANTY OF MERCHANTABILITY
OR FITNESS OR USE OF THE PUMP FOR ANY
PARTICULAR PURPOSE.
3. The Pump can only be used under the supervision of
medical personnel whose skill and judgment determine
the suitability of the Pump for any particular medical
treatment.
4. All recommendations, information, and descriptive
literature supplied by the Manufacturer or its agents are
believed to be accurate and reliable, but do not constitute
warranties.
E. Computer Program License:
1. The Pump is intended to be used in conjunction with
a particular Licensed Computer Program supplied
by Manufacturer and use of any other program or
unauthorized modification of a Licensed Computer
Program shall void Manufac turer's warranty as set forth
above.
2. The Original Purchaser and any users authorized by the
Original Purchaser are hereby granted a nonexclusive,
nontransferable license to use the Licensed Computer
Program only in conjunction with the single Pump
supplied by Manufacturer. The Licensed Computer
Program is supplied only in machine-readable object
code form and is based upon Manufacturer's proprietary
confidential information. No rights are granted under
this license or otherwise to decompile, produce humanly
readable copies of, reverse engineer, modify or create
any derivative works based upon the Licensed Computer
Program.
3. All other terms and conditions of this Limited Warranty
shall apply to the Licensed Computer Program.
The Manufacturer disclaims responsibility for the suitability
of the Pump for any particular medical treatment or for any
medical complications resulting from the use of the Pump.
The Manufacturer shall not be responsible for any incidental
damages or consequential damages to property, loss of profits,
or loss of use caused by any defect or malfunction of the
Pump.
This warranty gives the Original Purchaser specific legal
rights, and the Original Purchaser may have other legal rights
which may vary from state to state.
Warranty
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