Accumetrics VerifyNow User Manual page 2

VerifyNow System User Manual
Limited Warranty and Disclaimer
Accumetrics warrants that for one year from the time of shipment, the Products (a) are of
good quality and free from defects, whether patent or latent, in design, materials or
workmanship, (b) are fit and sufficient for the use they are intended for, as such intended use
is described in the accompanying Product documentation, and (c) have received all
governmental approvals necessary for sale of such Product for the use it is intended for, as
such intended use is described in the accompanying Product documentation. The foregoing
warranty shall be void if the Product has been subjected to: (i) physical abuse, misuse,
abnormal use, or use not consistent with the accompanying Product documentation,
(ii) modification by anyone other than Accumetrics or third parties designated by Accumetrics;
(iii) tampering, unusual physical stress, negligence or accidents; or (iv) improper packaging
of returns. OTHER THAN AS WARRANTED UNDER THIS SECTION, THE PRODUCTS
ARE PROVIDED "AS IS." ACCUMETRICS MAKES NO OTHER WARRANTIES RELATING
TO THE PRODUCTS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF
LAW, BY STATUTE OR OTHERWISE, AND EXPRESSLY EXCLUDES ANY IMPLIED
WARRANTY OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR
MERCHANTABILITY.
Limitation of Liability
IN NO EVENT SHALL ACCUMETRICS BE LIABLE TO BUYER OR ANY THIRD PARTIES
FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, CONTINGENT, STATUTORY OR
ANY OTHER SPECIAL DAMAGES. ACCUMETRICS'S LIABILITY FOR DAMAGES ON
ACCOUNT OF A CLAIMED DEFECT IN ANY PRODUCT DELIVERED BY ACCUMETRICS
SHALL IN NO EVENT EXCEED THE PURCHASE PRICE OF THE PRODUCT ON WHICH
THE CLAIM IS BASED. SPECIFICALLY, AND WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, ACCUMETRICS SHALL NOT BE RESPONSIBLE OR LIABLE TO
BUYER OR ANY THIRD PARTY FOR ANY LOST PROFITS, OR ANY CONSEQUENTIAL,
INCIDENTAL, PUNITIVE, CONTINGENT, STATUTORY OR ANY OTHER SPECIAL
DAMAGES FOR ANY BREACH OF WARRANTY OR OTHER BREACH OF
ACCUMETRICS'S OBLIGATIONS UNDER THIS AGREEMENT. ACCUMETRICS SHALL
NOT BE LIABLE FOR DAMAGES RELATING TO ANY INSTRUMENT, EQUIPMENT, OR
APPARATUS NOT SUPPLIED BY ACCUMETRICS WITH WHICH THE PRODUCT SOLD
UNDER THIS AGREEMENT IS USED.
Copyright © 2006 Accumetrics. All Rights Reserved. US Pat. D 409,758 and others pending.
Document No. 14340.J 2008-07-11
VerifyNow System User Manual Page 2 14340.J