11.0 Warranty - Datex-Ohmeda Tec 5 Operation And Maintenance Manual

11.0 Warranty

Such warranties are extended only with respect to the purchase of this Product directly from Datex-
Ohmeda or Datex-Ohmeda's Authorized Dealers as new merchandise and are extended to the first
Buyer thereof, other than for purpose of resale.
For a period of three (3) years from the date of original delivery to the first Buyer or to Buyer's order,
this Product, other than its expendable parts, is warranted against functional defects in materials and
workmanship and to conform to the description of the Product contained in the Operation and
Maintenance manual and accompanying labels and/or inserts, provided that the same is properly
operated under conditions of normal use, that regular periodic maintenance is performed and that
replacements and repairs are made in accordance with the instructions provided. This same warranty is
made for a period of thirty (30) days with respect to expendable parts.
The foregoing warranties shall not apply if the Product has been repaired or serviced other than by
Datex-Ohmeda or other than in accordance with written instructions provided by Datex-Ohmeda, or
altered by anyone other than Datex-Ohmeda, or if the Product has been subject to abuse, misuse,
negligence, or accident.
Datex-Ohmeda's sole and exclusive obligation and the Buyer's sole and exclusive remedy under the
above warranties is limited to repairing or replacing, free of charge, at Datex-Ohmeda's option, a
Product, which is confirmed as being defective by Datex-Ohmeda following the Buyer's notification to
Datex-Ohmeda in accordance with the instructions contained in the Service Policy section of the
Operation and Maintenance Manual, not later than seven (7) days after the expiration date of the
applicable warranty. Datex-Ohmeda shall not be otherwise liable for any damages including but not
limited to incidental damages, consequential damages, or special damages.
There are no express or implied warranties which extend beyond the warranties herein above set
forth. Datex-Ohmeda makes no warranty of merchantability or fitness for a particular purpose with
respect to the Product or parts thereof.
Vaporizers which include an Abbott List No. on the rear of the interlock block were initially distributed
by:
Abbott Laboratories
Abbott Park
Chicago
Illinois 60064 - 3500
Tec 5 Vaporizer
O & M Manual Part No. 1105-0100-000
Page 31
August 1999