Warranty - Invuity PhotonBlade Instructions For Use Manual

Warranty

INVUITY warrants, for the earlier of (i) the expiration date, if applicable, or (ii) one (1) year from the date of
purchase, that this medical device is free from defects in both material and workmanship when used normally
for its intended purposes. Suitability of the medical device for any surgical procedure shall be determined by
the user alone (in light of relevant instructions for use) and not by INVUITY, and such user shall be
responsible for understanding how to use the device for its intended purpose. In the event that purchaser
believes that any INVUITY medical device is defective, purchaser will promptly notify INVUITY. Any
INVUITY brand named instrument delivered from INVUITY proving to be defective will, as purchaser's
sole and exclusive remedy, be replaced at no charge or the amount paid refunded, at INVUITY's discretion,
so long as the defect is discovered and reported to INVUITY within the earlier of thirty (30) days of
discovery or one (1) year of purchase, and INVUITY determines that the product is defective and is covered
by the warranty. Notwithstanding, INVUITY shall not be responsible for normal wear and tear, including
minor cosmetic damage compromise or defect caused by re-sterilization. INVUITY does not repair, sharpen,
recoat or otherwise refurbish any used product. The foregoing limited warranty and limited obligation of
replacement is void and of no effect in the event that there is any modification made to the medical device or
the medical device is used for any purpose other than its intended purpose.
LIMITATION OF LIABILITY. INVUITY DOES NOT ACCEPT LIABILITY TO CUSTOMER OR ANY
THIRD PARTY BEYOND THE REMEDIES EXPRESSLY SET FORTH HEREIN, INCLUDING ANY
LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE. IN NO EVENT SHALL INVUITY
BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE, COSTS OF PROCUREMENT
OF SUBSTITUTE GOODS, OR ANY OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL, INDIRECT OR PUNITIVE DAMAGES, HOWEVER CAUSED AND UNDER ANY THEORY
OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM
BY ANY THIRD PARTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN.
CUSTOMER ACKNOWLEDGES UNDERSTANDING THAT NO OTHER REPRESENTATION OR
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCT AS TO
ITS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER MATTER,
EVEN WHEN APPLIED OR UTILIZED IN ACCORDANCE WITH ITS INSTRUCTIONS, ARE MADE
OR GIVEN BY INVUITY. AND INVUITY EXPRESSLY DISCLAIMS ALL SUCH
REPRESENTATIONS AND WARRANTIES.
Invuity, the Invuity logo, and PhotonBlade are registered trademarks of Invuity, Inc.
The products referenced in this document may be covered by one or more patents.
See: www.invuity.com/patents. All rights reserved.
IFU 12296 Rev C Invuity Customer Service: 866.711.7768 10