Integra Cusa Excel Service Manual page 212

5. Limitation of Liability.
5.1. INTEGRA's sole responsibility under the warranties described in Section 1 shall
be repair or replacement, at INTEGRA's sole discretion at INTEGRA's expense,
subject to the terms of this warranty and applicable agreements. THE WARRANTIES
DESCRIBED IN SECTION 1 HEREOF ARE EXCLUSIVE AND ARE GIVEN AND
ACCEPTED IN LIEU OF ALL OTHER WARRANTIES OF INTEGRA OR ITS
SERVICE AGENTS WITH RESPECT TO THE QUALITY, PERFORMANCE AND
OPERATION OF THE EQUIPMENT, WRITTEN OR ORAL, EXPRESS OR
IMPLIED, AND WHETHER OR NOT ATTRIBUTABLE TO SERVICE
PERFORMED PURSUANT TO THE WARRANTY. ALL OTHER
REPRESENTATIONS OR WARRANTIES OF INTEGRA OR ITS
REPRESENTATIVES, EXPRESS OR IMPLIED, WITH RESPECT TO THE
EQUIPMENT OR THE SERVICES, DIAGNOSIS, ADVICE, ASSISTANCE OR
PARTS TO BE TENDERED PURSUANT TO THE WARRANTY, INCLUDING,
WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED. IN NO
EVENT SHALL INTEGRA, ITS ASSIGNEES OR SERVICE AGENTS BE LIABLE
FOR LOSS OF USE, REVENUE OR PROFIT OR ANY OTHER INDIRECT,
INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, SPECIAL OR OTHER
DAMAGES, WHETHER ARISING IN CONTRACT OR IN TORT, BY VIRTUE OF
THE WARRANTY OR ANY PERFORMANCE OR BREACH BY INTEGRA, ITS
ASSIGNEES OR SERVICE AGENTS HEREUNDER OR PURSUANT HERETO.
5.2. Customer agrees that, notwithstanding the technical assistance provided pursuant
to the Warranty by Integra or its representatives, Customer shall be fully and solely
responsible for all treatments performed or attempted with the Equipment. INTEGRA
MAKES NO REPRESENTATION OR WARRANTY AS TO THE EFFICACY OF
THE EQUIPMENT OR OF THE TECHNICAL ASSISTANCE TO BE RENDERED
BY INTEGRA, ITS ASSIGNEES OR SERVICE AGENTS, FOR PURPOSES OF
THE PARTICULAR TREATMENT THAT CUSTOMER INTENDS TO PERFORM
FOR THIRD PARTIES. Moreover, Integra disclaims any liability with respect to the
efficacy of the Equipment or of said technical assistance or with respect to any claims
by third parties related to any treatment performed by Customer.
5.3. THIS INTEGRA LIMITED WARRANTY IS EXCLUSIVE AND IN LIEU OF
ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND OF ALL OTHER
OBLIGATIONS OR LIABILITIES ON INTEGRA'S PART OR THE PART OF ITS
DISTRIBUTORS, AND INTEGRA NEITHER ASSUMES NOR AUTHORIZES
ANY REPRESENTATIVE OR OTHER PERSON TO ASSUME FOR IT ANY
OTHER LIABILITY IN CONNECTION WITH INTEGRA'S PRODUCTS.
INTEGRA DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF
FITNESS FOR A PARTICULAR PURPOSE OR APPLICATION OR WARRANTY
OF QUALITY AS WELL AS ANY EXPRESS OR IMPLIED WARRANTY TO
PATIENTS. No warranty or guarantee may be created by any act or statement nor may
this Standard Warranty be modified in any way, except as a result of a writing signed
by an officer of INTEGRA. These limitations on the creation or modification of this
warranty may not be waived or modified orally or by any conduct.
5.4 IN NO EVENT SHALL INTEGRA AUTHORIZED DISTRIBUTORS BE
LIABLE TOWARDS CUSTOMER FOR ANY INCIDENTAL, INDIRECT,
CONSEQUENTIAL OR PUNITIVE DAMAGES IN CONNECTION WITH THE
ACQUISITION OR USE OF ANY INTEGRA PRODUCT. Further, this warranty
shall not apply to, and INTEGRA authorized distributors shall not be responsible
towards Customer for, any loss, arising in connection with the purchase or use of any
INTEGRA product that has been repaired by anyone other than an authorized
INTEGRA service representative or altered in any way so as to affect its stability or
reliability, or which has been subject to misuse, negligence or accident, or which has
been used otherwise than in accordance with the instructions furnished by INTEGRA.
CUSA EXcel Ultrasonic Surgical Aspirator System Service Manual A-3