H&O Equipments CryoPen Series User Manual page 10

Liability waiver
Improper use, including excess freezing levels beyond those, which are recommended
or for an excessive duration, may result in bodily injury to clients/patients or to
operator. H&O Equipments nv/sa and their affiliates, respective directors, officers,
shareholders, employees, agents and contractors are not liable or responsible,
regardless of whether such liability or responsibility is based on breach of contract,
tort, strict liability, breach of warranties, failure of essential purpose, fundamental
breach or otherwise, for any death or injury, whether physical or mental, or for any
incidental, consequential, indirect, special or punitive damages, arising out of the
CryoPen/CryoProbe, its design, specifications, possession and use, and treatment
procedures, and whether or not any such death, injury, loss, damage(s) result from
the negligence, default or error in judgment by H&O Equipments nv/sa, their affiliates,
respective directors, officers, shareholders, employees, agents and contractors,
and even if advised of the possibility of such damages. You agree to indemnify
H&O Equipments nv/sa, their affiliates, respective directors, officers, shareholders,
employees, agents and contractors, from and against any and all liability, damages,
losses, costs, judgments, fines, penalties and expenses (including legal expenses) of
any kind or nature, including, without limitation, incidental, consequential, indirect,
special or punitive damages, arising out of claims, demands, actions, causes of action,
proceeding or suits, whether in law or in equity, due to any death, injury, loss, damage
or damages as hereinbefore referred to.
10