Smiths Medical level 1 Operator's Manual page 36

S E C T I O N 1 0 • L i m i t e d W a r r a n t y
D. Limitations and Exclusions: Repair or replacement of the Convective Warmer or any component
part thereof is the EXCLUSIVE remedy offered by the Manufacturer. The following exclusions and
limitations shall apply:
1. No agent, representative, or employee of the Manufacturer has authority to bind the
Manufacturer to any representation or warranty, expressed or implied.
2. To the maximum extent permitted by law, and except as otherwise expressly set forth in this
Warranty, Manufacturer makes no warranty or representation and there are no conditions,
express or implied, statutory or otherwise, of any kind whatsoever with respect to the
Convective Warmer, including but not limited to the merchantability of the Convective
Warmer or its fitness for any particular purpose or use, condition, quality, or performance, or
workmanship. Nothing contained in the Instructions for Use shall be construed to create an
express warranty of any kind whatsoever.
3. The Convective Warmer can only be used under the supervision of medical personnel whose
skill and judgment determine the suitability of the Convective Warmer for any particular
medical treatment.
4. All recommendations, information, and descriptive literature supplied by the Manufacturer
or its agents are believed to be accurate and reliable, but do not constitute warranties.
The Manufacturer disclaims responsibility for the suitability of the Convective Warmer for any particular
medical treatment or for any medical complications resulting from the use of the Convective Warmer.
The Manufacturer shall not be responsible for any incidental damages or consequential damages to
property, loss of profits, or loss of use caused by any defect or malfunction of the Convective Warmer.
Applies in US: Some states do not allow the exclusion or limitation of incidental or consequential
damages, so the limitations or exclusions in this section may not apply.
Applies outside the U.S.: Except as stated above, Manufacturer will not be liable for any loss or damage
(including costs) however caused, whether direct or consequential, incurred or suffered by the Original
Purchaser or any third party involving the Convective Warmer, but nothing contained herein will or
will be considered to exclude or restrict any liability on Manufacturer's part for death or personal injury
resulting from negligence.
This warranty gives the Original Purchaser specific legal rights, and the Original Purchaser may have
other legal rights which may vary from state to state.
38
Level 1®
CONVECTIVE WARMER
| Operator's Manual