Warranty And Service Information; Proprietary Notice; Warranty; Limited Warranty - Smiths Medical BCI SPECTRO2 10 Operation Manual

Warranty and Service Information

Warranty and Service Information

Proprietary Notice

Information contained in this document is copyrighted by Smiths Medical PM, Inc. and may not be
duplicated in full or part by any person without prior written approval of Smiths Medical PM, Inc.
Its purpose is to provide the user with adequately detailed documentation to efficiently install,
operate, maintain, and order spare parts for the device supplied. All information contained in this
document is believed to be current and accurate as of the date of publication or revision, but does
not constitute a warranty.

Warranty

Limited Warranty

Smiths Medical PM, Inc. ("Seller") warrants to the original purchaser that the Product, not
including accessories, shall be free from defects in material and workmanship under normal use,
if used in accordance with its labeling, for three years from the date of shipment to the original
purchaser.
Seller warrants to the original purchaser that the reusable oximeter sensors supplied as
accessories, shall be free from defects in materials and workmanship under normal use, if used
in accordance with its labeling, for one year from the date of shipment to the original purchaser
(USA only).

Disclaimer of Warranties

THE FOREGOING EXPRESS WARRANTY, AS CONDITIONED AND LIMITED, IS IN LIEU OF AND
EXCLUDES ALL OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED, BY OPERATION OF
LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Seller disclaims responsibility of the suitability of the Product for any particular medical treatment
or for any medical complications resulting from the use of the Product. This disclaimer is dictated
by the many elements which are beyond Seller's control, such as diagnosis of patient, conditions
under which the Product may be used, handling of the Product after it leaves Seller's possession,
execution of recommended instructions for use and others.

Conditions of Warranty

This warranty is void if the Product has been altered, misused, damaged by neglect or accident,
not properly maintained or recharged, or repaired by persons not authorized by Seller. Misuse
includes, but is not limited to, use not in compliance with the labeling or use with accessories not
manufactured by Seller. This warranty does not cover normal wear and tear and maintenance
items.

Limitation of Remedies

The original purchaser's exclusive remedy shall be, at Seller's sole option, the repair or
replacement of the Product. THIS IS THE EXCLUSIVE REMEDY. In no event will Seller's liability
arising out of any cause whatsoever (whether such cause is based on contract, negligence,
strict liability, tort or otherwise) exceed the price of the Product and in no event shall Seller
be responsible for consequential, incidental, or special damages of any kind or nature
whatsoever, including but not limited to, lost business, revenues, and profits.
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