Important Safety Information Read This First; Operator's Responsibility For Patient Safety; Limitation Of Liability - Dräger Evita 2 dura Ventilation Plus Addendum

Important Safety Information

Operator's Responsibility for Patient Safety

Limitation of Liability

Important Safety Information
Operator's Responsibility for Patient Safety
For correct and effective use of the product and in
order to avoid hazards it is mandatory to carefully
read and to observe all portions of this manual.
The design of the intensive care ventilators this product
is intended to be used with, accompanying literature,
and the labeling on the equipment take into considera-
tion that the purchase and use of the equipment are
restricted to trained professionals, and that certain
inherent characteristics of the equipment are known to
the trained operator. Instructions, warnings, and
caution statements are limited, therefore, largely to the
specifics of the Draeger design. This publication
excludes references to various hazards which are
obvious to a medical professional and operator of
respiratory care equipment, to the consequences of
misuse of such equipment, and to potentially adverse
effects in patients with abnormal conditions. Product
modification or misuse can be dangerous. Draeger
Medical, Inc. disclaims all liability for the consequences
of product alterations or modifications, as well as for
the consequences which might result from uses of the
product not covered by its intended use or from the
combination of this product with other products
whether supplied by Draeger or by other manufacturers
if such a combination is not endorsed by Draeger Medi-
cal, Inc..
The operators of ventilator systems must recognize
their responsibility for choosing appropriate safety
monitoring that supplies adequate information on equip-
ment performance and patient condition. Patient safety
may be achieved through a wide variety of different
means ranging from electronic surveillance of equip-
ment performance and patient condition to simple, di-
rect observation of clinical signs. The responsibility for
the selection of the best level of patient monitoring lies
solely with the equipment operator.
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Limitation of Liability
Draeger Medical, Inc.'s liability, whether arising out of
or related to manufacture and sale of the goods, their
installation, demonstration, sales representation, use,
performance, or otherwise, including any liability based
upon Draeger Medical, Inc.'s Product Warranty, is sub-
ject to and limited to the exclusive terms and conditions
as set forth, whether based upon breach of warranty or
any other cause of action whatsoever, regardless of
any fault attributable to Draeger Medical, Inc. and
regardless of the form of action (including, without limi-
tation, breach of warranty, negligence, strict liability, or
otherwise).
THE STATED EXPRESSED WARRANTlES ARE IN
LlEU OF ALL OTHER WARRANTIES, EXPRESSED
OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
WARRANTlES OF MERCHANTABILITY, FITNESS
FOR ANY PARTICULAR PURPOSE, OR
NONINFRINGEMENT.
Draeger Medical, Inc. shall not be liable for, nor shall
buyer be entitled to recover any special incidental, or
consequential damages or for any liability incurred by
buyer to any third party in any way arising out of or re-
lating to the goods.