Limited Warranty - SIMS Deltec CADD-1 5100 HFX Operator's Manual

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Limited Warranty

SIMS Deltec, Inc. ("Manufacturer") warrants to the Original Purchaser that the infusion pump (not including accessories)
are free from defects in materials and workmanship under normal use, if used in accordance with this Operator's Manual,
for one year from date of sale to Original Purchaser. THERE ARE NO OTHER WARRANTIES. Subject to the conditions
of and upon compliance with this limited warranty, the Manufacturer will repair or replace at its option without charge
(except for a minimal charge for postage and handling) any infusion pump (not including accessories) which is defective
during such one-year period.
The following conditions, procedures, and limitations apply to the Manufacturer's obligation under this warranty:
A. Parties Covered by this Warranty: This warranty extends only to the Original Purchaser of the infusion pump. This
Warranty does not extend to subsequent purchasers. The Original Purchaser may be a patient, medical personnel, a hospital,
or institution which purchases the pump for treatment of patients. The Original Purchaser should retain the invoice or sales
receipt as a record of date of purchase.
B. Warranty Performance Procedure: Notice of the defect must be made in writing or by telephone to Customer Service
Department, SIMS Deltec, Inc., 1265 Grey Fox Road, St. Paul, MN 55112, (800) 426-2448. Notice to SIMS Deltec, Inc.
must include date of purchase, model and serial number, and a description of the defect in sufficient detail to facilitate
repairs. Authorization must be obtained prior to returning the pump. The defective pump must be properly packaged and
returned to SIMS Deltec, Inc., postage prepaid. Any loss or damage during shipment is at the risk of the sender.
C. Conditions of Warranty: The warranty is void if the pump has been 1) repaired by someone other than SIMS Deltec,
Inc. or its authorized agent; 2) altered so that its stability or reliability is affected; 3) misused; or, 4) damaged by negligence
or accident. Misuse includes, but is not limited to, use without compliance with the operator's manual of the infusion pump
or use with non-approved accessories. The pump is a sealed unit, and the fact that the seal has been broken will be considered
conclusive evidence that the pump has been altered or misused. Removal or damage to the serial number will invalidate this
warranty.
D. Limitations and Exclusions: Repair or replacement of an infusion pump or component part 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. THERE IS NO WARRANTY OF MERCHANTABILITY OR
FITNESS OF THE INFUSION PUMP FOR ANY PARTICULAR PURPOSE.
2. The infusion pump can only be used under the supervision of medical personnel whose skill and judgment determine
the suitability of the infusion pump for a particular medical treatment.
3. 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.
E. Computer Program License:
1. The infusion pump is intended to be used in conjunction with a particular Licensed Computer Program supplied by
Manufacturer and use of any other program or unauthorized modification of a Licensed Computer Program shall
void Manufacturer's warranty as set forth above.
2. The Original Purchaser and any users authorized by the Original Purchaser are hereby granted a nonexclusive,
nontransferable license to use the Licensed Computer Program only in conjunction with the single pump supplied
by Manufacturer. The Licensed Computer Program is supplied only in machine-readable object code form and is
based upon Manufacturer's proprietary confidential information. No rights are granted under this license or
otherwise to decompile, produce humanly readable copies of, reverse engineer, modify or create any derivative works
based upon the Licensed Computer Program.
3. All other terms and conditions of this Limited Warranty shall apply to the Licensed Computer Program.
THE MANUFACTURER DISCLAIMS RESPONSIBILITY FOR THE SUITABILITY OF THE INFUSION PUMP
FOR A PARTICULAR MEDICAL TREATMENT OR FOR ANY MEDICAL COMPLICATIONS RESULTING
FROM THE USE OF THE INFUSION PUMP. 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 INFUSION PUMP.
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.
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