Integra cusa excel User Manual page 170

4. Quality Control.
4.1. Customer shall maintain reasonable standards of quality control, operations,
procedures, safety testing and inspection of Equipment to ensure that unnecessary
service or maintenance is not required hereunder.
4.2. Customer shall provide a technical counterpart to Integra's Service Agent for
assistance in Integra's telephonic diagnosis of the malfunction with the Equip-
ment. Customer shall reasonably accept Integra's determination whether a repair
or service is an in-warranty repair or an out-of-warranty repair.
5. Limitation of Liability.
5.1. THE WARRANTIES DESCRIBED IN SECTION 1 HEREOF ARE EXCLUSIVE
AND ARE GIVEN AND ACCEPTED IN LIEU OF ALL OTHER WARRANTIES OF
INTEGRA OR ITS SERVICE AGENTS WITH RESPECT TO THE QUALITY, PER-
FORMANCE ANDOPERATION OF THE EQUIPMENT, WRITTEN OR ORAL,
EXPRESSED OR IMPLIED, AND WHETHER OR NOT ATTRIBUTABLE TO SER-
VICE PERFORMED PURSUANT TO THE WARRANTY. ALL OTHER REPRE-
SENTATIONS OR WARRANTIES OF INTEGRA OR ITS REPRESENTATIVES,
EXPRESS OR IMPLIED, WITH RESPECT TO THE EQUIPMENT OR THE SER-
VICES, DISAGNOSES, ADVICE, ASSISTANCE OR PARTS TO BE TENDERED
PURSUANT TO THE WARRANTY, INCLUDING, WITHOUT LIMITATION,
THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PUR-
POSE, ARE HEREBY EXPRESSLY DISCLAIMED. IN NO EVENT SHALL INTE-
GRA, ITS AFFILIATES, ASSIGNEES OR SERVICE AGENTS BE LIABLE FOR
LOSS OF USE, REVENUE OR PROFIT OR ANY OTHER DIRECT, INDIRECT,
INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, SPECIAL OR OTHER DAM-
AGES, WHETHER ARISING IN CONTRACT OR IN TORT, BY VIRTUE OF THE
WARRANTY OR ANY PERFORMANCE OR BREACH BY INTEGRA, ITS
AFFILIATES, ASSIGNEES OR SERVICE AGENTS HEREUNDER OR PURSUANT
HERETO IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO INTEGRA
DURING THE WARRANTY PERIOD.
5.2. Customer agrees that, notwithstanding the technical assistance provided pur-
suant to the Warranty by Integra or its representatives, Customer shall be fully
responsible for all treatments performed or attempted with the Equipment.
INTEGRA MAKES NO REPRESENTATION OR WARRANTY AS TO THE
EFFICACY OF THE EQUIPMENT OR OF THE TECHNICAL ASSISTANCE TO BE
RENDERED BY INTEGRA, ITS AFFILIATES, ASSIGNEES OR SERVICE AGENTS,
FOR PURPOSES OF THE PARTICULAR TREATMENT THAT CUSTOMER
UNDERTAKES TO PERFORM FOR THIRD PARTIES. Moreover, Customer shall
not make any claim against Integra or any of its affi liates, assignees or
representatives with respect to the efficacy of the Equipment or of said technical
assistance or with respect to any claims by third parties related to any treatment
undertaken by Customer.
CUSA Excel Ultrasonic Surgical Aspirator System User's Guide B-3