Limited warranty and limitation of liability – Precision Medical Oxygen Monitor User Manual
Page 20
LIMITED WARRANTY
AND
LIMITATION OF LIABILITY
Precision Medical, Inc. warrants that the Oxygen Monitor, (the Product), will be free of defects in
workmanship and/or material for the following period:
Two (2) years from shipment.
Should any failure to conform to this warranty appear within the applicable period, Precision
Medical, Inc. shall, upon written notification thereof (received by Precision Medical, Inc. within 30
days of the customer’s discovery of the alleged defect), along with return of the Product at the
customer’s expense and substantiation that the goods have been stored, installed, maintained
and operated in accordance with Precision
Medical, Inc.’s instructions and standard industry practice, and that no modifications, substitutions,
or alterations have been made to the goods, correct such defect by repair or replacement
(at Precision Medical, Inc.’s option) at its own expense.
Precision Medical, Inc. Warrants the 504877 Oxygen Sensor included with the
PM5900 Oxygen Monitor to be free from defects in material and workmanship for a period of
sixteen (16) months, from date of shipment. Should any failure to conform to this warranty
appear within the applicable period, Precision Medical, Inc. shall, upon written notification thereof
(received by Precision Medical, Inc. within 30 days of the customer’s discovery of the alleged
defect), along with return of the sensor at the customer’s expense and substantiation that the
sensor has been stored, installed, maintained and operated in accordance with Precision Medical,
Inc.’s instructions and standard industry practice, and that no modifications, substitutions, or
alterations
have been made to the sensor, correct such defect by repair or replacement (at Precision
Medical, Inc.’s option) at its own expense. Should a sensor require repair or replacement due
to said defects, the sensor is warranted only for the remainder of the original sensor warranty
period. A sensor shall not be considered defective for failure to function beyond its normal
estimated consumption capacity/rates, and this warranty does not cover normal wear due to
consumption beyond the sensor’s estimated O2% hours.
ORAL STATEMENTS DO NOT CONSTITUTE WARRANTIES.
The representatives of Precision Medical, Inc. Or any retailers are not authorized to make oral
warranties about the merchandise described in this warranty, and any such statements shall not
be relied upon and are not part of the contract for sale.
Thus, this writing is a final, complete and exclusive statement of the terms of the warranty for the
products covered by the applicable contract.
THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY WARRANTY OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE OR OTHER WARRANTY OF QUALITY, WHETHER
EXPRESS OR IMPLIED.
Precision Medical, Inc. shall not under any circumstances be liable for special, incidental
or consequential damages including but not limited to lost profits, lost sales, or injury to person
or property. Correction of non-conformities as provided above shall constitute fulfillment of all
liabilities of Precision Medical, Inc. whether based on contract, negligence, strict tort or otherwise.
Precision Medical, Inc. reserves the right to discontinue manufacture of any product or change
product materials, designs, or specifications without notice.
Precision Medical, Inc. reserves the right to correct clerical or typographical errors without penalty.
505127 Rev10 5/15 (?M) Printed in USA