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Limited warranty and limitation of liability – Precision Medical Oxygen Monitor User Manual

Page 20

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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