Warranty
This Product is sold by Datex-Ohmeda under the warranties set forth
in the following paragraphs. Such warranties are extended only with
respect to the purchase of this Product directly from Datex-Ohmeda
or Datex-Ohmeda’s Authorized Dealers as new merchandise and are
extended to the Buyer thereof, other than for the purpose of resale.
For a period of twelve (12) months from the date of original delivery to
Buyer or to Buyer’s order, but in no event for a period of more than
two years from the date of original delivery by Datex-Ohmeda to a
Datex-Ohmeda Authorized Dealer, this Product, other than its
expendable parts, is warranted against functional defects in materials
and workmanship and to conform to the description of the Product
contained in this User’s Reference manual and accompanying labels
and/or inserts, provided that the same is properly operated under the
conditions of normal use, that regular periodic maintenance and
service is performed and that replacements and repairs are made in
accordance with the instructions provided. This same warranty is
made for a period of thirty (30) days with respect to expendable parts.
The foregoing warranties shall not apply if the Product has been
repaired other than by Datex-Ohmeda or in accordance with written
instructions provided by Datex-Ohmeda, or altered by anyone other
than Datex-Ohmeda, or if the Product has been subject to abuse,
misuse, negligence, or accident.
Datex-Ohmeda’s sole and exclusive obligation and Buyer’s sole and
exclusive remedy under the above warranties is limited to repairing or
replacing, free of charge, at Datex-Ohmeda’s option, a Product,
which is telephonically reported to the nearest Datex-Ohmeda
Customer Service Center and which, if so advised by Datex-Ohmeda,
is thereafter returned with a statement of the observed deficiency, not
later than seven (7) days after the expiration date of the applicable
warranty, to the Datex-Ohmeda Customer Service and Distribution
Center during normal business hours, transportation charges prepaid,
and which, upon Datex-Ohmeda’s examination, is found not to
conform with above warranties. Datex-Ohmeda shall not be
otherwise liable for any damages including but not limited to
incidental damages, consequential damages, or special damages.
There are no express or implied warranties which extend beyond the
warranties hereinabove set forth. Datex-Ohmeda makes no warranty
of merchantability or fitness for a particular purpose with respect to
the product or parts thereof.
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