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12 Warranty
This warranty applies to customers in the United States only. Outside of the USA, contact your Halyard Health sales representative.
Halyard Health warrants the products listed below against defects in both materials and workmanship to the registered owner at the time of purchase. All components of the
Generator are covered by the warranty as described below, except the Cable and Probe Assemblies, which are covered in their own IFUs and have their own warranties.
This warranty does not apply to any unit that has been subject to misuse, neglect, improper installation or that which has been altered, adjusted, or tampered with by any person
other than Halyard Health authorized personnel.
Use of the Generator with any accessory not listed in section 4.6 (Compatible Accessories) may result in equipment damage & voids the warranty set forth herein.
If upon examination by authorized service personnel, it is determined that the malfunction is due to misuse or abuse, warranty provisions will not apply. An estimate of the cost
of repair work will be given to the customer prior to servicing and repairing the unit.
The customer is responsible for returning the defective equipment to the factory at his or her own expense. The customer needs to get a return authorization number before
shipping the unit back. Halyard Health at its sole discretion can repair the unit or ship a new one. The units are to be shipped freight pre-paid for both the warranty period and
out of warranty.
If, upon examination, it is determined that the fault had been caused by misuse or abnormal conditions of operation, the repairs will be billed to the customer as out-of-warranty
repairs.
Instruments repaired under Halyard Health standard repair program will be issued a thirty-day (30) warranty against defects in both materials and workmanship, provided
the original warranty period has passed. Instruments submitted due to defects in materials and workmanship during the warranty period will be repaired at no charge to the
customer.
The warranty set forth herein is exclusive and in lieu of all other warranties, remedies, obligations and liabilities of Halyard Health, expressed or implied, including the implied
warranties of merchantability and fitness for use and of consequential damages. These products are being sold only for the purpose described herein, and such warranty only
runs to the purchaser. In no event shall Halyard Health be liable for any breach of warranty in any amount exceeding the purchase price of the product.
No agent, employee or representative of Halyard Health has the authority to bind the Company to any other warranty, affirmation, or representation concerning the instrument.
This warranty is valid only to the original purchaser of Halyard Health products directly from a Halyard Health authorized agent. The warranty cannot be transferred or assigned
by the original purchaser.
In the event the generator requires warranty service or the unit must be updated, Halyard Health will provide a loaner unit to the customer within 48 hours of initial contact, at
no charge except for shipping and handling. If the unit is no longer under warranty, Halyard Health will provide a loaner for a fee plus shipping and handling.
The warranty periods for components of the
HALYARD*
PMG are as follows:
Component
Warranty Period
RF Generator,
PMG-BASIC
PMG-ADVANCED
1 year from shipment date
Footswitch, PMA-FS
90 days from shipment date
For servicing please contact Halyard Health at:
Halyard Health
5405 Windward Parkway
Alpharetta, GA 30004 USA
E-mail: [email protected]
1-844-425-9273 (1-844-HALYARD)
Avanos Exhibit 2069 Page 42
Medtronic, Inc. v. Avanos Medical Sales, LLC
Case IPR2020-0089
