NomoLine ISA Service Manual
Chapter 5: Warranty Information
www.masimo.com
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Masimo
and any batteries for six (6) months from the original date the Product was obtained by the
end-user purchaser.
Masimo’s sole obligation under this warranty is the repair or replacement, at its option, of any
defective Product or Software media that is covered under the warranty.
To request a replacement under warranty, Purchaser must contact the seller, and follow all
instructions and procedures given by the seller. If Masimo determines that a Product must be
replaced under warranty, it will be replaced and the cost of shipment covered. All other
shipping costs must be paid by Purchaser.
Exclusions
The warranty does not apply to any non-Masimo branded product or any software, even if
packaged with the Product, or any Product that was: (a) not new or in its original packaging
when supplied to purchaser; (b) modified without Masimo’s written permission; (c) damaged
by supplies, devices, or systems external to the Product; (d) disassembled, reassembled, or
repaired by anyone other than a person authorized by Masimo; (e) used with other products,
like new sensors, reprocessed sensors, or other accessories, not intended by Masimo to be
used with the Product; (f) not used or maintained as provided in the operator’s manual or as
otherwise provided in its labeling; (g) reprocessed, reconditioned, or recycled; and (h)
damaged by accident, abuse, misuse, liquid contact, fire, earthquake or other external cause.
No warranty applies to any Product provided to Purchaser for which Masimo, or the seller,
is not paid; and these Products are provided AS-IS without warranty.
Limitation of Warranty
Except as otherwise required by law or altered by the purchase agreement, the above
warranty is the exclusive warranty that applies to the Product and Software media, and
Masimo does not make any other promises, conditions, or warranties regarding the
Product. No other warranty applies, express or implied, including without limitation, any
implied warranty of merchantability, fitness for a particular purpose, satisfactory quality,
or as to the use of reasonable skill and care. See the licensing terms for the terms and
conditions that apply to any Software accompanying the Product.
Additionally, Masimo will
not be liable for any incidental, indirect, special, or consequential loss, damage, or expense
arising from the use or loss of use of any Products or Software. In no event shall Masimo’s
liability arising from any Product or Software (under contract, warranty, tort, strict liability, or
otherwise) exceed the amount paid by purchaser for the Product or Software. The above
limitations do not preclude any liability that cannot legally be disclaimed by contract.
Sales & End-User License Agreement
This document is a legal agreement between you ("Purchaser") and Masimo Corporation
and/or its relevant subsidiary or affiliate ("Masimo") for the purchase of this Product
("Product") and a license in the included or embedded software and/or firmware ("Software").
Except as otherwise expressly agreed in a separate contract for the acquisition of this Product,
the following terms are the entire agreement between the parties regarding your purchase of
this Product. If you do not agree to the terms of this agreement, promptly return the entire
Product, including all accessories, in their original packages, with your sales receipt to
Masimo for a full refund. BY ACCEPTANCE OR USE OF THIS PRODUCT, YOU ACKNOWLEDGE
YOUR ACCEPTANCE OF THESE TERMS.
