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Chapter 12: Service and Maintenance
www.masimo.com
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Masimo
against defects in material and workmanship when used in accordance with Masimo’s user
manuals, technical specifications, and other Masimo published guidelines for a period of 12
months 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 Masimo and obtain a
returned goods authorization number so that Masimo can track the Product. 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) 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 its authorized
distributor, 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
and 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.
