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Radical-7R Pulse CO-Oximeter Operator’s Manual
9
S e r v i c e / M a i n t e n a n c e
Sales & End-User License Agreement
THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN YOU (“PURCHASER”) AND
MASIMO CORPORATION (“MASIMO”) FOR THE PURCHASE OF THIS PRODUCT
(“PRODUCT”) AND A LICENSE IN THE INCLUDED OR EMBEDDED SOFTWARE
(“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.
W a r r a n t y
Masimo warrants to the initial Purchaser for a period of one (1) year from the date of purchase
that: (i) each new Product and the Software media as delivered are free from defects in
workmanship or materials, and (ii) the Product and Software will perform substantially as labeled
in the directions for use. Masimo’s sole obligation under this warranty is to repair or replace any
Product or Software that is covered under warranty.
Batteries are warranted for six (6) months.
To request a replacement under warranty, Purchaser must contact Masimo for a returned goods
authorization. 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 shall be the responsibility of Purchaser.
E x c l u s i o n s
The warranty does not extend to, and Masimo is not responsible for, repair, replacement, or
maintenance needed because of: a) modification of the Product or Software without Masimo’s
written authorization; b) supplies, instruments or electrical work external to the Product or not
manufactured by Masimo; c) disassembly or reassembly of the Product by anyone other than
an authorized Masimo agent; d) use of the Product with sensors or other accessories other than
those manufactured and distributed by Masimo; e) use of the Product and Software in ways or in
environments for which they are not labeled; and f) neglect, misuse, improper operation, accident,
fire, water, vandalism, weather, war, or any act of God. This warranty does not extend to any
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This warranty also does not apply to any Products provided to Purchaser for testing or demonstration
purposes, any temporary Products modules or any Products for which Seller does not otherwise
receive a usage or purchase fee; all such Products are provided AS-IS without warranty.
THIS WARRANTY, TOGETHER WITH ANY OTHER EXPRESS WRITTEN WARRANTY THAT
MAY BE ISSUED BY MASIMO IS THE SOLE AND EXCLUSIVE WARRANTY AS TO THE
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