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Masimo Corporation
www.masimo.com
35
Chapter 6: Warranty Information
Cleaning
Refer to the host device Operator's Manual for cleaning and maintenance instructions.
Contacting Masimo
Masimo Corporation
52 Discovery
Irvine, California 92618
Tel:+1 949 297 7000
Fax:+1 949 297 7001
Limited Warranty
Masimo warrants to the initial buyer only that these products, when used in accordance with the directions provided with the Products by Masimo, will be
free of defects in materials and workmanship for a period of six (6) months. The foregoing is the sole and exclusive warranty applicable to the products
sold by Masimo to buyer. Masimo expressly disclaims all other oral, express or implied warranties, including without limitation any warranties of
merchantability or fitness for particular purpose. Masimo’s sole obligation and buyer’s exclusive remedy for breach of any warranty shall be, at Masimo’s
option, to repair or replace the product.
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.
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.