LBL-2019-41-v4 OptoMonitor 3 IFU wTAVI_en Rev 2022-03
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DISCLAIMER OF WARRANTY
OpSens Inc. warrants that reasonable care has been used in the design and manufacture of this instrument.
System manufactured by OpSens is warranted to be free of defects in materials and workmanship for a period
of one year from the date of shipment.
This warranty is in lieu of and excludes all other warranties not expressly set forth herein, whether express or
implied, written or oral, by operation of law or otherwise, including, but not limited to, any implied warranties as
to the condition, quality, durability, performance, merchantability or fitness for a particular purpose.
OpSens Inc. has no control over the conditions under which this instrument is used. Handling, storage and
cleaning of this instrument as well as other factors relating to the patient, diagnosis, treatment, surgical
procedures, and other matters beyond OpSens' control directly affect the instrument and the results
obtained from its use. OpSens assumes no liability with respect to instruments reused, reprocessed or re-
sterilized.
OpSens’ obligation under this warranty is limited to the repair or replacement of this instrument. However,
OpSens may, at its sole discretion, replace any instrument that is determined to have been out of specification
at the time of shipment. OpSens shall not be liable for any incidental or consequential loss, damage, or expense
directly or indirectly from the use of this instrument. OpSens neither assumes, nor authorizes any other person
to assume for it, any other or additional liability or responsibility in connection with this instrument; no
person has authority to bind OpSens to any representation, warranty, or liability except as set forth in this
Disclaimer of Warranty. OpSens Inc. shall not be liable to any person or entity for any medical expenses, any
loss or injury to a party’s profits or goodwill or any direct, incidental, consequential, special, punitive or
exemplary damages caused by, arising from or related to any use, defect, failure or malfunction of the
instrument, whether a claim for such damages is based upon warranty, contract, tort or otherwise.
The exclusions, disclaimers, and limitations set forth in this Disclaimer of Warranty are not intended to, and
shall not be construed as to, contravene mandatory provisions of any applicable law or regulation. If any part of
this Disclaimer of Warranty is held to be illegal or unenforceable by a court of competent jurisdiction, the part
shall be modified to be enforceable to the maximum extent possible. If the part cannot be modified, then
that part may be severed, and the other parts of this Disclaimer of Warranty shall remain in full force and
effect.