RespiraSense
™
Instructions For Use
RespiraSense
™
PDS-801-007 Revision 2
Page
72
of
77
S
ECTION
12
–
W
ARRANTY AND
A
GREEMENTS
PMD Solutions Limited Warranty
PMD Solutions’ products are warranted to be free from manufacturing and material defects for a
period of one (1) year from the date of shipment from PMD to the original purchaser.
Excluded from this warranty are expendable supply items including, but not limited to, Sensors,
adapters, and plugs. This warranty does not apply to any product which PMD Solutions determines has
been modified or damaged by the purchaser.
Except for the express warranties stated above, PMD Solutions disclaims all warranties including
implied warranties of merchantability and fitness. The stated express warranties are in lieu of all
obligations of liabilities on the part of PMD Solutions for damages, including but not limited to,
special indirect or consequential, arising out of or in connection with the use or performance of PMD
Solutions’ products.
Any action for breach of warranty shall be commenced within one (1) year of said breach or be forever
barred. Any repairs made to the product that are not covered by the warranty shall be billed to the
purchaser.
Sales and End-User Licence Agreement
THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN YOU, (“PURCHASER”) AND PMD SOLUTIONS FOR
THE PURCHASE OF T
HIS PRODUCT ("PRODUCT”) AND A LICENCE 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
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 PACKAGING, WITH YOUR SALES RECEIPT TO PMD SOLUTIONS FOR A FULL REFUND.
Warranty
PMD Solutions 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 labelled in these
Instructions for Use
. PMD Solutions’ sole obligation under this warranty is to repair or replace any
product or software that is covered under warranty.
To request a replacement under warranty, the purchaser must contact PMD Solutions for a return of
goods authorisation. If PMD Solutions determines that a product must be replaced or repaired under
warranty, it will be replaced or repaired, and the cost of shipment will be covered. All other shipping
costs shall be the responsibility of the purchaser.
Exclusions
The warranty does not extend to, and PMD Solutions is not responsible for, repair, replacement, or
maintenance needed because of: a) modification of the product or software without PMD Solutions’
written authorisation; b) supplies, Devices or electrical work external to the product or not
manufactured by PMD Solutions; c) disassembly or reassembly of the product by anyone other than
an authorised PMD Solutions agent; d) use of the product with Sensors or accessories other than those
manufactured and distributed by PMD Solutions; e) use of the product and software in ways or in
environments for which they are not labelled; and f) neglect, misuse, incorrect operation, accident,
