ZOLL AutoPulse NXT, User Manual

Page: 64 / 85

Chapter 10. Warranty & Technical Support
AutoPulse NXT User Guide 59
10. Warranty & Technical Support
ZOLL Factory Limited Warranty for AutoPulse NXT System
ZOLL Medical Corporation (ZOLL) warrants to the initial Purchaser (Customer) that from the date of shipment
from ZOLL’s facility, the Equipment (constituting the AutoPulse NXT
®
Resuscitation System platform,
AutoPulse NXT battery charger, and AutoPulse NXT battery) shall be free from defects in material and work -
manship, for a period of one (1) year (“Warranty Period”) after the initial purchase date or the date the plat -
form is first placed in service, whichever date occurs later, not to exceed two (2) years from the date of
manufacturing, when properly operated, maintained, and used for its intended purpose. Excluded from this
warranty are single use, disposable components such as the NXT Band. The Factory Warranty covers all parts,
labor, shipping and insurance costs for the repair of the equipment. A service loaner may be provided at no
charge for use during the repair upon request.
ZOLL reserves the right to make any necessary repair at ZOLL’s manufacturing facility or at any ZOLL-authorized
repair center. Repair or replacement of equipment under this warranty does not extend the Warranty Period.
This warranty does not include preventative or scheduled maintenance. This warranty shall be void if any labels
or other identifying marks permanently affixed to the equipment when shipped by ZOLL are removed, altered,
defaced or obliterated. All equipment or parts replaced shall become property of ZOLL.
The Band shall be warranted for 90 days from date of factory shipment. During such period, ZOLL will, at its
sole discretion, either repair or replace at no charge to the Customer the band or accessories found by ZOLL to
be defective in material or workmanship. If ZOLL’s inspection detects no defects in material or workmanship,
ZOLL’s regular service charges shall apply.
Exclusions
ZOLL shall not be responsible for any equipment defect, the failure of the equipment to perform any specified
function, or any other non-conformance of the equipment caused by or attributable to: any modification of
the equipment by the Customer, unless such modification is made with the prior written approval of ZOLL, the
use of the equipment with any associated or complementary equipment, accessory or software not supplied
by ZOLL; any misuse or abuse of the equipment; exposure of the equipment to conditions beyond the environ-
mental, power or operating constraints specified by ZOLL; the serial number being removed or made illegible;
modifications made by anyone other than ZOLL or its expressly authorized representative; use of the equip
-
ment other than in accordance with ZOLL’s instructions.
ZOLL shall have no obligation to make repairs, replacements, or corrections which result, in whole or in part,
from normal wear and burnout during use, including but not limited to bearings, fuses, cables and LEDs. The
foregoing warranty does not apply to software included as part of the equipment (including software embod
-
ied in read-only memory, known as “firmware”).
THE WARRANTY SET FORTH HEREIN IS EXCLUSIVE AND ZOLL EXPRESSLY DISCLAIMS ALL OTHER WARRAN-
TIES WHETHER WRITTEN, ORAL, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WAR-RAN
-
TIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
ZOLL’s maximum liability arising out of the sale of the equipment, disposables, and accessories or their use,
whether based upon warranty, contract, tort or otherwise, shall not exceed the actual payments received by
ZOLL in connection therewith. ZOLL shall not be liable for any incidental, special or consequential loss, damage
or expense (including without limitation lost profits) directly or indirectly arising from the sale, inability to sell,
use or loss of use of any equipment (however caused and on any theory of liability), even if ZOLL has been ad-
vised of the possibility of such loss. The foregoing limitations shall not apply to any claims for bodily injury or
death to the extent that limitation of damages for such claims are unenforceable or against public policy under
any applicable statute or rule of law.