Abbott Agilis HisPro DS3H010-38, Инструкция по эксплуатации, Страница: 11 / 14

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Limited Warranty and Disclaimer
Limited Warranty and Disclaimer – AGILIS HisPRO CATHETER
The purchaser (you) must comply with the terms and conditions in this document for this Limited Warranty to apply. Abbott Medical
(“Abbott”) hereby warrants that if this Abbott product (the “Product”) fails to perform within written operating specifications (when
used as intended under normal surgical conditions and in conformance with the instructions for its use and maintenance contained
in the Product’s “Instructions for Use” published by Abbott) due to a defect in materials or workmanship, Abbott will provide a credit
for the purchase of an equivalent or functionally equivalent replacement Abbott product in an amount not to exceed the lesser of the
net invoiced price of the original Abbott product or the replacement Abbott product. In addition to the other terms, limitations and
exclusions in this Limited Warranty, the following conditions must be met in order for this Limited Warranty to apply:
1.
The Product was designed and distributed by Abbott.
2. The Product must be returned for analysis to Abbott, 15900 Valley View Court, Sylmar, California 91342 within forty-five (45)
days of its use in the applicable patient procedure along with written documentation evidencing the procedure date and a
description of the reasons for return. Upon return, the Product becomes the property of Abbott.
3. The Product has not been mishandled, improperly stored, reprocessed or altered in any way or used in any way that is not in
conformance with the Product’s authorized uses and approved methods of use as set forth in the Product’s “Instructions for
Use” published by Abbott.
4. The Product was used before the 'USE BEFORE' date marked on the packaging of the Product.
Abbott will analyze the returned Product and determine whether it qualifies for coverage under this Limited Warranty. No
representation or warranty is made that an Abbott product will not fail. THIS LIMITED WARRANTY IS IN LIEU OF, AND ABBOTT
HEREBY DISCLAIMS AND EXCLUDES, ALL OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, WHETHER EXPRESS
OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, COURSE OF DEALING, QUIET ENJOYMENT, OR FITNESS FOR A PARTICULAR
PURPOSE.
Abbott disclaims responsibility for any medical complication, including death, resulting from the use of its products. Except for the
replacement credit as expressly provided by this Limited Warranty, ABBOTT IS NOT RESPONSIBLE FOR ANY INDIRECT, SPECIAL,
COVER, PUNITIVE, CONSEQUENTIAL, INCIDENTAL, OR OTHER DAMAGES DIRECTLY OR INDIRECTLY ARISING FROM THE USE
OF OR RELATED TO THE PRODUCT AND WHETHER BASED ON ANY DEFECT, FAILURE, OR MALFUNCTION OF THE PRODUCT
REGARDLESS OF WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, OR OTHERWISE. ABBOTT’S SOLE
LIABILITY AND PURCHASER’S SOLE REMEDY RELATED TO THE PRODUCT IS LIMITED TO THE REPLACEMENT CREDIT AS
DESCRIBED IN THIS LIMITED WARRANTY. Some jurisdictions do not allow the exclusion or limitation of consequential damages
however, so the above limitations or exclusions may not apply to you.
THE ABOVE DISCLAIMERS AND LIMITATIONS SHALL BE CONSTRUED TO COMPLY WITH APPLICABLE LAW AND THIS LIMITED
WARRANTY SHALL BE REFORMED ACCORDINGLY AS NECESSARY TO COMPLY WITH APPLICABLE LAWS OF THE COUNTRY
WHERE THE PRODUCT IS USED.