Covidien INVOS 5100C, Руководство оператора

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Introduction
1-12 Operator's Manual
tive in material and workmanship resulting in the products failing to meet Covidien published
specifications during the 1 year warranty period from delivery to the customer, provided they are
returned to Covidien, prepaid.
CUSTOMER’S SOLE AND EXCLUSIVE REMEDY FOR COVIDIEN LIABILITY OF ANY KIND, INCLUDING,
WITHOUT LIMITATION, NEGLIGENCE, WITH RESPECT TO ANY ITEM FURNISHED UNDER THIS
AGREEMENT, SHALL BE LIMITED TO THE REMEDY PROVIDED IN THE PRECEDING SENTENCE. NO
OTHER WARRANTY OR REMEDY IS EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION,
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ANY
WARRANTY IMPLIED BY CUSTOM OF TRADE OR COURSE OF DEALING, OR ANY WARRANTY
AGAINST HIDDEN DEFECTS. NO REPRESENTATIONS CONCERNING THE PRODUCTS ARE OR WERE
MADE OR RELIED UPON WITH RESPECT TO THE QUALITY OR FITNESS OF THE PRODUCTS. DISTRIB-
UTOR AND ITS ULTIMATE CUSTOMERS WAIVE THE RIGHT TO ANY CLAIMS BASED ON AN ALLEGED
BREACH OF WARRANTY BY COVIDIEN EXCEPT AS OTHERWISE PROVIDED IN THIS AGREEMENT.
The customer shall immediately notify Covidien of any claims under any of the foregoing warran-
ties. All of the products are warranted to the distributor and its ultimate customers, as set forth
herein, and to no other persons. Covidien and designees, may alter, modify or deviate from this
warranty with respect to any products sold to the customer after the customer receives written
notice of the revised warranty. This limited warranty specifically excludes disposable sensors,
accessory items and fuses.
1.8.3
Warranty Labor
If Covidien determines that the product is defective and that the claim was made within the war-
ranty period, Covidien shall satisfy its obligations under this warranty by repairing or replacing the
product and returning it to the customer, within the parameters established above, at Covidien’s
expense. If Covidien determines that the product is not defective or that the claim was not made
within the warranty period, Covidien will return the product to the customer and charge the cus-
tomer for shipping, handling, and diagnostic fees specified in the Covidien terms and conditions
of sale.
1.8.4
Disclaimer of Consequential Damages
Covidien’s liability of any losses, damages, or expenses of any kind that arise out of, or which are
in connection with, the products covered by the warranty set forth herein or their design, manu-
facture, or sale, whether the claim is in contract, tort, or otherwise, including, without limitation,
liability for breach of the warranty provided herein, is limited, unless otherwise prohibited by law,
to an amount not exceeding the cost of performing the obligations contained in the warranty
according to its terms, and in no event shall Covidien’s liability exceed the value of the product
giving rise to such liability. UNDER NO CIRCUMSTANCES SHALL COVIDIEN BE LIABLE FOR SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS, DAMAGE,
OR EXPENSE ATTRIBUTABLE TO A LOSS OF USE OF THE PRODUCT, A LOSS OR DAMAGE TO PROP-
ERTY OTHER THAN THE PRODUCT, A LOSS OF EXPECTED INCOME, LOSS FROM BUSINESS DISRUP-
TION, OR OTHER COMMERCIAL LOSS, DUE TO ANY CAUSE, EVEN IF COVIDIEN HAS BEEN ADVISED