Rad-5/5v
Chapter 8: Service and Maintenance
www.masimo.com
62
Masimo
Exclusions
The warranty does not apply to any non-Masimo branded product or any software, even if
packaged with the Product, or any Product that was: (a) not new or in its original packaging
when supplied to purchaser; (b) modified without Masimo’s written permission; (c)
supplies, devices, or systems external to the Product; (d) disassembled, reassembled, or
repaired by anyone other than a person authorized by Masimo; (e) used with other products,
like new sensors, reprocessed sensors, or other accessories, not intended by Masimo to be
used with the Product; (f) not used or maintained as provided in the operator’s manual or as
otherwise provided in its labeling; (g) reprocessed, reconditioned, or recycled; and (h)
damaged by accident, abuse, misuse, liquid contact, fire, earthquake or other external cause.
No warranty applies to any Product provided to Purchaser for which Masimo, or its
authorized distributor, is not paid; and these Products are provided AS-IS without warranty.
Limitation of Warranty
Except as otherwise required by law or altered by the purchase agreement, the above
warranty is the exclusive warranty that applies to the Product and software media, and
Masimo does not make any other promises, conditions, or warranties regarding the Product.
No other warranty applies, express or implied, including without limitation, any implied
warranty of merchantability, fitness for a particular purpose, satisfactory quality, or as to the
use of reasonable skill and care. See the licensing terms for the terms and conditions that
apply to and Software accompanying the Product. Additionally, Masimo will not be liable for
any incidental, indirect, special, or consequential loss, damage, or expense arising from the
use or loss of use of any Products or Software. In no event shall Masimo’s liability arising
from any Product or Software (under contract, warranty, tort, strict liability, or otherwise)
exceed the amount paid by purchaser for the Product or Software. The above limitations do
not preclude any liability that cannot legally be disclaimed by contract.
Sales & End-User License Agreement
This document is a legal agreement between you (“purchaser”) and Masimo Corporation
(“Masimo”) for the purchase of this Product (“Product”) and a license 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 the
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
packages, with your sales receipt to Masimo for a full refund.
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