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included in the software license. This warranty does not cover damage
or injury whether to the Products, personal property, or persons caused
by accident, misuse, abuse, Acts of God, water ingress, repair or alteration
by anyone other than Philips Respironics or its authorized service center,
failure to operate in accordance with the terms of the operating manual
and instructions, lack of reasonable care, the discontinuance of a network
(e.g. 2G, 3G, etc.) by a carrier (e.g. ATT, Verizon, etc., or other defects not
related to material or workmanship. This warranty is not transferable. If
Philips Respironics finds that a Product returned for service or the issue
raised is not covered under this limited warranty, Philips Respironics may
charge an evaluation fee and return shipping.
What Philips Respironics will do: If a Product fails to conform to the
warranties set forth above during the applicable warranty period, Philips
Respironics will repair or replace the Product or refund the original
purchase price, in Philips Respironics sole discretion. Philips Respironics
may use new or remanufactured assemblies, components, and parts
in repair and new or recertified refurbished devices for replacement.
The balance of the original warranty period will apply to any Product or
component of a Product repaired or replaced under this warranty.
Warranty Disclaimer; Limitation of Liability: EXCEPT AS SET FORTH
IN THIS LIMITED WARRANTY, PHILIPS RESPIRONICS MAKES NO
WARRANTIES, EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE,
REGARDING THE PRODUCT OR ITS QUALITY OR PERFORMANCE. PHILIPS
RESPIRONICS SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTY OF
MERCHANTABILITY AND THE IMPLIED WARRANTY OF FITNESS FOR
A PARTICULAR PURPOSE. IN NO EVENT WILL PHILIPS RESPIRONICS
MAXIMUM LIABILITY UNDER THESE WARRANTIES EXCEED THE ORIGINAL
PURCHASE PRICE OR WILL PHILIPS RESPIRONICS BE LIABLE FOR
ANY ECONOMIC LOSS, LOSS OF PROFITS, OVERHEAD, OR SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES. Repair, replacement, or
return of purchase price by Philips Respironics is the original purchaser's
sole and exclusive remedy under this warranty.
This warranty gives you specific legal rights, and you may also have other
rights that vary from state to state. Some states do not allow the exclusion
or limitation of incidental or consequential damages, so the above
exclusion and limitations may not apply to you.
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