Warranty Exclusions - Masimo LNCS-II rainbow DCI 8l SpCO Serie Instrucciones De Uso

WARRANTY
Masimo warrants to the initial buyer only that these products, when used in accordance with the directions provided with the Products
by Masimo, will be free from defects in materials and workmanship for a period of one (1) year.
THE FOREGOING IS THE SOLE AND EXCLUSIVE WARRANTY APPLICABLE TO THE PRODUCTS SOLD BY MASIMO TO BUYER. MASIMO
EXPRESSLY DISCLAIMS ALL OTHER ORAL, EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. MASIMO›S SOLE OBLIGATION AND BUYER›S EXCLUSIVE REMEDY FOR
BREACH OF ANY WARRANTY SHALL BE, AT MASIMO›S OPTION, TO REPAIR OR REPLACE THE PRODUCT.

WARRANTY EXCLUSIONS

This warranty does not extend to any product that has been used in violation of the operating instructions supplied with the product,
or has been subject to misuse, neglect, accident or externally created damage. This warranty does not extend to any product that has
been connected to any unintended instrument or system, has been modified, or has been disassembled or reassembled. This warranty
does not extend to sensors or patient cables that have been reprocessed, reconditioned or recycled.
IN NO EVENT SHALL MASIMO BE LIABLE TO BUYER OR ANY OTHER PERSON FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR
CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS), EVEN IF ADVISED OF THE POSSIBILITY THEREOF. IN NO
EVENT SHALL MASIMO›S LIABILITY ARISING FROM ANY PRODUCTS SOLD TO BUYER (UNDER A CONTRACT, WARRANTY, TORT OR OTHER
CLAIM) EXCEED THE AMOUNT PAID BY BUYER FOR THE LOT OF PRODUCT(S) INVOLVED IN SUCH CLAIM. IN NO EVENT SHALL MASIMO
BE LIABLE FOR ANY DAMAGES ASSOCIATED WITH A PRODUCT THAT HAS BEEN REPROCESSED, RECONDITIONED OR RECYCLED. THE
LIMITATIONS IN THIS SECTION SHALL NOT BE DEEMED TO PRECLUDE ANY LIABILITY THAT, UNDER APPLICABLE PRODUCTS LIABILITY
LAW, CANNOT LEGALLY BE PRECLUDED BY CONTRACT.
NO IMPLIED LICENSE
Purchase or possession of this sensor confers no express or implied license to use the sensor with any device which is not separately
authorized to use LNCS-II rainbow sensors.
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