Users Manual Part 8
366
Appendix
DISCLAIMER OF IMPLIED WARRANTIES AND LIMITATION OF REMEDIES
REPAIR OR REPLACEMENT AS PROVIDED UNDER THE ABOVE LIMITED EXPRESS
WARRANTY OF THE CONTROLLER OR THE POD IS YOUR EXCLUSIVE REMEDY
AND THE ENTIRE OBLIGATION OF INSULET. THIS EXCLUSIVE REMEDY SHALL
NOT BE DEEMED TO HAVE FAILED ITS ESSENTIAL PURPOSE SO LONG AS INSULET
IS WILLING AND ABLE TO REPAIR OR REPLACE A CONTROLLER OR A POD WITH
DEFECTS IN MATERIALS OR WORKMANSHIP IN THE MANNER PRESCRIBED BY
THE ABOVE LIMITED EXPRESS WARRANTY.
ANY IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED.
IN NO EVENT SHALL INSULET CORPORATION, ITS SUPPLIERS, DISTRIBUTORS,
SERVICE PROVIDERS, AND/OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES CAUSED BY A DEFECT IN THE
CONTROLLER OR A POD OR BY A BREACH OF THE ABOVE LIMITED EXPRESS
WARRANTY, WHETHER SUCH CLAIM IS BASED IN WARRANTY, CONTRACT,
TORT OR OTHERWISE.
Important Additional Provisions
Insulet Corporation does not warrant the suitability of the Controller or the Pod or the
Omnipod 5 Automated Insulin Delivery System for any specic person as health care and
treatment are complex subjects requiring the services of qualied health care providers.
e above Limited Express Warranty gives you specic legal rights, and you may also have
other rights which vary by jurisdiction. e above Limited Express Warranty applies only to
Controllers and the Pods that were originally sold for use in the United States of America.
Note that some jurisdictions do not allow the exclusion of implied warranties or the limitation
of indirect, special, incidental, or consequential damages, so the above exclusions or limitations
may not apply to you. Insulet Corporation’s liability in such jurisdictions shall be limited to
the maximum extent permitted by law. Such limitations shall include but are not limited to
the following: any implied warranties that cannot be disclaimed under the law of a particular
jurisdiction are limited, to the extent allowed by law, to the time period covered by the above
limited express warranty, or to the applicable time period provided by law, whichever period is
shorter.
No Other Warranty or Agreement
Unless modied in writing and signed by both Insulet and you, the foregoing Limited
Express Warranty is understood to be the complete and exclusive understanding between
Insulet and you, superseding all prior warranties and agreements, oral or written, and all
other communications relating to any defect in, failure or other malfunction in a Controller,
a Pod, or an Omnipod 5 Automated Insulin Delivery System. No employee, agent or other
representative of Insulet or any other party is authorized to make any product warranty or
agreement applicable to a Controller, a Pod, or an Omnipod 5 Automated Insulin Delivery
System in addition to those made in the foregoing..
Consent to Disclaimer of Implied Warranties and the Limitation of Remedies
If you do not consent to and instead wish to reject the Disclaimer of Implied Warranties and
the Limitation of Remedies included with the Omnipod 5 Automated Insulin Delivery System,
please return any Omnipod 5 Automated Insulin Delivery System products (including any
Controller and Pods) to Insulet in exchange for a full refund. Failure to return such Omnipod