User's Manual

Root Chapter 11- Service and Maintenance
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Masimo
Warranty with Battery
Masimo warrants to the initial Purchaser for a period of one (1) year from the date of
purchase that: each new Product and the Software media as delivered are free from
defects in workmanship or materials.
Batteries are warranted for six (6) months.
To request a replacement under warranty, Purchaser must contact Masimo for a
returned goods authorization. If Masimo determines that a Product must be replaced
under warranty, it will be replaced and the cost of shipment covered. All other
shipping costs shall be the responsibility of Purchaser.
Masimo’s sole obligation under this warranty is to repair or replace any Product or
Software that is covered under warranty.
Exclusions
The warranty does not extend to, and Masimo is not responsible for, repair,
replacement, or maintenance needed because of: a) modification of the Product or
Software without Masimo’s written authorization; b) supplies, devices or electrical
work external to the Product or not manufactured by Masimo; c) disassembly or
reassembly of the Product by anyone other than an authorized Masimo agent; d) use
of the Product with Sensors or other accessories other than those manufactured and
distributed by Masimo; e) use of the Product and Software in ways or in
environments for which they are not labeled; and f) neglect, misuse, improper
operation, accident, fire, water, vandalism, weather, war, or any act of God. This
warranty does not extend to any product that has been used in violation of the
operating instructions supplied with the product. This warranty does not extend to
any Product that has been reprocessed, reconditioned or recycled.
This warranty also does not apply to any Products provided to Purchaser for testing
or demonstration purposes, any temporary Products Modules or any Products for
which Seller does not otherwise receive a usage or purchase fee; all such Products
are provided AS-IS without warranty.
This warranty, together with any other express written warranty that may be issued
by Masimo is the sole and exclusive warranty as to the Product and Software. This
warranty is expressly in lieu of any oral or implied warranties, including without
limitation any implied warranty of merchantability or fitness for a particular
purpose. Masimo shall not be liable for any incidental, special or consequential loss,
damage or expense directly or indirectly arising from the use or loss of use of any
Products or Software. In no event shall Masimo’s liability arising from any Product
and Software (under contract, warranty, tort, strict liability or other claim) exceed
the amount paid by purchaser for the Products giving rise to such claim. The