User's Manual

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Mini Mitter, a Respironics Company
WARRANTY POLICY
1. WARRANTY : Mini Mitter, a Respironics Company, warrants that upon delivery the goods sold hereunder will be free of defects
in materials and workmanship, and such goods will substantially conform to the specifications furnished by the Seller, and to any
drawings or specifications furnished to the Buyer by the Manufacturer (Mini Mitter, a Respironics Company) if approved by the
Manufacturer.
a) Commencement of Warranty – The warranty period begins on the date of delivery.
b) Duration of Warranty – The goods sold hereunder are warranted for a period of twelve months, except PDT-4000 and PDT-
4000HR, which are warranted for two years.
c) Third Party Product Warranty – Third party products purchased by Buyer through the Manufacturer are covered by the third
party’s warranty and ARE NOT COVERED BY THE MANUFACTURER WARRANTY.
d) Place of Repair or Replacement. Buyer must return the defective or nonconforming goods upon request to Mini Mitter, a
Respironics Company, at 20300 Empire Avenue, Building B-3; Bend, OR 97701, 800-685-2999 (US or Canada only) or 1-541-598-
3800, not later than 15 days after the Manufacturer’s receipt of notice of the alleged defect or nonconformance. Buyer shall
prepay transportation charges. The Manufacturer shall pay for the return of the goods to Buyer. No goods are to be returned to
the Manufacturer without prior authorization and a valid Return Authorization (RA) number.
e) Limitation of Warranty – The foregoing warranty shall not apply to defects resulting from (a) improper or inadequate
maintenance by Buyer; (b) unauthorized modification of the goods; (c) operation of the goods outside of the environmental
specifications for the goods; (d) neglect, misuse or abuse of the goods or (e) modification or integration with other goods not
covered by a Mini Mitter, a Respironics Company, warranty when such modification or integration increases the likelihood of
damage to the goods.
f) Technical assistance – The warranty set forth above shall not be enlarged, diminished or affected by and no obligation or
liability shall arise from the Manufacturer’s rendering of technical advice, assistance or services in connection with Buyer’s order
of the goods furnished hereunder. The Buyer is not relying on the Manufacturer’s skill or judgment to select or furnish suitable
goods.
THE WARRANTY SET FORTH ABOVE IS EXCLUSIVE AND THE MANUFACTURER GIVES NO OTHER WARRANTY WRITTEN
OR VERBAL, EXPRESS OR IMPLIED. MINI MITTER, A RESPIRONICS COMPANY, SPECIFICALLY DISCLAIMS THE IMPLIED
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE MANUFACTURER’S STANDARD
WARRANTY POLICY COVERING ANY OF THE MANUFACTURER’S PRODUCTS SHALL BE NULL, VOID, AND OF NO EFFECT IF THE
BUYER OR ANY THIRD PARTY USES THAT PRODUCT FOR ANY USE OTHER THAN THE INTENDED USE OF THAT PRODUCT.
2. LIMITATION OF REMEDIES AND LIABILITY. The remedies provided herein are Buyer’s sole and exclusive remedies.
The Manufacturer shall have no responsibility other than, at the Manufacturer’s option, to repair or replace defective or
nonconforming goods or to refund the purchase price of defective or nonconforming goods in the event of breach of
any warranty. IN NO EVENT SHALL THE MANUFACTURER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR
CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS) WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL
THEORY. In the event that any limitation of warranty or disclaimer of liability is found to be unlawful or inapplicable, or to have
failed of its essential purpose, the Manufacturer’s liability shall be limited to the amount paid by the Buyer for the specific goods
that caused such liability.