Instruction manual

other than normal use, and (iii) the prescribed periodic

maintenance and services have been performed on the

Product.

C.  is LIMITED WARRANTY is limited to its express

terms. THIS LIMITED WARRANTY IS IN LIEU OF

ALL OTHER WARRANTIES, EXPRESSED OR IM-

PLIED WHETHER STATUTORY OR OTHERWISE,

INCLUDING ANY IMPLIED WARRANTY OF MER-

CHANTABILITY OR FITNESS FOR A PARTICULAR

PURPOSE. In no event shall Medtronic Xomed be

liable for any consequential, incidental, prospective or

other similar damage resulting from a defect, failure, or

malfunction of the Product, whether a claim for such

damage is based upon the warranty, contract, negligence

or otherwise.

D.  e exclusions and limitations set out above are not

intended to, and should not be construed so as to, contra-

vene mandatory provisions of applicable law. Users may

beneﬁ t from statutory warranty rights under legislation

governing the sale of consumer goods. If any part or term

of this LIMITED WARRANTY is held by any court of

competent jurisdiction to be illegal, unenforceable, or in

conﬂ ict with applicable law, the validity of the remaining

portion of the LIMITED WARRANTY shall not be af-

fected, and all rights and obligations shall be construed

and enforced as if this LIMITED WARRANTY did not

contain the particular part or term held to be invalid.