Baylis V4C-O2E - Page 3

User Manual 1-iii
DMR V4C 3.3 (User Manual) V-4 06-May-2022
HEREOF AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND
STRICT LIABILITY) OR OTHERWISE, AND FURTHER WILL EXTEND TO THE BENEFIT OF BAYLIS MEDICAL'S VENDORS,
APPOINTED DISTRIBUTORS AND OTHER AUTHORIZED RESELLERS AS THIRD-PARTY BENEFICIARIES. EACH PROVISION
HEREOF WHICH PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTY OR CONDITION OR EXCLU-
SION OF DAMAGES IS SEVERABLE AND INDEPENDENT OF ANY OTHER PROVISION AND IS TO BE ENFORCED AS SUCH.
IN ANY CLAIM OR LAWSUIT FOR DAMAGES ARISING FROM ALLEGED BREACH OF WARRANTY, BREACH OF CONTRACT,
NEGLIGENCE, PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY, THE BUYER SPECIFICALLY AGREES
THAT Baylis Medical SHALL NOT BE LIABLE FOR DAMAGES OR FOR LOSS OF PROFITS, WHETHER FROM BUYER OR
BUYER'S CUSTOMERS. Baylis Medical'S LIABILITY SHALL BE LIMITED TO THE PURCHASE COST TO BUYER OF THE SPEC-
IFIED GOODS SOLD BY Baylis Medical TO BUYER WHICH GIVE RISE TO THE CLAIM FOR LIABILITY. No agent, employee
or representative of Baylis Medical has the authority to bind it to any other warranty, affirmation or representation
concerning the Product. This warranty is valid only to the original purchaser of Baylis Medical Products directly from
a Baylis Medical authorized agent. The original purchaser cannot transfer the warranty. The warranty period for the
V4C-O2E Oxygen Mixer is one(1) year from the shipment date. Purchaser covenants not to use the Equipment with
any unauthorized products, items, consumables, disposables, equipment and parts. Purchaser specifically agrees that
Baylis Medical shall not be liable for damages, personal injury or death if the Equipment is used with any unauthorized
products, items, consumables, disposables, equipment, and parts. Purchaser specifically agrees that Baylis Medical
shall not indemnify the Buyer for claims resulting in damages, personal injury or death if the Equipment is used with
any unauthorized products, items, consumables, disposables, equipment and parts.