154
Eversense XL CGM User Guide
19
either offer you a reduced price for it, or failing this, Senseonics will reimburse you the price of the Smart Transmitter pro-rata
for the remaining duration of the warranty, and cancel these Terms. You must return the defective Smart Transmitter to an
authorized Senseonics Customer Service Department in an appropriate shipping container that will adequately protect the
Smart Transmitter from further damage, accompanied by your name and address, the name and address of the physician from
whom you obtained the Smart Transmitter, and the date and the ID number of the Smart Transmitter. To find out where to
send the Smart Transmitter, please visit our website www.eversensediabetes.com. Upon receipt, if Senseonics determines that
the Smart Transmitter is covered by the limited warranty and that coverage is not excluded, Senseonics will promptly replace
the Smart Transmitter. If Senseonics determines that the Smart Transmitter is not covered by the limited warranty, you may
purchase a replacement or if you want the original Smart Transmitter returned, you must prepay all shipping charges.
A repaired or replacement Smart Transmitter assumes the remaining warranty of the original Smart Transmitter,
or[30]days from the date of replacement or repair, whichever is longer.
4. Limits of Senseonics’ obligations under the limited warranty.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW YOUR USE OF
THE SMART TRANSMITTER IS AT YOUR SOLE RISK, AND THE SMART TRANSMITTER IS PROVIDED ON AN “AS IS” AND
“AS AVAILABLE” BASIS AND IT HAS NOT BEEN DEVELOPED TO MEET YOUR INDIVIDUAL REQUIREMENTS, AND THAT
IT IS THEREFORE YOUR RESPONSIBILITY TO ENSURE THAT THE FUNCTIONS OF THE SMART TRANSMITTER MEET
YOUR REQUIREMENTS – FOR MORE INFORMATION ON THE FUNCTIONS OF THE SMART TRANSMITTER PLEASE SEE
EVERSESEDIABETES.COM TO REVIEW THE USER GUIDEWHICH DESCRIBES THE SMART TRANSMITTER’S FUNCTIONALITY.
TO THE EXTENT YOU DEAL WITH SENSEONICS AS, OR ON BEHALF OF A BUSINESS, THE LIMITED WARRANTY OF
SENSEONICS DESCRIBED ABOVE IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED,
EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, AND SENSEONICS EXPRESSLY EXCLUDES AND
DISCLAIMS ALL SUCH OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, NON-
INTERFERENCE, ACCURACY OF INFORMATIONAL CONTENT, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE,
OR TRADE PRACTICE. EXCEPT AS EXPRESSLY STATED IN THIS SECTION 4, SENSEONICS HAS NO LIABILITY TO YOU FOR
ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY ARISING
AS A RESULT, OR IN THE COURSE, OF YOUR USE OF THE SMART TRANSMITTER FOR ANY COMMERCIAL, BUSINESS OR
RESALE PURPOSES. TO THE EXTENT THAT SENSEONICS MAY BE LIABLE TO YOU FOR LOSS YOU SUFFER AS A RESULT
OF YOUR NON-COMMERCIAL USE OF THE SMART TRANSMITTER, SENSEONICS IS ONLY RESPONSIBLE FOR LOSS OR
DAMAGE YOU SUFFER THAT IS A FORESEEABLE RESULT OF SENSEONICS’ BREACH OF THE TERMS OR SENSEONICS’
To Next Page
Loading...
