CUSA
®
Clarity Ultrasonic Surgical Aspirator System Operator’s Manual
B-4
Warranty
Further, this warranty shall not apply to, and Integra shall not be
responsible for, any loss arising in connection with the purchase or
use of any Integra product that has been repaired by anyone other
than an authorized Integra service representative or altered in any
way so as, in Integra’s sole judgment, to affect its stability or
reliability, or which has been subject to misuse, negligence or
accident, or which has been used other than in accordance with
the instructions furnished by Integra.
IN NO EVENT SHALL INTEGRA, ITS AFFILIATES, ASSIGNEES
OR SERVICE AGENTS BE LIABLE FOR ANY INCIDENTAL,
INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE
DAMAGES IN CONNECTION WITH THE ACQUISITION OR USE
OF ANY INTEGRA PRODUCT, OR OF LOSS OF USE, REVENUE
OR PROFIT, WHETHER ARISING IN CONTRACT OR IN TORT,
BY VIRTUE OF THE WARRANTY OR ANY PERFORMANCE OR
BREACH BY INTEGRA, ITS AFFILIATES, ASSIGNEES OR
SERVICE AGENTS HEREUNDER OR PURSUANT HERETO.
5. 2 Customer agrees that, notwithstanding the technical assistance
provided pursuant to the Warranty by Integra or its
representatives, Customer shall be fully responsible for all
treatments performed or attempted with the Equipment.
INTEGRA MAKES NO REPRESENTATION OR WARRANTY AS TO THE
EFFICACY OF THE EQUIPMENT OR OF THE TECHNICAL
ASSISTANCE TO BE RENDERED BY INTEGRA, ITS AFFILIATES,
ASSIGNEES OR SERVICE AGENTS, FOR PURPOSES OF THE
PARTICULAR TREATMENT THAT CUSTOMER UNDERTAKES TO
PERFORM FOR THIRD PARTIES. Moreover, Customer shall not make
any claim against Integra or any of its afliates, assignees or
representatives with respect to the efcacy of the Equipment or of said
technical assistance or with respect to any claims by third parties related
to any treatment undertaken by Customer.
5. 3 Force Majeure. Notwithstanding anything to the contrary herein
contained, if the performance of the Warranty by Integra or
Customer or any obligation of Integra or Customer hereunder is
prevented, restricted or interfered with by reason of re, explosion,
act of God, labor disputes or accidents affecting performance
under the Warranty, or war, mobilization, civil commotions,
blockade or embargo, or any future law, regulation, ordinance or
requirement of any government or regulatory agency or any other
act, whatsoever similar to those above enumerated, or any other
circumstance being beyond the reasonable control of Integra or
Customer, then and in that event Integra or Customer, as the case
may be, shall promptly notify the other party hereto of the resulting
difculties therefrom, and any of the foregoing events shall excuse
any performance required under the Warranty.
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