Warranty
or
improperly
disassembled,
serviced,
orreassembled by
anyone
otherthan
Nellcor,
unless authorized by
Nellcor.
Nellcor makes no warranty with respect to (a)
any
other
products
that arenotWarranted
Products,
(b)
any
products
purchased
from
a
person
otherthan
Nellcor
ora
Nellcor-
authorized distributor or (c)any product sold under a brand
name
other
than
Nellcor.
Nellcor will not be responsible for the effect on safety,
reliability, and
performance
ofthe WarrantedProductif:(a)
assembly
operations, extensions, readjustments,
modifications,
orrepairs are carriedoutbypersonsotherthan
Nellcor
or
persons
authorized by
Nellcor
to
perform
repair
service
on
Nellcor'sbehalf; or (b)the electrical installation does not
comply
withthe requirements ofthe
applicable
national and
international standards, including requirements of
the
International
Electrotechnical Commission;
or
(c)
the
Warranted
Product
is
not
used
in
accordance
with
Nellcor's
instructions
for
use.
In
the
event
of a defect
in
the
Warranted
Product, Nellcor will
be
Uable
forinjury or death ofany actual person, or damage to
property, tothe extent,but
only
tothe extent,that such
liability is mandated under laws applicable to manufacturers
in generalandto manufacturers ofthe category ofproducts to
which
the
Warranted
Product
belongs.
THIS
WARRANTY,
TOGETHER WITH ANYOTHER
EXPRESS
WRITTEN
WARRANTY
THAT
MAY
BE
ISSUED
BY
NELLCOR,
IS
THE
SOLE
AND
EXCLUSIVE
WARRANTY
AS
TO
NELLCOR'S
PRODUCTS,
EXTENDS
ONLY
TO
THE
PURCHASER
AND
IS
EXPRESSLY
IN
LIEU
OF
ANY
ORAL
OR
IMPLIED
WARRANTIES
INCLUDING
WITHOUT
LIMITATION
ANY
IMPLIED
WARRANTY
OF
MERCHANTABILITY
ORFITNESS FOR A PARTICULAR
PURPOSE.
NELLCOR
SHALL
NOT
BE
LIABLE
FOR
ANY
INCIDENTAL,
SPECIAL
OR
CONSEQUENTIAL
LOSS
DAMAGE
OR
EXPENSE
(INCLUDING
WITHOUT
LIMITATION
LOST
PROFITS)
DIRECTLY
OR
INDIRECTLY
ARISING
FROM
THE
SALE,
INABILITY
TO
SELL
USE^R
LOSS
OF
USE
OF
ANY
PRODUCT
37
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