OmniPod 5 - Page 356

Appendix
348
Appendix
or other written instructions provided by Insulet. THIS LIMITED EXPRESS WARRANTY
DOES NOT APPLY IF THE CONTROLLER OR THE POD HAVE BEEN:
• Altered, changed or modied by any person or entity other than Insulet;
• Opened, serviced or repaired by any person or entity other than Insulet;
• Damaged by an act of God or other “force majeure” like event;
• Damaged by misuse, abuse, negligence, accident, unreasonable use, or improper
handling, care or storage;
• Damaged by wear and tear, causes unrelated to defective materials or workmanship
(including without limitation unsuitable or faulty batteries or sim cards) or other
circumstances outside of the reasonable control of Insulet.
is Limited Express Warranty does not apply to sim cards, test strips, or batteries that are not
provided by Insulet, other accessories, or related products provided by third parties (e.g., data
management tools, Sensors).
is Limited Express Warranty does not extend to design defects (i.e. claims that the Controller
or the Pod should have been designed in a dierent way).
DISCLAIMER OF IMPLIED WARRANTIES AND LIMITATION OF REMEDIES
To the extent permitted by law in the country you purchased or received the Controller and
Pods:
• is Limited Express Warranty and the remedies set out in it are the only warranties and
remedies provided by Insulet to you in relation to the Controller and the Pods and all
other statutory and implied warranties are expressly excluded to the maximum extent
permitted.
• Insulet, its suppliers, distributors, service providers, and/or agents will not be liable for
indirect, special, incidental or consequential damages caused by a defect in the Controller
or a Pod or by a breach of this Limited Express Warranty, whether such claim is based in
warranty, contract, tort or otherwise.
Nothing in this Limited Express Warranty is intended to exclude our liability for death or
personal injury resulting from our negligence, for fraud or fraudulent misrepresentation, or for
breach of your statutory rights in relation to the Controller or Pods.
Important Additional Provisions
is Limited Express Warranty gives you specic legal rights. You may also have other
statutory rights which vary by jurisdiction.
Your statutory rights are not aected by this Limited Express Warranty.
Insulet does not warrant the suitability of the Controller or the Pods or the Omnipod System
for any specic person as health care and treatment are complex subjects requiring the services
of qualied health care providers.
is Limited Express Warranty is between you and Insulet. No other party has any rights
to enforce any of its terms. Insulet may transfer its rights and obligations under this Limited
Express Warranty to another party without your consent.
If any provision of this Limited Express Warranty is found to be invalid by any court that
provision will be deemed to be deleted from this Limited Express Warranty and the validity of
the remaining provisions will not be aected.
No Other Warranty or Agreement
Unless modied in writing and signed by both Insulet and you, the foregoing Limited
Express Warranty is understood to be the complete and exclusive understanding between
Insulet and you, superseding all prior warranties and agreements, oral or written, and all
other communications relating to any defect in, failure or other malfunction in a Controller,