Smiths Level 1 DSTA-40 - Page 14

DSTA-40 TEMP CHECK Thermometer Operator’s Manual
medical personnel, a hospital, or institution which purchases the TEMP CHECK for treatment of
patients. The Original Purchaser should retain the invoice or sales receipt as proof as to the actual date
of purchase.
B. Warranty Performance Procedure: Notice of the claimed defect must be made in writing or by telephone
to the Manufacturer as follows: Customer Service Department, Smiths Medical ASD, Inc., 160
Weymouth Street, Rockland, MA 02370, (800) 258-5361. Notice to the Manufacturer must include
date of purchase, model and serial number, and a description of the claimed defect in sufficient detail to
allow the Manufacturer to determine and facilitate any repairs which may be necessary.
AUTHORIZATION MUST BE OBTAINED PRIOR TO RETURNING THE TEMP CHECK. If
authorized, the TEMP CHECK must be properly and carefully packaged and returned to the
Manufacturer, postage prepaid. Any loss or damage during shipment is at the risk of the sender.
C. Conditions of Warranty: The warranty is void if the TEMP CHECK has been 1) repaired by someone
other than the Manufacturer or its authorized agent; 2) altered so that its stability or reliability is
affected; 3) misused; or 4) damaged by negligence or accident. Misuse includes, but is not limited to,
use not in compliance with the Operator's Manual or use with non-approved accessories. Removal or
damage to the TEMP CHECK’s serial number will invalidate this warranty.
D. Limitations and Exclusions: Repair or replacement of the TEMP CHECK or any component part
thereof is the EXCLUSIVE remedy offered by the Manufacturer. The following exclusions and
limitations shall apply:
1. No agent, representative, or employee of the Manufacturer has authority to bind the Manufacturer
to any representation or warranty, expressed or implied.
2. THERE IS NO WARRANTY OF MERCHANTABILITY OR FITNESS OR USE OF THE TEMP
CHECK FOR ANY PARTICULAR PURPOSE.
3. The TEMP CHECK can only be used under the supervision of medical personnel whose skill and
judgment determine the suitability of the TEMP CHECK for any particular medical treatment.
4, All recommendations, information, and descriptive literature supplied by the Manufacturer or its
agents are believed to be accurate and reliable, but do not constitute warranties.
The Manufacturer disclaims responsibility for the suitability of the TEMP CHECK for any particular medical
treatment or for any medical complications resulting from the use of the TEMP CHECK. The Manufacturer
shall not be responsible for any incidental damages or consequential damages to property, loss of profits, or
loss of use caused by any defect or malfunction of the TEMP CHECK.
This warranty gives the Original Purchaser specific legal rights, and the Original Purchaser may have other
legal rights which may vary from state to state.
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