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warranties for system compliance with the owner's requirements or for functionality
without interruption, errors or deficiencies.
TYROMOTION is in no way liable for indirect, incidental, specific or consequential
damage or for punitive damage compensation including, among other things, the loss or
absence of profits, yield, goodwill or usage, which the owner or third parties may incur
or for damage to connected equipment, costs for replacement products, installations,
servicing, exchange elements or idle time or for claims from patients, customers, visitors,
the owner's employees or other persons, regardless whether submitted within the
context of a contractual claim, due to unauthorized behavior, strict liability or imposed
by law or otherwise even when TYROMOTION has been informed about the possibility
of such damages. TYROMOTION's liability for damages resulting from or in connection
with this contract may not in any event exceed the purchasing price of the system.
Some jurisdictions limit or exclude the extent of restrictions, the exclusion of legal
means, compensation or liability, such as liability for gross negligence or willful
misconduct according to or in the abovementioned extent or do not permit the exclusion
of implicit warranties. In such jurisdictions, the restriction or exclusion of warranties,
legal means, compensations or liabilities described above may not be valid for the owner.
Such restrictions or exclusions apply according to the highest legally permitted extent
even if they are not valid according to the legally prohibited extent. The owner may also
have other rights that vary depending on the specific country or other jurisdictions.
1.2 Training concept
The OMEGO
®
Basic system is a complex technical device. Users of the PABLO® system are
required to complete a training course and read the user manual in order to ensure the
safety of patients, users and the device itself. Merely reading the present manual does
not convey sufficient competence for operating OMEGO
®
Basic. Prospective users are
also required to have basic medical training (e.g. physiotherapy/occupational therapy).
TYROMOTION GmbH rejects all liability for damages resulting from therapy that was
performed by an untrained user. Prospective users are trained after delivery of the
OMEGO
®
Basic system.
Users are able to perform initial and repeated therapies training with the OMEGO
®
Basic
system. Users are not permitted to instruct other persons in the usage of the OMEGO
®
Basic system. Users are trained by a member of TYROMOTION GmbH or by another
trainer delegated by TYROMOTION GmbH.
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