Users Manual

201
AppendixAppendix
ANY IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED.
IN NO EVENT SHALL INSULET CORPORATION, ITS SUPPLIERS, DISTRIBUTORS,
SERVICE PROVIDERS, AND/OR AGENTS BE LIABLE FOR INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES CAUSED BY A DEFECT IN THE
PDM OR A POD OR BY A BREACH OF THE ABOVE LIMITED EXPRESS WARRANTY,
WHETHER SUCH CLAIM IS BASED IN WARRANTY, CONTRACT, TORT, OR
OTHERWISE.
Important Additional Provisions
INSULET CORPORATION DOES NOT WARRANT THE SUITABILITY OF THE PDM,
THE POD, OR THE OMNIPOD DASH™ SYSTEM FOR ANY SPECIFIC PERSON AS
HEALTH CARE AND TREATMENT ARE COMPLEX SUBJECTS REQUIRING THE
SERVICES OF QUALIFIED HEALTH CARE PROVIDERS.
e above Limited Express Warranty gives you specic legal rights, and you may also have
other rights which vary by jurisdiction. e above Limited Express Warranty applies only to
PDMs and the Pods that were originally sold for use in the United States of America.
Note that some jurisdictions do not allow the exclusion of implied warranties or the limitation
of indirect, special, incidental, or consequential damages, so the above exclusions or limitations
may not apply to you. INSULET CORPORATION’S LIABILITY IN SUCH JURISDICTIONS
SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. SUCH
LIMITATIONS SHALL INCLUDE BUT ARE NOT LIMITED TO THE FOLLOWING:
ANY IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED UNDER THE LAW
OF A PARTICULAR JURISDICTION ARE LIMITED, TO THE EXTENT ALLOWED
BY LAW, TO THE TIME PERIOD COVERED BY THE ABOVE LIMITED EXPRESS
WARRANTY, OR TO THE APPLICABLE TIME PERIOD PROVIDED BY LAW,
WHICHEVER PERIOD IS SHORTER.
No Other Warranty or Agreement
Unless modied in writing and signed by both Insulet Corporation and you, the foregoing
Limited Express Warranty is understood to be the complete and exclusive understanding
between Insulet Corporation 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 PDM, a Pod, or an Omnipod DASH™ System. No employee, agent or other representative
of Insulet Corporation, or any other party is authorized to make any product warranty or
agreement applicable to a PDM, a Pod, or an Omnipod DASH™ System in addition to those
made in the foregoing.
Consent to Disclaimer of Implied Warranties and the Limitation of Remedies
If you do not consent to and instead wish to reject the Disclaimer of Implied Warranties and
the Limitation of Remedies included with the Omnipod DASH™ System, please return any
Omnipod DASH™ System products (including any PDM and Pods) to Insulet Corporation
in exchange for a full refund. Failure to return such Omnipod DASH™ System products shall
constitute acknowledgement of and consent to the Disclaimer of Implied Warranties and the
Limitation of Remedies.
Rev: January 15, 2018