User's Manual

Rad-87 Pulse CO-Oximeter Operator’s Manual
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Sales & End-User License Agreement
THIS DOCUMENT IS A LEGAL AGREEMENT BETWEEN YOU (“PURCHASER”) AND MASIMO
CORPORATION (“MASIMO”) FOR THE PURCHASE OF THIS PRODUCT (“PRODUCT”) AND
A LICENSE IN THE INCLUDED OR EMBEDDED SOFTWARE (“SOFTWARE”). EXCEPT AS
OTHERWISE EXPRESSLY AGREED IN A SEPARATE CONTRACT FOR THE ACQUISITION
OF THIS PRODUCT, THE FOLLOWING TERMS ARE THE ENTIRE AGREEMENT BETWEEN
THE PARTIES REGARDING YOUR PURCHASE OF THIS PRODUCT. IF YOU DO NOT AGREE
TO THE TERMS OF THIS AGREEMENT, PROMPTLY RETURN THE ENTIRE PRODUCT,
INCLUDING ALL ACCESSORIES, IN THEIR ORIGINAL PACKAGES, WITH YOUR SALES
RECEIPT TO MASIMO FOR A FULL REFUND.
Warranty
Masimo warrants to the initial Purchaser for a period of one (1) year from the date of purchase
that: (i) each new Product and the Software media as delivered are free from defects in
workmanship or materials, and (ii) the Product and Software will perform substantially as labeled
in the directions for use. Masimo’s sole obligation under this warranty is to repair or replace any
Product or Software that is covered under warranty.
Batteries are warranted for six (6) months.
To request a replacement under warranty, Purchaser must contact Masimo for a returned goods
authorization. If Masimo determines that a Product must be replaced under warranty, it will be
replaced and the cost of shipment covered. All other shipping costs shall be the responsibility
of Purchaser.
Exclusions
The warranty does not extend to, and Masimo is not responsible for, repair, replacement, or
maintenance needed because of: a) modification of the Product or Software without Masimo’s
written authorization; b) supplies, devices or electrical work external to the Product or not
manufactured by Masimo; c) disassembly or reassembly of the Product by anyone
other than
an authorized Masimo agent; d) use of the Product with sensors or other accessories other than
those manufactured and distributed by Masimo; e) use of the Product and Software in ways or in
environments for which they are not labeled; and f) neglect, misuse, improper operation, accident,
fire, water, vandalism, weather, war, or any act of God. This warranty does not extend to any
Product that has been reprocessed, reconditioned or recycled.
This warranty also does not apply to any Products provided to Purchaser for testing or
demonstration purposes, any temporary Products modules or any Products for which Seller
does not otherwise receive a usage or purchase fee; all such Products are provided as is without
warranty.
THIS WARRANTY, TOGETHER WITH ANY OTHER EXPRESS WRITTEN WARRANTY THAT
MAY BE ISSUED BY MASIMO IS THE SOLE AND EXCLUSIVE WARRANTY AS TO THE
PRODUCT AND SOFTWARE. THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY ORAL OR
IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. MASIMO SHALL NOT
BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL LOSS, DAMAGE OR
EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM THE USE OR LOSS OF USE OF
ANY PRODUCTS OR SOFTWARE. IN NO EVENT SHALL MASIMO’S LIABILITY ARISING
FROM ANY PRODUCT AND SOFTWARE (UNDER CONTRACT, WARRANTY, TORT, STRICT
LIABILITY OR OTHER CLAIM) EXCEED THE AMOUNT PAID BY PURCHASER FOR THE
PRODUCTS GIVING RISE TO SUCH CLAIM. THE LIMITATIONS IN THIS SECTION SHALL
Service & Maintenance