EN
LIMITED WARRANTY;
LIMITATION OF REMEDIES/LIABILITY:
The Smith & Nephew negative pressure wound care
electro-mechanical device ("Device") is warranted
against defects in workmanship and materials for the
warranty period specified below ("Warranty Period").
Smith & Nephew reserves the right to discontinue
any Device or change any Device's specifications or
designs from time to time. For any Device that fails to
meet the foregoing warranty, this warranty provides
and is restricted to replacement or repair (onsite
service not included) as elected by Smith & Nephew
in its sole discretion. If Smith & Nephew replaces a
Device under this warranty and requests Customer
to return the Device that was replaced, Customer will
be invoiced, at Smith & Nephew's then current list
price, for the replacement Device if Customer does
not return the replaced Device within thirty (30) days
after Smith & Nephew's shipment of the replacement
Device. This warranty does not cover and is voided
by any of the following: (i) a warranty claim not made
within the first to occur of expiration of the Warranty
Period or thirty (30) days following the failure of the
Device to perform as warranted; (ii) a Device packaged
or labeled by someone other than Smith & Nephew
or its authorized agents; (iii) a Device not used in
compliance with the specifications, instructions or
claims for use of the Device; (iv) a Device used in
conjunction with disposables, accessories or any other
products not specified for use with the Device; (v) a
Device used in conjunction with expired or reprocessed
disposables, accessories or other products specified
for use with the Device; (vi) modification of the Device;
(vii) damage due to misuse, reprocessing, alteration,
unauthorized repair or negligent handling or damage
due to lack of care by the owner, user, or handler of the
Device including but not limited to storage, handling
or cleaning; and (viii) any other damage inflicted to a
Device by the owner, user or handler. This warranty
applies only to the original buyer from Smith & Nephew
or its authorized distributor and is not transferable.
THIS WARRANTY IS THE SOLE WARRANTY OF
SMITH & NEPHEW. ALL OTHER WARRANTIES OF ANY
KIND OR DESCRIPTION WHATSOEVER, INCLUDING
WARRANTIES OF MERCHANTABILITY, SATISFACTORY
QUALITY AND FITNESS FOR A PARTICULAR PURPOSE,
EXPRESSED OR IMPLIED, ARE EXCLUDED TO THE
FULLEST EXTENT PERMITTED BY LAW.
Device
RENASYS™ NPWT electro-
mechanical devices
(inclusive of the power
cord and power supply)
CUSTOMER'S SOLE REMEDY, AND SMITH & NEPHEW'S
SOLE LIABILITY, FOR ANY CLAIM WILL BE THE
REPAIR OR REPLACEMENT BY SMITH & NEPHEW
AS PROVIDED FOR IN THIS WARRANTY. EXCEPT
FOR THIS LIMITED LIABILITY OF SMITH & NEPHEW,
SMITH & NEPHEW UNDER NO CIRCUMSTANCES
WILL BE LIABLE FOR ANY (A) CLAIM, FOR DAMAGES
OR OTHERWISE, WHETHER ARISING FROM BREACH
OF CONTRACT, TORT (INCLUDING NEGLIGENCE)
OR OTHERWISE, AND WHETHER OR NOT BASED
ON OR FLOWING DIRECTLY, INDIRECTLY OR AS A
CONSEQUENCE OF A WARRANTY CLAIM, BREACH
OF CONTRACT, A TORT, BREACH OF LAW, OR
ANY OTHER CAUSE OR LEGAL THEORY, OR (B)
DIRECT, INCIDENTAL, CONSEQUENTIAL OR SPECIAL
DAMAGES, LOSSES OR EXPENSES ARISING FROM
THIS AGREEMENT OR ITS PERFORMANCE OR LACK
THEREOF, OR IN CONNECTION WITH THE SALE
OR USE OF, OR INABILITY TO USE, THE DEVICE,
INCLUDING BUT NOT LIMITED TO, LOSS OF PROFIT
OR ANTICIPATED SAVINGS, LOSS OF ANTICIPATED
PROFIT, COST OF COVER FOR REPLACEMENT OR
ALTERNATIVE PRODUCT, ECONOMIC LOSS, LOSS
OF DATA, WASTED EXPENDITURE OR LOSS OF
REPUTATION OR GOODWILL.
40
Warranty Period
Two (2) years from date
of delivery to original
buyer