Bovie Smoke Shark III Manual Del Operador página 20

TERMS & WARRANTY: SECTION 5.0
Limitation of Liability for Damages. Symmetry Surgical, Inc. is not liable for indirect, special, incidental
or consequential damages of any kind, arising from any theory, including breach of warranty, breach of
contract, negligence, tort or any other legal theory. Such damages include but are not limited to, loss
of profits or revenues, loss of use of the Product or any associated equipment, cost of capital, cost of
any substitute Product, facilities or services, down-time costs, lost reputation, or claims of customers
for such damages. Notwithstanding anything to the contrary herein, the total limit of Symmetry Surgical,
Inc.'s liability under any theory for one or more claims shall not exceed, in the aggregate, the amount
paid to Symmetry Surgical, Inc. for the Product that is the subject of such claim. Purchase and use of the
Product associated with this IFU constitutes acceptance of this provision and all others in the IFU.
Entire Agreement and Amendment. All exhibits and schedules attached hereto and referenced herein
are made a part of this Agreement. This Agreement constitutes the entire agreement between the parties
concerning the subject matter of this Agreement and supersedes all prior negotiations and agreements
between the parties concerning the subject matter of this Agreement. The terms of any purchase order,
invoice, or similar document used to implement this Agreement shall be subject to and shall not modify
this Agreement. This Agreement may only be amended by a written agreement signed by both parties.
Warranties. All warranties provided by Symmetry Surgical, Inc. with respect to any Product sold
are as described in the package inserts or instructions for use available with the Product or on the
www.symmetrysurgical.com or www.boviemedical.com websites. OTHER THAN AS SET FORTH IN
THE PREVIOUS SENTENCE, THERE IS NO IMPLIED OR EXPRESS WARRANTY ON THE
PRODUCTS, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. Using any filter not distributed by Symmetry Surgical, Inc. may cause damage to the Surgical
Smoke Evacuator and will void all warranties.
Governing Law, Venue and Jurisdiction. Any dispute arising from or related in any way to this IFU, the
product(s) associated with it or described herein shall be governed by and construed in all respects
in accordance with the laws of the state of Tennessee in the United States of America. All claims or
differences or other disputes, which arise out of or in connection with this IFU, the product(s) related to
it or otherwise shall be settled, litigated, or resolved by the state or federal courts in Antioch, Tennessee
(or those serving Antioch, Tennessee), and the parties hereby submit to the exclusive jurisdiction of such
courts over any dispute. All proceedings shall be held in English. Each party will bear its own costs in
such proceedings.
Customer/Technical Services: 800.251.3000 (United States) or +1 615.964.5532 (International)
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