Medtronic MYOtherm XP Instrucciones De Uso página 15

C. This LIMITED WARRANTY is limited to its express terms. In particular:
(1) Except as expressly provided by this LIMITED WARRANTY, Medtronic is not responsible for any direct,
incidental, or consequential damages based on any defect, failure, or malfunction of the product,
whether the claim is based on warranty, contract, tort, or otherwise.
(2) THIS LIMITED WARRANTY IS MADE ONLY TO THE PATIENT IN WHOM THE PRODUCT WAS
USED. AS TO ALL OTHERS, MEDTRONIC MAKES NO WARRANTY, EXPRESSED OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR
FITNESS FOR A PARTICULAR PURPOSE, WHETHER ARISING FROM STATUTE, COMMON LAW,
CUSTOMER OR OTHERWISE. NO EXPRESS OR IMPLIED WARRANTY TO THE PATIENT SHALL
EXTEND BEYOND THE PERIOD SPECIFIED IN A(1) ABOVE. THIS LIMITED WARRANTY SHALL BE
THE EXCLUSIVE REMEDY AVAILABLE TO ANY PERSON.
(3) The exclusions and limitation set out above are not intended to, and should not be construed so as to,
contravene mandatory provisions of applicable law. If any part or term of this LIMITED WARRANTY is
held to be illegal, unenforceable or in conflict with applicable law by a court of competent jurisdiction, the
validity of the remaining portions of the LIMITED WARRANTY shall not be affected, and all rights and
obligations shall be construed and enforced as if this LIMITED WARRANTY did not contain the
particular part or term held to be invalid. This LIMITED WARRANTY gives the patient specific legal
rights. The patient may also have other rights which vary from state to state.
(4) No person has any authority to bind Medtronic to any representation, condition, or warranty except this
LIMITED WARRANTY.
Note: This LIMITED WARRANTY is provided by Medtronic, 710 Medtronic Parkway, Minneapolis, MN
55432. It applies only in the United States. Areas outside the United States should contact their local
Medtronic representative for exact terms of the LIMITED WARRANTY.
11. Important notice—limited warranty (for countries outside the US)
Important: This limited warranty does not apply in Australia.
A. This LIMITED WARRANTY provides assurance for the purchaser who receives a MYOtherm XP system
with Cortiva bioactive surface, hereafter referred to as the "Product", that, should the Product fail to function
to specification, Medtronic will issue a credit, equal to the original Product purchase price (but not to exceed
the value of the replacement Product) against the purchase of any Medtronic replacement Product used for
that patient.
The Warnings contained in the product labeling are considered an integral part of this LIMITED
WARRANTY. Contact your local Medtronic representative to obtain information on how to process a claim
under this LIMITED WARRANTY.
B. To qualify for the LIMITED WARRANTY, these conditions must be met:
(1) The Product must be used prior to its Use-by date.
(2) The Product must be returned to Medtronic within 60 days after use and shall be the property of
Medtronic.
(3) The Product may not have been used for any other patient.
C. This LIMITED WARRANTY is limited to its express terms. In particular:
(1) In no event shall any replacement credit be granted where there is evidence of improper handling,
improper implantation, or material alteration of the replaced Product.
(2) Medtronic is not responsible for any incidental or consequential damages based on any use, defect or
failure of the Product, whether the claim is based on warranty, contract, tort, or otherwise.
D. The exclusions and limitations set out above are not intended to, and should not be construed so as to,
contravene mandatory provisions of applicable law. If any part or term of this LIMITED WARRANTY is held
by any court of competent jurisdiction to be illegal, unenforceable or in conflict with applicable law, the
validity of the remaining portion of the LIMITED WARRANTY shall not be affected, and all rights and
obligations shall be construed and enforced as if this LIMITED WARRANTY did not contain the particular
part or term held to be invalid.
Instructions for Use English 13