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 (on site
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
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)
Warranty Period
Two (2) years from date
of delivery to original
buyer
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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.